Terms of Service

Acceptance of the Terms of Service.
1. This Terms of Service ("Terms of Service," or "Terms") are entered into by and between you and nQuest Corporation ("Company"). These Terms govern your access to and use of https://nquest.io, including any content, functionality, and services ("Services") offered on or through https://nquest.io, its' associated Application Programming Interfaces (the "Website"), or the nQuest Desktop App ("Desktop App"), whether as a registered member of the Services ("Member") or as a guest.
  
  For purposes of these Terms, “Software” means the nQuest desktop application, browser extension, and updates supplied by Company. References to the “Services” in these Terms include the Software, hosted services, and Company-provided APIs and integrations. “Authorized Users” means individuals you authorize to access your account through their own login credentials, within your purchased plan and assigned permissions. Where you accept these Terms on behalf of a Subscribing Entity, references to “you” include that entity.
2. Please read these Terms carefully before you start to use the Website or Services. By virtue of you using the Website or Services, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://www.nquest.io/legal?tab=privacy-policy ("Privacy Policy"), incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website or Service.
3. The Website and Services are offered and available to users who are 18 years of age or older, subject to the geographic availability described in Section 17. Subscriptions are offered solely for professional, business, or organizational use, and not for personal, family, or household use. By using the Website or Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or Services.
License. Subject to and conditioned on your payment of fees (if any) and compliance with all terms and conditions of these Terms, Company hereby grants you and your Authorized Users a limited, non-exclusive, non-sublicensable, non-transferable license during the Term to install and use the Software on devices you control and to access the Services within your purchased plan. Permitted use is limited to professional, business, or organizational purposes, including your internal business activities, lawful investigative services performed for clients, and delivery of your reports and exported User Data to authorized recipients. These permissions do not authorize resale of the Services or sharing login credentials. You are responsible for your Authorized Users’ compliance with these Terms and for maintaining appropriate account and case permissions.

You may use Company-provided APIs and integrations in accordance with the applicable documentation, access permissions, and published technical limits. You must not circumvent access controls or usage limits. Company may require installation of updates reasonably necessary for security or continued compatibility, with notice where practicable. Third-party and open-source components remain subject to their applicable licenses; nothing in these Terms restricts rights granted under those licenses or rights that applicable law does not permit Company to restrict.
Commercial Use of Service. If you are using and/or accessing the Website or Service on behalf of a company, entity, or organization ("Subscribing Entity"), you represent and warrant that: (i) you are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the Subscribing Entity.
Restrictions. You shall not use the Website or Service for any purposes beyond the scope of the access granted in these Terms. Except as these Terms or applicable third-party licenses expressly permit, you shall not at any time, directly or indirectly: (i) copy, modify, or create derivative works of the Website or Service, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Website or Service; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Website or Service, in whole or in part; (iv) remove any proprietary notices from the Website or Service; (v) use the Website or Service in a manner that compromises the integrity or security of Website or the confidentiality of other users of the Website or Service; (vi) use the Website or Service in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; (vii) collect usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email; (viii) unauthorized framing of or linking to the Service or Website; (ix) sharing or disclosing your username or password to any third party or permitting any third party to access your account; (x) attempting to impersonate another user or person; (xi) use of the Service or Website in any fraudulent or misleading manner; (xii) automated access to the Services other than through Company-provided or Company-authorized interfaces, or automated access that bypasses access controls, exceeds applicable usage limits, extracts other customers’ data, or materially interferes with the Services; (xiii) interfering with, disrupting, or creating an undue burden on the Service or Website or the networks or services connected to any of the foregoing; and (xiv) using the Service or Website in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Service or Website may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the permission of Company, which may be revoked at any time, for any reason, in Company's sole discretion.
Modification of the Terms. The Company may revise and update these Terms from time to time in Company's sole discretion. All changes are effective immediately when Company posts them, and apply to all access to and use of the Website or Service thereafter. If you've registered an account with Company, the Company will notify you when it makes any changes to these Terms.
