Qbit

Qbit Terms of Service Agreement

Last updated: April 15th, 2026

Welcome to Qbit, your friendly AI search monster! I'm here to make things easy, whether searching for stuff, helping write things, setting calendar reminders, playing games, tutoring, research, and other things I can do (the "Services"). In order to do these things we have to have this legal agreement ("Agreement", "Terms of Service", "Terms") that you and the creator and caretaker of Qbit, MyQbit, LLC ("Qbit", "Company", "we", "our" or "us") mutually agree to (the "parties"). You understand and agree that Qbit is an artificial intelligence ("AI") powered search engine and assistant, generally made available through our progressive web application (the "App"), and any content, tools, features and functionality offered thereon.

These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms.

For purposes of these Terms, "you" and "your" means you as the user of the Services. If you use the Services on behalf of a company or other entity then "you" includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.

THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTION) RELATED TO THE COMPANY'S SERVICES AND/OR PRODUCTS THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW. YOU HAVE THE RIGHT TO OPT-OUT OF THE ARBITRATION CLAUSE AND THE CLASS ACTION WAIVER AS EXPLAINED IN SECTION 11. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICES.

1. The Services

1.1 Input and Output

a. As a part of the Services, you can input, upload and submit data via voice, text, photos, videos, audio recordings, documents in a variety of formats, database records, and other information and materials (collectively "Input") to Qbit. Qbit will use artificial intelligence tools and functionalities to generate responses and/or perform tasks (collectively "Output") based on your Input. All Input will be deemed your "Content" under these Terms.

b. In submitting Content to Qbit, you represent that you have all rights, licenses, consents, permissions, power and/or authority necessary to submit and use (and allow Qbit to use) such Content in connection with the Services. You represent and warrant that your submission of Content in connection with your use of the Services, including Qbit's use thereof to generate Output, will not breach any law, copyright, or any third party's terms and conditions associated with such Content.

1.2 Age Eligibility; Parental Controls and Reports

a. You must be 13 years of age or older to use Qbit. Children under the age of 13 should not use the Services. By using the Services, you represent and warrant that you are over the age of 13.

b. Parental controls and reports, if and when available and as modified or expanded from time to time, are for use by parents (the term being inclusive of guardians and others who have supervisory responsibilities of minors) to help them monitor and oversee the activities of their children who use Qbit. It is specifically, unconditionally acknowledged and agreed that the Qbit controls and reports are only built for convenience and are in no way a substitute for the need and sole obligation of parents to directly supervise, monitor, and control their children's devices, apps, use and activity when it comes to Qbit. If your child has problems, encounters errors or otherwise inappropriate Output, or takes actions, makes decisions or does stupid stuff on or due to their activity with Qbit then the parents take sole and exclusive responsibility for that and hereby fully, unconditionally release Qbit and all related persons from any and all liability.

2. User Accounts, Query Credits for Genius Level Ad-Free Output

2.1 Creating and Safeguarding Your Account

To improve or use certain features or tools of the Services, you may need to create an account. If so, then you agree to provide us with accurate, complete and updated information for your account. You can access, edit and update your account anytime via the account settings page on the App. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password.

2.2 Paid Services

Operating and providing the Services is expensive, so although we endeavor to make many of our Services available for free to you, this may be partially or fully offset by including advertisements "ads" in the Output, by using less powerful AI models, resources and processors, and/or by limiting the things you can do on and with Qbit. For an advertisement-free experience, as well as to access more powerful (aka "genius level") AI models, resources and processors, you can acquire query credits which the system uses to provide the best Output possible and the best ad-free experience. "Query credits" are not to be confused with AI "tokens", which are not relevant to you as a user of the Services (even though very relevant to us in the backend operations and costs of the Services); with Qbit, one query credit provides for one standard request, instruction or interaction (aka "prompts") regardless of the nature of the query when it is coupled with standard types of Input and results in delivery of standard types of research, interactions, or unconstructed Output, while requests for, and delivery of constructed Output such as photo or image creation, video creation or editing, writing software, exceptionally detailed research (e.g. medical or legal reviews of images, documents, as well as other types of specialized research) or reviews, or extended interactions will require more credits. Query credits can be bought in packs as made available in the App settings, they never expire, are nonrefundable, and nontransferable and will only disappear (be forfeited) in the event your account is deleted or is inactive for more than eighteen months. If auto-replenish is enabled then you agree that we may use your credit or debit card information on file to automatically "top up" your query credits to the same threshold as your most recent purchase anytime your credits drop below 25% of the amount of credits last purchased. We reserve the right to change our pricing plans and query credit requirements on various prompts in any manner and at any time as we may determine in our sole and absolute discretion. Query credit plans and pricing may vary by geographic region and by types of persons using the Services, also via access methods (e.g. App vs APIs), and there is no guaranty or obligation that plans and pricing offered to others will also be offered or made available to you.

