Terms & Conditions

Effective date: July 1st, 2024

Welcome to IQClass. Please review the rules and limits that govern your use of our websites, products, services, and applications (collectively, the "Services"). If you need help or have any queries about these terms or the Services, please reach out to us at:

Email: [email protected]
IQCLUB, INC. Address: 3540 Toringdon Way Ste 200 Unit #5087, Charlotte, NC 28277

These Terms of Use ("Terms") create a legally binding agreement between you and IQCLUB, INC. ("IQClass," "IQClub," "we," "us"). By using the Services in any manner, you agree to abide by these Terms, which remain effective as long as you use the Services. These Terms encompass this document, the Privacy Policy, and any other relevant policies. Additionally, your use of certain Services may be subject to further policies, rules, and/or conditions ("Additional Terms"), which are included by reference herein. You acknowledge and agree that by using such Services, you are also consenting to these Additional tant.

Please review these Terms attentively. They contain crucial information about the Services provided to you, including any charges, taxes, and fees we charge you. These Terms also cover details about future changes to these Terms, automatic renewals, limitations of liability, and the use of arbitration and a class action waiver for resolving disputes instead of court proceedings. PLEASE BE AWARE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE CONDITIONED UPON YOUR AGREEMENT TO THESE TERMS; IF YOU DO NOT FULLY ACCEPT THESE TERMS, YOU SHOULD NOT ACCESS OR USE THE SERVICES.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: With limited exceptions as described in the ARBITRATION AGREEMENT SECTION BELOW, you agree to settle disputes with us through binding, individual arbitration and you renounce any right to start or join a class-action lawsuit or class-wide arbitration.

Will these Terms ever change?

As we continuously work to enhance our Services, it is necessary that our Terms may also evolve. We retain the authority to update the Terms at any time. If changes occur, we will notify you by posting an announcement on our website at https://www.iqclass.com/, sending an email, or employing other communication methods.

If you do not consent to the revised Terms, you have the option to decline them; however, this will mean you can no longer access the Services. By continuing to use the Services after any changes take effect, you are accepting the modifications.

Other than the adjustments made by us as specified above, no alterations or modifications to these Terms will be binding unless they are in writing and signed by both you and us.

Understanding the Basics of IQClass Usage

You must create an account, choose a password and username ("IQClass User ID"), and submit certain personal information, such as your contact details. You are committed to supplying us with accurate, comprehensive, and up-to-date registration information about yourself. You cannot use a name that you do not have rights to or intend to impersonate someone else as your IQClass User ID. Your account cannot be transferred to someone else without our explicit written consent.

You might have the option to access specific parts or features of the Services by logging in through external service accounts ("Third Party Account"), such as those provided by Google, Facebook, and Clever. When you use the Services via a Third Party Account, you authorize us to retrieve certain information from that account for service usage. You maintain control over how much information we can access, and you can manage this by adjusting the privacy settings on your Third Party Account.

You confirm and guarantee that you either are at the legal age required to form a binding agreement, or you have secured permission from your parents or guardian to use the Services, with them agreeing to these Terms on your behalf. If you are accepting these Terms on behalf of an organization or entity, you affirm you are authorized to do so, binding that entity to these Terms, which will then refer to that entity or organization whenever "you" or "your" are mentioned.

The Services must only be used for personal, non-commercial purposes internally, and in compliance with all relevant laws. You must not use the Services if doing so would contravene any applicable laws. We will not be liable for any illegal use of the Services.

Your IQClass User ID, account, and password must remain confidential, and you are obliged to maintain the security of these credentials. You are responsible for any activity occurring under your IQClass User ID and account.

What about messaging?

As a feature of the Services, you will receive communications, including messages sent by IQClass (for example, via email or SMS), as part of using our Services. Upon registration, you'll get a welcome message and instructions on how to opt out of receiving future communications. You will also be able to adjust your communication preferences within your account after you sign up. By providing your wireless number during signup, you consent to IQClass sending you information that may be of interest to you, which may include the use of automated dialing technology to text the provided wireless number. Additionally, you agree to receive communications from IQClass, and you confirm that each individual registered for the Services or for whom you provide a wireless number has consented to receive communications from IQClass.