Accessing the Website and Account Security.
1. Website/Service Availability. Company reserves the right to withdraw or modify the Website or Service, and any service or material Company provides on the Website or Service, in Company's sole discretion. Company will not be liable if for any reason all or any part of the Website or Service is unavailable at any time or for any period. From time to time, Company may restrict user access, including registered user access, to some parts of the Website or Service, or the entire Website or Service.
2. Your Obligations. You are responsible for: (i) ensuring that all persons who access the Website or Service through your internet connection are aware of these Terms and comply with them; (ii) immediately notify Company upon becoming aware of any actual or threatened unauthorized use of or access to the Website, Service or any User Data; (iii) taking all steps necessary to terminate or mitigate such actual or threatened unauthorized use upon becoming aware; and (iv) reasonably cooperating with Company and provide reasonable assistance related to any such unauthorized use as Company may reasonably request.
3. Security. To access the Website, Service, or some of the resources offered therein, you may be asked to provide certain registration details, such as username, password, or other information. You agree that all information you provide to register with the Website or Service or otherwise, including, but not limited to, through the use of any interactive features on the Website or Service, is governed by Company's Privacy Policy https://static.nquest.io/legal/privacy_policy.html, and you consent to all actions Company takes with respect to your information consistent with Company's Privacy Policy. If you choose, or are provided with, a username, password, or any other piece of information as part of Company's security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website, Service, or portions of either using your username, password, or other security information. You agree to notify Company immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. The Company has the right to disable any username, password, or other identifier, whether chosen by you or provided by Company, at any time in Company's sole discretion for any or no reason, including if, in Company's opinion, you have violated any provision of these Terms.
Intellectual Property Rights.
1. The Website and Service. Subject to Section 7.2, the Website, Service, and the entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) therein are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2. User Data. As between you and Company, you retain your rights in User Data and do not transfer ownership of it to Company. This does not transfer to you rights belonging to third parties. Company retains ownership of its Software, Services, models, templates, and other technology. To the extent Company has transferable rights in reports, answers, and other output generated specifically from your User Data through the Services and delivered or made available to you, Company assigns those rights to you. No assurance is made that AI-generated output is eligible for intellectual property protection or exclusive to you. The limited processing permissions in Section 9 do not grant Company ownership of User Data.
Confidentiality.
1. Definition. The term "Confidential Information" means non-public technical, business or financial information and materials disclosed by you or Company to the other party, whether orally or in writing, that is designated or identified as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances surrounding the disclosure. User Data constitutes User Confidential Information. Notwithstanding the foregoing, the content of the Website or Service, and any associated pricing, documentation, product roadmaps, business and marketing plans, and any information related to the foregoing constitutes the Confidential Information of Company. Confidential Information shall not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to disclosing party; (ii) was known to the receiving party prior to its disclosure by the disclosing party without restriction on use or disclosure;(iii) was independently developed by the receiving party without breach of any obligation owed to disclosing party; or (iv) is rightfully received from a third party without restriction on use or disclosure.
2. Obligations. Both Parties agree to keep the other party's Confidential Information in confidence and protect such Confidential Information from disclosure to any third party, other than as expressly set forth in these Terms and to limit access to the other party's Confidential Information to such of its personnel, agents, subcontractors, suppliers and/or consultants ("Representatives"), if any, who have a need to access such information in accordance with the terms of this Agreement, provided that each party shall remain directly liable to the other party for any act or omission of its Representatives that would be a breach of these Terms if the act or omission was performed by the associated party. Each party agrees that to only use the other party's Confidential Information in furtherance of these Terms, and for no other reason. Upon expiration or termination, each party will cease using and return or destroy the other party’s Confidential Information, except for export, retention, and limited use of User Data permitted by Section 11.2.3 and copies reasonably required by law or to establish, exercise, or defend legal claims. Retained information remains protected under this Section and may not be used for another purpose. Company may also use and disclose User Data to the limited extent reasonably necessary to establish, exercise, or defend legal claims, subject to applicable law and reasonable confidentiality protections.