3. No Advice Given

3.1 No Advice

You unconditionally acknowledge and agree that Qbit does NOT provide advice, regardless of the form or manner in which results to query prompts and requests are delivered, or the characterization thereof. The Services simply compile and analyze information available in the large language models ("LLMs") and decisioning and search systems that the Services tie into via application programming interfaces ("APIs"). Those systems, and hence Qbit, will always be relying on imperfect and incomplete datasets, and flawed decisioning models. Thus, any and all responses of any type, including but not limited to those related to medical, legal, finance, accounting, regulatory, psychology, education and other things are based upon flawed data and flawed decisioning processes and algorithms. You agree that you will NEVER take any action(s) nor make any decisions based upon Qbits Output and will ALWAYS solely and exclusively rely on your properly licensed professional advisors, including but not limited to lawyers, accountants, financial planners, brokers, travel agents, teachers, doctors, insurance agents, construction contractors, real estate agents, city, state and federal officials, law enforcement, etc.

4. Language Translations

You understand and acknowledge that Qbit uses and relies on backend third-party artificial intelligence ("AI") tools for a variety of things, including but not limited to both static and dynamic language translations of our App and all Input and Output, as well as the qbit.app website. We may also use AI to endeavor to automatically translate Content posted by you and by others into the language setting Qbit sees in your or the recipients browser or phone settings, or as you or they may have set elsewhere, so that you and they can view text, and possibly even hear audio (or view subtitles) in your/their set language even when the original Content was posted in a different language. These tools are imperfect; translations will have errors including but not limited to both context, syntax and meaning. You unconditionally acknowledge and accept this and release us from any problems, issues, or misunderstandings you may have, and from all liability of any type from such problems, issues, or misunderstandings. Translation errors will undoubtably be part of your experience on Qbit from AI-translated Content that originates from or is delivered in a different language than you.

5. Rights We Grant You

5.1 Right to Use Services

We hereby permit you to use the Services for your personal, non-commercial use only. If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services, in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, disruption of integrations with third party service providers, periodic software updating, and other actions that we, in our sole discretion, may elect to take with no advance or public notice required.

5.2 Restrictions On Your Use of the Services

You may not do any of the following in connection with your use of the Services:

5.3 Use of the App

You are responsible for providing the device(s), including but not limited to mobile phones, tablets and laptops, and their associated wireless service plans, software, Internet connections and/or other equipment or services that you need to install and use the App. We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App will be available in any particular geographic location.

As part of the Services you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App ("Push Messages"). You acknowledge that when you use the App your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You are solely responsible for any fee, cost or expense that you incur to install and/or use the App on your device(s), including for your receipt of Push Messages from Qbit.

SMS Program Details. If you choose to enable SMS (text message) alerts within the App, or if you enter a phone number to verify your account, you consent to receive text messages from Qbit at the mobile number you provide. The SMS program may send you (a) alerts when our content-screening systems flag a message in your child's chat for review, and (b) verification codes ("one-time passcodes") used to confirm your phone number or sign you in. Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.

Opt-Out. You may opt out of SMS messages at any time by replying STOP to any text message from Qbit, or by turning off SMS alerts in your Qbit account settings. After you opt out, you will receive a confirmation text and no further SMS messages, except that verification codes you request yourself will still be sent so that you can complete sign-in or phone-verification actions.

Help. For help, reply HELP to any text message from Qbit, or contact us at the email address listed in our Privacy Policy.