If you choose to receive SMS notifications directly to your mobile phone, the following conditions apply: a. Standard messaging rates from your mobile provider apply to both our confirmation SMS and any subsequent SMS communications. Message and data rates may vary based on your personal rate plan with your wireless carrier. Consult your carrier’s pricing plan to understand the costs associated with data usage and text messaging. IQClass is not responsible for any charges related to text messages or data usage that you or anyone with access to your phone or phone number might accrain. If your carrier does not support text alerts, you might not receive our text messages. Pre-paid phones or calling plans might be incompatible. You might receive a bounce-back message for every message you send to us. b. IQClass is not liable for delays in the delivery of any SMS messages as delivery is dependent on your network operator’s transmission capabilities. The SMS service is offered as-is. The data collected in connection with this SMS service may include your phone number, your provider's name, and the date, time, and content of your messages, which we will use solely to provide you with the requested services and will never share with third parties except as stated in our Privacy Policy.

You agree to defend, indemnify, and hold harmless IQClass from any claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) that arise from or are in any way related to your failure to comply with the above terms.

Are there restrictions in how I can use the Services?

You represent, warrant, and agree that you will not contribute any Content or User Submission (as defined below) or use or interact with the Services in a manner that:

a) infringes or violates the intellectual property rights or any other rights of anyone else (including IQClass);
b) violates any law or regulation, especially export control laws, privacy laws, or any other purpose not intended by IQClass;
c) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
d) compromises the security of your IQClass User ID, account, or anyone else’s (such as allowing someone else to log in to the Services as you);
e) tries in any way to obtain the password, account, or other security information from any other user;
f) breaches the security of any computer network, or cracks any passwords or security encryption codes;
g) operates Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged in, or otherwise impairs the functionality of the Services (including by placing an unreasonable load on the Services’ infrastructure);
h) “crawls,” “scrapes,” or “spiders” any page, data, or portion of or related to the Services or Content (through manual or automated means);
i) copies or stores any substantial portion of the Content; or
j) decompiles, reverse engineers, or tries in any other way to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the above restrictions is grounds for termination of your right to use or access the Services.

What are my rights in the Services?

The content available on or through the Services, which includes texts, graphics, data, articles, photographs, images, illustrations, and User Submissions (collectively referred to as the "Content"), is protected under copyright and/or other intellectual property laws. You agree to comply with all copyright notices, trademark regulations, and any other pertinent rules associated with the Content you obtain via the Services. Furthermore, you agree not to use, duplicate, alter, translate, publish, broadcast, distribute, perform, upload, display, license, sell, or commercially exploit any Content that you do not own, without (i) the prior consent of the Content’s owner, or (ii) in a manner that infringes on anyone’s (including IQClass's) rights.

Under these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use (i.e., to download and display locally) the Content solely for the purpose of utilizing the Services. Any other use, reproduction, alteration, distribution, or storage of the Content, other than for service usage, is strictly forbidden without our express written consent. Be aware that IQClass retains ownership of the Services. You are prohibited from modifying, publishing, transmitting, selling, or creating derivative works from the Services. Even though the Services might enable you to copy or download certain Content, all restrictions mentioned here are applicable.

Responsibility for Content and Use of Services

The content and information posted or transmitted through the Services are the exclusive responsibility of the originator. You use such information and content at your own risk and we are not responsible for any errors, omissions, or any damages or losses that may result. We have no control over, nor an obligation to act concerning, your interpretation or use of the content or any actions you might take from exposure to the content. You waive any claims against us regarding your acquisition or lack of acquisition of content through the Services.

You bear full responsibility for any content you provide to the Services and you confirm that you have all necessary rights to supply it.

The Services might contain links to third-party websites or services not under IQClass's control. By using these links, you acknowledge the inherent risk and agree IQClass isn’t accountable for those risks.

IQClass doesn't oversee, and can't be held responsible for, the content, accuracy, privacy policies, or practices of third-party websites or services. When leaving the Services, you are advised to review the terms and privacy policies of each third-party site or service you engage with. By using the Services, you release IQClass from liability associated with any third-party website or service.

Interactions with entities or individuals on or through the Services, including any transactions, are strictly between you and those entities or individuals. We advise conducting investigations as you deem necessary before engaging in transactions with these third parties. IQClass isn’t liable for any loss or damage from such interactions.