3. Compelled Disclosures. Notwithstanding the foregoing, Company reserves the right to disclose Confidential Information in response to an order of a court or other governmental body of competent authority or as otherwise required by law or regulation to be disclosed ("Compelled Disclosure"), provided that, Company will use reasonable efforts to provide you with prior notice (to the extent legally permitted) in order to afford you an opportunity to seek a protective order or otherwise challenge the Compelled Disclosure. You are responsible for any expenses incurred in seeking to prevent a Compelled Disclosure. After provision of such prior notice, Company will not be liable if Company complies with the disclosure after giving you a reasonable amount of time to respond.
User Data.
1. User Data and instructions. “User Data” means case records, documents, images, captures, notes, queries, and other content submitted to the Services by you or your Authorized Users, together with case-specific output generated from that content. You grant Company and its service providers a non-exclusive, worldwide, royalty-free license to host, copy, transmit, index, analyze, and otherwise process User Data only as necessary to provide the Services to you, maintain their security, resolve support requests, establish, exercise, or defend legal claims as permitted by Section 8.2, and comply with applicable law. This includes the AI processing described in Section 9.3. The license continues only while User Data is retained as permitted by Section 11.2.3. Your acceptance of these Terms, account configuration, and use of documented features constitute your instructions for this processing. Additional instructions must be lawful, within the Services’ supported functionality, and agreed by Company if they require additional work.
2. Your responsibilities. You represent that you have the rights, authorizations, and other lawful basis necessary to collect, submit, and direct the processing and disclosure of User Data, including processing by Company’s service providers. You are responsible for legally required notices, permissions, client obligations, preservation requirements, and your Authorized Users’ access. You are also responsible for the legality and accuracy of your investigative conclusions and any reports you deliver. You must not submit data requiring a specialized regulatory agreement or control that Company has not agreed in writing to provide, including protected health information for which a business associate agreement is required or classified information. Company does not undertake to determine whether your collection or intended use of a record is lawful.
3. AI features and connected services. The Services may use Company-selected external AI providers to process relevant User Data for document and image analysis, indexing, search, case summaries, answers, and report drafts. Background analysis may occur as supported material is added or changed; avoiding the question or report features does not necessarily prevent that processing. You must obtain Company’s written confirmation of any required processing restriction before submitting affected material. Company may engage providers under Section 9.6; it will not use User Data, or authorize those providers to use User Data, to train models. Task-related indexing and analysis used to provide the Services to you are permitted processing under Section 9.1.
  
  If you choose to connect an external assistant or another third-party service, you instruct Company to transmit the User Data accessible through that connection under your permissions. The selected service’s terms and settings govern its handling of material it receives. Revocation prevents future access as existing access credentials expire; it does not retrieve information already transmitted. Company is responsible for its own performance of the connection, but does not control that selected service’s independent processing. Before enabling a connection, you are responsible for confirming that it meets your client and data-handling obligations.
4. Security and incidents. Company will maintain reasonable administrative, technical, and physical safeguards appropriate to the nature of User Data to protect it against unauthorized access, use, alteration, or disclosure. Company does not guarantee that all security incidents can be prevented. A “Security Incident” means unauthorized access to or acquisition, disclosure, alteration, or destruction of User Data in Company’s or its service providers’ custody, or loss of that data caused by a security breach. Unsuccessful attempts that do not compromise User Data, such as blocked scans or failed login attempts, are not Security Incidents.
  
  Company will notify your designated account contact without undue delay after becoming aware of a Security Incident affecting your User Data, and in any event within any applicable legal deadline. Company will provide information reasonably available to it about the incident, mitigation, and recommended customer actions, and may provide updates as investigation proceeds. Each party will reasonably cooperate in investigation and mitigation. Notification is not an admission of fault. Each party remains responsible for its own legally required notifications. Company may share necessary information with incident-response providers, professional advisers, insurers, and authorities where required by law or reasonably necessary to respond to the incident, subject to appropriate confidentiality restrictions where available. This subsection does not create an indemnity or alter Section 19.