Information you provide when enabling SMS, including your phone number, is handled in accordance with our Privacy Policy.

6. Ownership of Intellectual Property, Copyrights and Trademarks

6.1 Ownership of the Services

The Services, including the "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that Qbit and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests.

6.2 Ownership of Trademarks

Our legal and trade names, including but not limited to Qbit and MyQbit, as well as all trademarks, logos and all related names, logos, product and service names, designs, taglines and slogans are the property of the Company or our affiliates or licensors.

6.4 Your Content

a. In order to provide the Services, you hereby grant us license rights in and to your Content so that the things we do in operating the Service are not considered copyright or any other legal violations. Accordingly, by using the Service and uploading your Content, you grant us a license to access, use, host, cache, store (in locations of our choosing, including with third-party providers such as AWS and others, and deliver Output therefrom), reproduce, transmit, display, publish, distribute, modify and create derivative works of your Content, both for Output to you and potentially to others. This includes you hereby giving us the right to reproduce, create, transmit, display, publish and distribute Output based on your Input. You agree that these rights and licenses are royalty free, perpetual, transferable, sub-licensable, worldwide and irrevocable and include a right for us to make your Content available to, and pass these rights along to others with whom we have relationships related to the provisioning of the Services (e.g. hosting, decisioning, translating, compressing, cropping, reformatting, editing, etc) for the purpose of providing Services, and to otherwise permit access to or disclose your Content to third parties if we determine such access is necessary to comply with our operational, ethical or legal obligations.

b. To the fullest extent permitted by applicable law, the Company reserves the right, and has absolute discretion, to remove, screen, edit, modify, moderate or delete any of your Content at any time, for any reason, and without notice. By posting or submitting your Content through the Services, you represent and warrant that you have, or have all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for your Content. You agree that your Content, and our rights to modify it including creating derivative works and including such in Output will not violate any persons copyright or other proprietary rights.

6.5 Notice of Infringement — DMCA (Copyright) Policy

If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the "DMCA"), by providing the following information in writing:

Notices of copyright infringement claims should be sent by email to copyrights@qbit.app. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe on (or falsely claim infringement of) copyrights or intellectual property rights of others.

A user of the Services who has uploaded or posted materials claimed to be infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.

7. Third-Party Services and Materials, Links to Websites

7.1 Use of Third-Party Materials in the Services

Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third-Party Materials") or provide links to third-party websites. Third-Party Materials include the open-source software or other third-party software, such as third-party large language models ("LLMs"), that are included in the artificial intelligence and machine learning models accessed or used by and through the Services. By using the Services, you acknowledge and agree that Qbit is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials, LLM sources or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.

7.2 Links to Third-Party Websites

Qbit contains and will invariably deliver in prompt results links to third party websites ("Linked Sites"). The Linked Sites are not under the control of Qbit and You explicitly agree that Qbit is not responsible for anything on any Linked Site; including, without limitation, anything published on a Linked Site, the safety of a Linked Site, any changes or updates to a Linked Site, nor even if a Linked Site is working appropriately. The appearance, availability, or your use of Linked Sites does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of Qbit, its affiliates or any of its or their respective officers, directors, employees, contractors, partners, agents, representatives, licensors, suppliers, and service providers, successors and permitted assigns. You are personally responsible for viewing and abiding by the privacy policies and terms of use agreements posted at any Linked Site you visit. Furthermore, any activity or dealings with third parties linked to from the Platform, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party; Qbit shall not be deemed or held responsible nor liable for any part of any such activity or dealings.

8. Disclaimers, Limitations of Liability and Indemnification

8.1 Disclaimers

a. Your access to and use of the Services are at your own risk. You understand and agree that the Services, including any Offerings, are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Qbit, its affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the "Company Entities") DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, your Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Company Entities or through the Services will create any warranty or representation not expressly made herein.

b. You acknowledge that the Services may generate Output containing incorrect, biased, or incomplete information. The Company shall have no responsibility or liability to you for the infringement of the rights of any third party for any Output, including your use thereof. You should not rely on the Services or any Output for advice of any kind, including medical, legal, investment, financial or other professional advice. Any Output is not a substitute for advice from a qualified professional. You acknowledge that due to the nature of generative artificial intelligence tools, other users of the Services may create and use their own Output that is similar or the same as your Output, such as because the same or similar Input was provided, and you agree that such other users can use their Output for their own purposes.

c. THE COMPANY ENTITIES TAKE NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES, INCLUDING ANY OUTPUT.

d. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, BIASED, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, AND YOU UNCONDITIONALLY AGREE THAT NONE OF WHICH THE COMPANY ENTITIES WILL BE RESPONSIBLE FOR.