If a dispute arises between participants on this site, or between users and any third party, IQClass is not required to get involved. If you do have a dispute with one or more users, you release IQClass and its associates from any related claims, demands, and damages. You also waive rights under California Civil Code Section 1942 or similar laws regarding claims unknown at the time of releasing a party from liability.

Will IQClass ever modify the Services?

We constantly strive to enhance our Services, which means they can change periodically. We might suspend or end parts of the Services, or we might introduce new features or apply limits on certain existing ones or restrict access to some or all of the services. If there’s a major change to the Services that negatively impacts you, we will do our best to inform you beforehand. We also maintain the authority to remove any Content from the Services at any time, for any reason (including, but not restricted to, if someone claims that you posted that content in breach of these Terms), at our absolute discretion, and without prior notice.

What if I decide to stop using the Services?

You can discontinue using our Services anytime by reaching out to us at [email protected]; please see our Privacy Policy and the specified licenses to understand how we manage the information you've provided after your service termination.

IQClass reserves the right to terminate or suspend your access to the Services or your account for any reason at our discretion, including if you violate these Terms. The determination of whether you have breached these Terms is solely at IQClass's discretion.

Be aware that terminating your account may lead to the deletion of any content tied to your account, so consider this action carefully.

If you accidentally delete your account, please contact us immediately at [email protected]. We will attempt to assist you, but we cannot guarantee the recovery or restoration of any data.

Certain conditions are designed to persist even after these Terms end. For instance, any responsibilities you have for payments or indemnifications to us, limits on our liability, intellectual property rights, and the provisions dealing with disputes between us, including the arbitration agreement, will remain in effect post-termination.

What about Mobile Applications and In-App Purchases?

You acknowledge and agree that the availability of our mobile application depends on third-party app stores from which the app is downloaded, such as Apple's App Store or Google's Android App Market. Each of these stores has its own terms and conditions, which you must accept prior to downloading any application. Notably, there are specific conditions related to the Apple App Store outlined below. Your use of our app is contingent upon your adherence to these terms and conditions of the respective App Store. If there's a discrepancy between the App Store’s terms and the terms of these Terms of Use that are less restrictive or conflicting, the more stringent or conflicting terms in these Terms of Use will prevail.

You may also make purchases within our mobile applications (“In-App Purchase”) to acquire goods or features that enhance the performance of the Services. Any In-App Purchase is conducted via either the Apple iTunes service or the Google Play service, thus subjecting you to their respective Terms and Conditions, which can be viewed at http://www.apple.com/legal/internet-services/itunes/us/terms.html and http://play.google.com/intl/en_us/about/play-terms.html. Please note that IQClass is not involved in any transactions related to In-App Purchases.

Using the IQClass App from the Apple App Store – What should I be aware of?

These Terms govern your use of all Services, including the iOS applications ("Application") accessed through the Apple Inc. ("Apple") AppIe Store. However, there are additional stipulations specifically for the Application:

a) You and IQClass agree that these Terms are only between you and IQClass, not with Apple, and Apple is not responsible for the Application or its content;
b) The Application is provided to you with a limited, non-exclusive, non-transferable, non-sublicensable license, only for personal, non-commercial use in association with the Services, and adhering to the Terms relevant to the Services;
c) You agree to use the Application solely on an Apple device that you own or control;
d) You recognize that Apple has no responsibility to provide any maintenance or support services regarding the Application;
e) Should the Application not meet any relevant warranties, you can notify Apple, and they will refund the purchase price, if any;
f) Any claims related to the Application made by you or a third party are to be handled by IQClass, not Apple;
g) If a third party claims that the Application infringes on their intellectual property rights, IQClass, not Apple, will manage the defense and resolution of these infringement claims;
h) You declare that you are not in a country under U.S. embargo or labeled as a "terrorist supporting" country by the U.S. government, nor are you on any U.S. government list of banned or restricted parties;
i) You and IQClass understand that your use of the Application must comply with relevant third-party agreements that might be influenced by your usage;
j) Both you and IQClass recognize that Apple and its subsidiaries are third-party beneficiaries of these Terms, and that Apple will acquire rights to enforce these Terms as a third-party beneficiary upon your acceptance.