5. Personal information and permitted purposes. Where Company processes personal information in User Data on your behalf, you determine the purposes of that processing, and Company acts as your service provider or processor to the extent provided by applicable law. The specific purposes are hosting and organizing case material; extraction, search, indexing, and task-related AI analysis; access management and collaboration; report generation and export; customer-directed integrations; backup and recovery; support and troubleshooting; and protection of the Services and User Data. Company will comply with applicable United States privacy-law obligations in that role. Account, billing, and operational information processed for Company’s own relationship with you is addressed in the Privacy Policy; this does not authorize treating case content as unrestricted operational information.
  
  For personal information subject to California service-provider or contractor requirements, Company will not sell or share that information as those terms are defined by applicable law; retain, use, or disclose it for purposes other than the specific purposes stated above or as otherwise permitted by law; retain, use, or disclose it outside its direct business relationship with you except as permitted by law; or combine it with personal information received from another person or collected through Company’s own interaction with an individual except as permitted by law. Company will provide the level of privacy protection required by applicable law, including cooperation with your applicable obligations. Company understands and will comply with these restrictions. Model training is not an authorized processing purpose under this subsection.
6. Service providers. You authorize Company to engage service providers to carry out the processing described in these Terms. Company will engage service providers under written terms, which may include the provider’s standard service terms and applicable data-processing addenda, that satisfy applicable legal requirements for processing User Data. On reasonable request, Company will provide information about relevant providers and processing arrangements, which may include links to available provider documentation. Company remains responsible for their performance of its contractual obligations. A service that you independently select and connect under Section 9.3 is not a Company-selected service provider solely because you connect it.
7. Assistance and verification. Company will reasonably assist you, taking account of the nature of the processing and information available to Company, with applicable requests to access, correct, delete, or otherwise exercise privacy rights in User Data. Company may refer requests it receives concerning your User Data to you unless law requires otherwise. Where applicable privacy law requires, you may take reasonable and appropriate steps to verify Company’s compliance and to stop and remediate unauthorized use. Company will provide relevant information and reasonable cooperation, using available reports or documentation where adequate and preserving the confidentiality and security of other customers and systems. These safeguards do not restrict verification rights that applicable law requires. Company will notify you if it determines it can no longer meet its applicable privacy obligations and will cooperate in reasonable remediation. Assistance beyond legal requirements or standard features may be subject to a separately agreed fee. Deletion and return are governed by Section 11.2.3.
Website/Service Monitoring. Company does not undertake to review all material before it is posted on the Website or Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Company shall assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Company shall have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. However, Company reserves the right to:
1. remove or refuse to post any User Data for any or no reason in Company's sole discretion;
2. take any action with respect to any User Data that Company deem necessary or appropriate in Company's sole discretion, including if Company believes that such User Data violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or Service or the public, or could create liability for the Company;
3. Rights complaints. Company may investigate complaints that User Data or use of the Services violates another person’s rights and may take action under this Section. A complaint alone does not authorize disclosure of your identity or confidential case material to the complainant. Company may disclose such information with your authorization, as permitted for legal claims under Section 8.2, as required under Section 8.3, or to the minimum extent reasonably necessary to address a credible imminent threat to life or physical safety. Where legally permitted and practicable, Company will notify you before disclosure.
4. take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or Service;
5. terminate or suspend your access to all or part of the Website or Service for any or no reason, including without limitation, any violation of these Terms; and
6. Legal process. Company may cooperate with lawful investigations and respond to binding legal process. Disclosures of Confidential Information are subject to Section 8; emergency disclosures are subject to Section 10.3. Taking action under this Section does not create an obligation to monitor all User Data or waive either party’s rights under Section 19. Company may refer suspected unlawful conduct to appropriate authorities without disclosing confidential case material beyond what these Terms or applicable law permit.