8.2 Limitations of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES (INCLUDING ANY OUTPUT) OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OUTPUT, OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES OR OUTPUT. THE COMPANY ENTITIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

8.3 Indemnification

By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; (d) your Content; or (e) your negligence or wilful misconduct. If you are obligated to indemnify any Company Entity hereunder, then you agree that Company (or, at its discretion, the applicable Company Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Company wishes to settle, and if so, on what terms, and you agree to fully cooperate with Company in the defense or settlement of such claim.

9. Term and Termination

9.1 Term and Termination

This Agreement will remain in full force and effect while you use the Services. You may terminate your use at any time and for any reason. Qbit may block or terminate your access to or use of the Services, change or delete your account(s), change your profile name (aka member name or username), and/or delete your Content at any time and without reason, with no notice required. Even after this Agreement is terminated, all provisions will remain in effect for anything related to the time you used the Services.

10. Statute of Limitations

10.1 Statute of Limitations

You and Qbit agree that regardless of any statute or law to the contrary, any dispute under these Terms, including any claim or cause of action against Company Entities, must be commenced or filed within one year from the date the event occurred which forms the basis of the claim, including but not limited to the facts and/or circumstances preceding it, and that any post-event conversations or activities do not in any way "toll" or extend or affect this limitation; the parties unconditionally agree that after this one year period the dispute or claim is permanently barred, and there shall be no right to any remedy for any claim not formally asserted pursuant to Section 11 below in that time period.

11. Binding Arbitration, Applicable Law and Venue, Class Action Waiver, Attorneys Fees

11.1 PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

11.2 Informal Process First

You and the Company agree that in the event of any dispute, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party thirty (30) calendar days in which to respond. Both you and the Company agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

11.3 Arbitration Agreement and Class Action Waiver

(a) Agreement to Binding Arbitration.

YOU AND QBIT MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate ("Arbitration Agreement") is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16, including both the FAA's procedural and substantive provisions. If the FAA is inapplicable for any reason, then this Arbitration Agreement is governed by the laws of the State of Delaware, including the procedural and substantive provisions of Del. Code tit. 10, § 5701 et seq., without regard to choice of law principles. For the avoidance of doubt, a court may neither refuse to enforce this Arbitration Agreement, nor refuse to stay arbitration proceedings, pursuant to state law that is inconsistent with the FAA or Delaware law (including, for example, pursuant to California Code of Civil Procedure § 1281.2(c).) This Arbitration Agreement survives after the Agreement terminates or your relationship with Qbit ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to any and all Claims (defined below) between you and Qbit as well as between you and any of our successors and assigns, employees, agents or shareholders. This Arbitration Agreement also applies to claims between you and Qbit's service providers, including but not limited to background check and identity verification providers, messaging service providers, language translation service providers, video delivery service providers, and payment processors; and such service providers shall be considered intended third-party beneficiaries of this Arbitration Agreement.

Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A "CLAIM" AND COLLECTIVELY, "CLAIMS") SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Qbit Platform, and/or any goods or services made available through the Qbit Platform by Qbit or a third-party provider, your relationship with Qbit, the threatened or actual suspension, deactivation or termination of your User account or this Agreement, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act of 1974 (except for individual claims for employee benefits under any benefit plan sponsored by Qbit and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND QBIT ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.