Can I refer other users?

IQClass occasionally offers rewards or incentives for referring new users to our Services. Specific details about these offers can be found on our website.

Additional Information You Should Know

Warranty Disclaimer. IQClass and its related entities including licensors, suppliers, partners, affiliates, and their respective personnel (collectively referred to as the “IQSpawn Parties”) do not make any claims, warranties, or representations about the Services, including but not limited to the content accessed through the Services. The IQClass Parties are not liable for the accuracy, copyright compliance, legal compliance, or decency of material within or obtained through the Services. Furthermore, no responsibility is assumed for any legal issues, expenses, damages, or other liabilities that might arise from your use of, or participation in, the Services. The IQClass Parties also do not guarantee or make any representations regarding the efficacy, reliability or quality of any service or product recommended or offered through the Services. The Services and all associated content are provided by IQClass and its licensors and suppliers on an "AS-IS" basis with no warranties of any kind, whether express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. There is no guarantee that the services will be uninterrupted or error-free. Please note that some jurisdictions may not allow limitations on the duration of an implied warranty, so these restrictions may not apply to you.

Limitation of Liability.

Limitation of Liability. To the maximum extent permissible by law, in no event and under no legal framework (including, but not limited to, negligence, contract, absolute liability, or other) shall any parties from IQClass be held liable to you or any other entity for (A) any indirect, special, incidental, punitive, or consequential damages, including, but not limited to, loss of profits, business disruption, data loss, loss of goodwill, interruptions of work, inaccuracy of results, or failures or malfunctions of computers, (B) any replacement goods, services, or technology, (C) any sum exceeding the larger of (I) one hundred dollars ($100) or (II) the amounts you have paid or are payable to IQClass relating to the services during the twelve (12) month period prior to the claim in question, or (D) any circumstances beyond our reasonable control. Please note that some states do not permit the exclusion or limitation of incidental or consequential damages or other types of damages, hence some of these limitations may not apply to you.

Indemnity

You agree to defend, indemnify, and hold the IQClass Parties harmless to the maximum extent permitted by law from all liabilities, claims, damages, losses, and expenses, including legal fees, that arise from or relate to your use of the Services or your breach of these Terms. This includes any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees. If a claim is made, we will attempt to notify you using the contact information you provided on your account. However, your obligation to indemnify us will remain, even if we cannot reach you or if you do not receive our notification.

Assignment

You are not permitted to assign, delegate, or transfer these Terms or your associated rights or obligations, or your Services account, by any method (whether by law or otherwise) without prior written consent from IQClass. We retain the right to transfer, assign, or delegate these Terms along with our rights and obligations without requiring any consent.

Choice of Law: These Terms shall be governed and interpreted according to the Federal Arbitration Act, relevant federal law, and the laws of the State of California, without reference to its conflict of law principles.

Arbitration Agreement

Arbitration Agreement: It's important that you read the ARBITRATION AGREEMENT below attentively because it obliges you to resolve certain disputes and claims through arbitration with IQClass, and it also restricts the ways in which you can obtain relief from IQClass. Both parties, you and IQClass, recognize and concur that concerning any dispute stemming from or related to these Terms, IQClass’s officers, directors, employees, and independent contractors (“Personnel”) are considered third-party beneficiaries. By agreeing to these Terms, you acknowledge that Personnel possess the right (and are considered to have agreed to the right) to enforce these Terms against you as a third-party beneficiary.

Miscellaneous.

You are responsible for managing and fulfilling all taxes, duties, and governmental assessments associated with your use of the Services. IQClass reserves the right, at its discretion, to handle these responsibilities on your behalf or for itself. Not exercising a right under these terms does not waive the ability to enforce that right in the future. Should any part of these Terms be deemed invalid or unenforceable, it will be modified to the minimum extent necessary so that the remainder of these Terms will continue to be valid and enforceable. These Terms represent the full and exclusive agreement between you and IQClass, superseding all prior agreements, communications, and understandings regarding the same subject matter. You acknowledge that you are not an employee, agent, partner, or joint venture of IQClass, nor do you have any authority to bind the company in any respect.

Apart from explicit provisions regarding the Apple Application and the arbitration agreement, these Terms do not confer any benefits on third-party beneficiaries.