Term and Termination.
1. Term. These Terms will remain in effect until terminated by either you or Company as set out below ("Term").
2. Termination.
  1. Material Breach/Bankruptcy. Either party may terminate these Terms for cause (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
  2. If these Terms are terminated by you for cause in accordance with Section 11.2.1, you shall be entitled to a refund of any prepaid fees covering the remainder of the term after the effective date of termination. If this Agreement is terminated by Company in accordance with the Section 11.2.1, you will pay any unpaid fees covering the remainder of the term. In no event will termination relieve you of your obligation to pay any fees payable to Company for the Term.
  3. Export and Destruction of User Data. During your subscription or authorized trial and for 30 days after it ends without continuation under a subscription or authorized trial (or after earlier termination of your account), Company will make User Data available for export by reasonable means, subject to applicable access permissions and legal and security restrictions. Where direct access is restricted, Company will provide another reasonable secure means of export where legally permitted and reasonably practicable. Export access does not renew your subscription or authorize continued ordinary use of the Services. For a cancellation, the 30-day period begins when cancellation takes effect. Keeping an inactive account does not extend the export period.
    
    After the export period. After the export period ends, Company may delete any or all User Data at any time and has no obligation to retain it or continue making it available for export, subject to applicable law.
    
    Account deletion requests. Company will delete User Data from its active systems within 50 days after receiving an account deletion request from you or an authorized administrator of your account. An account deletion request authorizes deletion before the export period ends; that export period does not extend the 50-day deadline.
    
    Backups and permitted retention. Residual backup copies may be retained for up to one additional year after deletion from active systems. Company may retain a limited copy longer where required by law or reasonably necessary to establish, exercise, or defend legal claims. User Data retained under this Section after expiration or termination remains subject to the confidentiality and data-protection obligations in these Terms and may be used only to provide export and related support during the export period, for security or recovery, or for the permitted legal-retention purpose. Retention does not authorize renewed ordinary use of deleted User Data. Any earlier deletion or shorter retention period required by applicable law controls.
    
    You are responsible for requesting or completing export before the export period ends and maintaining independent copies sufficient for your recordkeeping and evidence-preservation obligations. Company does not provide an evidence archive or guarantee recovery of deleted data. Company may delete User Data earlier at your instruction or as required by applicable law.
  4. Survival. Provisions concerning accrued payment obligations, ownership and retained-data processing permissions, confidentiality, customer responsibility for User Data and outputs, export and deletion, warranty disclaimers, limitations of liability, indemnification, governing law and jurisdiction, notices, and other provisions that by their nature are intended to continue will survive expiration or termination. Security and processing obligations continue while Company retains User Data. This survival provision does not extend a license to continue ordinary use of the Services after termination.
Membership; Pricing; Charges on Your Account.
1. General. The plan, fees, billing period, trial period, and payment timing disclosed when you subscribe or in your applicable order form are part of these Terms. The Refund Policy at https://nquest.io/legal/refund/ is incorporated for cancellation and refund matters. You are responsible for applicable taxes on your purchase, excluding taxes on Company’s net income. Recurring charges are due on the disclosed billing date. Invoice payments are due as specified in the applicable order or invoice. A conflicting billing term is resolved under Section 24.
2. Billing. Company bills you through an online account ("Billing Account") for use of the Service. You agree to pay all charges at the prices applicable to your subscription under Sections 12.1 and 12.5 for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Company to charge your chosen payment provider ("Payment Method") for the Service. You agree to make payment using that selected payment method.
3. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
4. Accurate Information Required. YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY COMPANY IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD. IF YOU FAIL TO PROVIDE COMPANY ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT COMPANY MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE.