(b) Rules Governing Arbitration

Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by JAMS pursuant to an arbitration in Las Vegas, Nevada before one arbitrator. The arbitration shall be administered pursuant to JAMS Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules, including Rules 16.1 and 16.2 of those Rules. Copies of these rules are located at: https://www.jamsadr.com/rules-download. Judgment on the Award may be entered in any court having jurisdiction. The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the hearing. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of JAMS Rules, but in no event, unless you and Qbit agree otherwise, shall the arbitrator consolidate more than one person's Claims, or otherwise preside over any form of representative, collective, or class proceeding. The parties may select a different arbitration administrator, forum, and/or third party neutral upon mutual written agreement. If JAMS is unable or unwilling to administer the arbitration under this Arbitration Agreement, you and Qbit will select another arbitration provider, forum, and/or third party neutral upon mutual written agreement. If there is no agreement, a court will do so.

(c) Attorney's Fees

In any arbitration arising out of or related to this Agreement, the arbitrator shall have the discretion to award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration, to the extent authorized by applicable law.

11.4 No Opt-Out

You agree to waive your right to opt-out and not be bound by these arbitration provisions. The App is a private service operated by MyQbit LLC, a privately-held company, and you agree there is no mandatory requirement that the Services be provided to you, and you acknowledge and agree that you are free to use other AI services operated by a myriad of other providers, many of whom may not have as stringent arbitration and/or class action provisions as we do. So in the event that you do not agree to these arbitration and/or class action provisions you agree that your sole and exclusive remedy is, quite simply, to not use Qbit.

11.6 Waiver of Right to Bring Class Action and Representative Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH AGREE THAT ANY PROCEEDING TO RESOLVE ANY DISPUTE, CLAIM, OR CONTROVERSY WILL BE BROUGHT AND CONDUCTED ONLY IN THE RESPECTIVE PARTY'S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING ("CLASS ACTION"). YOU AND THE COMPANY AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. YOU AND THE COMPANY EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. IF THE DISPUTE IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. FURTHER, YOU AND THE COMPANY AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON'S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. FOR THE AVOIDANCE OF DOUBT, HOWEVER, YOU CAN SEEK PUBLIC INJUNCTIVE RELIEF TO THE EXTENT AUTHORIZED BY LAW AND CONSISTENT WITH THE EXCEPTIONS CLAUSE ABOVE. IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES' AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. IF A COURT DECIDES THAT THE LIMITATIONS OF THIS PARAGRAPH ARE DEEMED INVALID OR UNENFORCEABLE, ANY PUTATIVE CLASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED OR REPRESENTATIVE ACTION MUST BE BROUGHT IN A COURT OF PROPER JURISDICTION AND NOT IN ARBITRATION.

12. Additional Provisions

12.1 Updating These Terms

We will modify this Terms of Service Agreement from time to time and, when we do so, will display the "Last Updated" date at the top of these Terms. It is your sole responsibility to regularly review these Terms to stay informed of the most current Agreement. The updated Terms will be effective as of the time of posting. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.

12.2 Termination of License and Your Account

If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If the Company deletes your account you may be prohibited from re-registering for the Services. In the event of Account deletion for any reason, the Company may, but is not obligated to, delete any of your Content. The Company shall not be obligated or responsible for the failure to delete or deletion of your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or you. Termination will not limit any of the Company's other rights or remedies at law or in equity.

12.3 Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

12.4 California Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

12.5 Miscellaneous; Assignment

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder, as well as your account and any or all of your Content may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of Nevada, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section 11, or if arbitration does not apply, then the state and federal courts located in Las Vegas, Nevada. You and the Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.

12.6 Language

It is expressly agreed that it is the will of both Qbit and you that this Agreement, as well as the Privacy Policy, have been drawn up in English.

12.7 Changes

Qbit has the right, at our sole discretion, and without necessity of notice, to modify either this Agreement and/or the Services at any time. The current Agreement governing your use of the Services can be found via the "Terms of Service" link in the footer on www.qbit.app so that you may review it. If any portion of the then-current Agreement is unacceptable to you then you agree to immediately discontinue your use of the Services; continued use of the Services means that you have accepted and are bound by this Agreement and any changes made hereto.

12.8 How to Contact Us

You may contact us regarding the Services or these Terms directly via the App or by writing to us at support@qbit.app.

12.9 Entire Agreement, Severability and Force Majeure

This Agreement, accepted upon use of the Services, contains the entire agreement between you and Qbit. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Furthermore, no party shall be responsible for any failure to perform due to unforeseen circumstances.