5. Subscription changes and cancellation. A subscription renews for the billing period disclosed at purchase unless canceled before renewal. If you have authorized conversion of a free trial to a paid subscription, billing begins at the end of the disclosed trial unless you cancel before it ends. You may cancel using the billing portal or cancellation link described in the Refund Policy; contact support@nquest.io if those methods are unavailable. Cancellation takes effect at the end of the current paid period unless otherwise required by these Terms, the Refund Policy, or law. Fees for added seats, plan changes, and any proration will be disclosed before you confirm the change. Company may increase your recurring subscription price for a future renewal by giving advance notice and an opportunity to cancel before the increase takes effect, subject to any notice period or other requirements imposed by applicable law. Company may suspend access for nonpayment, subject to any notice or other requirements imposed by applicable law. Notices under this Section may be provided by Company or its payment processor. Cancellation does not eliminate charges already incurred.
Third-Party Content. Company may provide third-party content on the Service or Website and may provide links to webpages and content of third parties (collectively, "Third-Party Content"). Company does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Company is not responsible for any Third-Party Content on the Service. Users use such Third-Party Content at their own risk.
Reliance on Information Posted. The information presented on or through the Website or Service is made available solely for general information purposes. Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or Service, or by anyone who may be informed of any of its contents. The Website and Service may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. Company is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

AI output and investigative responsibility. AI-generated output may be inaccurate, incomplete, biased, or unsupported even when it includes source references. Before relying on or delivering output, you must review the underlying material, verify material factual statements and references, and exercise appropriate professional judgment. Company does not provide legal advice or make investigative, employment, disciplinary, or other consequential decisions for you. You are responsible for lawful use of the Services and outputs and for preserving original records and documenting provenance as your work requires. Captures, timestamps, source references, and generated reports do not guarantee evidentiary admissibility, completeness of a collection, or the outcome of an investigation. These provisions do not excuse Company from its express contractual obligations.
Changes to the Website/Service. The Company may update the content on the Website or Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website or Service may be out of date at any given time, and Company is under no obligation to update such material.
Information About You and Your Visits to the Website. All information Company collects on the Website or Service is subject to Company's Privacy Policy. By using the Website or Service, you consent to all actions taken by Company with respect to your information in compliance with the Privacy Policy.
Geographic Restrictions. The owner of the Website or Service is based in the State of California in the United States. Company may make the Website and Services available in other jurisdictions. Availability and features may vary by jurisdiction, and Company may restrict access where necessary to comply with applicable law. Company does not represent that the Website, Services, or their content are available or appropriate in every jurisdiction. You are responsible for complying with laws applicable to your access to and use of the Website and Services, including obtaining any licenses or authorizations required for your activities. Nothing in this Section limits Company’s obligations under applicable law or any rights that cannot lawfully be excluded.

The Services are not offered to customers established or ordinarily resident in the European Economic Area (EEA) or the United Kingdom. You must not register for or purchase the Services on behalf of such a customer without Company’s prior written approval.
Disclaimer of Warranties. You understand that Company cannot and does not guarantee or warrant that files available for downloading from the internet or the Website or Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Company's Website for Service or any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT COMPANY'S WEBSITE, SERVICE, OR THE SERVER THAT MAKES EITHER AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The disclaimers in this Section do not negate Company’s express obligations under these Terms, including its stated security, confidentiality, incident-notification, and data-processing obligations. The express obligations are reasonable measures and do not guarantee uninterrupted operation or prevention of every incident. No additional commitment is created by this clarification. Nothing in these Terms excludes rights or remedies that applicable law does not permit the parties to exclude.
Limitation on Liability.
1. Exclusion of damages. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
2. Fallback aggregate liability cap. IF ANY LIABILITY IS NOT EXCLUDED BY SECTION 19.1 OR ANOTHER PROVISION OF THESE TERMS, THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SUBJECT TO SECTION 19.3, THE TOTAL AGGREGATE LIABILITY OF COMPANY, ITS AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU FOR THE AFFECTED ACCOUNT’S SERVICES DURING THE 12 MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM. FOR ACCESS PROVIDED ENTIRELY WITHOUT CHARGE, THE TOTAL AGGREGATE CAP IS US $100. THE CAP APPLIES COLLECTIVELY TO ALL CLAIMS, CLAIMANTS USING THAT ACCOUNT, AND LEGAL THEORIES; IT IS NOT A SEPARATE CAP FOR EACH EVENT OR CLAIM. IT APPLIES TO CONTRACTUAL CONFIDENTIALITY, SECURITY, INCIDENT-NOTIFICATION, AND DATA-PROCESSING CLAIMS UNLESS SECTION 19.3 REQUIRES OTHERWISE. IT APPLIES EVEN IF ANOTHER EXCLUSION OR REMEDY IS HELD INAPPLICABLE OR FAILS OF ITS ESSENTIAL PURPOSE, TO THE EXTENT PERMITTED BY LAW.
3. Exceptions and statutory rights. Nothing in this Section excludes or limits liability that applicable law does not permit Company to exclude or limit. The exclusion and fallback cap do not limit Company’s express obligation to refund unused prepaid fees where these Terms or the incorporated Refund Policy require it. No exclusion or cap binds a regulator or an independent third party who is not bound by these Terms, or waives nonwaivable statutory rights.
Indemnification.
1. Customer indemnification. You will defend Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns against third-party claims alleging facts that, if true, would establish: (a) that User Data or your collection, submission, disclosure, or directed processing of that data infringes a third party’s rights or violates applicable law; (b) your or your Authorized Users’ material breach of these Terms or unlawful use of the Services; or (c) that your delivery or use of investigative conclusions or reports violates third-party rights or applicable law. You will indemnify those parties for damages and reasonable costs, including reasonable attorneys’ fees, finally awarded against them or agreed in a settlement approved under Section 20.2. These obligations do not apply to the extent the claim results from Company’s breach of these Terms, fraud, gross negligence, or willful misconduct. This provision does not create an obligation for Company to indemnify you.
2. Procedure. Company will give you reasonably prompt written notice of a covered claim. Delay in notice relieves you of an obligation only to the extent the delay materially prejudices the defense. You will assume the defense with competent counsel reasonably acceptable to Company and keep Company reasonably informed. Company will provide reasonable cooperation at your expense and may participate with its own counsel at its own expense, except that you will pay reasonable separate-counsel costs where a material conflict makes separate representation necessary. You may not settle a claim without Company’s written consent if the settlement admits fault by an indemnified party, imposes a nonmonetary obligation on that party, or does not fully release it from the covered claim. If you fail to undertake a timely defense, Company may defend the claim and recover reasonable covered defense costs. These procedures do not authorize either party to disclose User Data beyond the permissions in these Terms.
Governing Law and Jurisdiction. All matters relating to the Website, Service, and/or these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms, Service, or the Website shall be instituted exclusively in the federal or state courts located in the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms.
Waiver and Severability. No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement. These Terms, the incorporated Privacy Policy and Refund Policy, the plan and billing terms accepted at purchase, and any written order or separate agreement executed by you and Company constitute the sole and entire agreement between you and Company concerning the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, concerning the Services, except for the documents expressly included in this agreement. A separately executed agreement controls for the Services it covers to the extent of an express conflict. Otherwise, the accepted purchase terms control plan, price, trial, and billing-period matters; the Refund Policy controls cancellation and refund procedures; and these Terms control other contractual matters. The Privacy Policy describes Company’s handling of account and other personal information within its scope and does not expand the processing permissions for User Data in Section 9. No purchase order or other unilateral document changes this agreement without Company’s written acceptance.
DMCA - Copyright Infringement Notification. The Website and Service is operated by nQuest Corporation, 3001 Bishop Drive, Ste 300, San Ramon, CA 94583. Company has registered as an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protection of the safe harbors in the Act. Company reserves the right to remove any User Data that allegedly infringes another person's copyright. Company will terminate, in appropriate circumstances, access to the Website or Service to repeat infringers of any other person's copyright. Notices to Company regarding any alleged copyright infringement should be directed to: support@nquest.io. You are required to include an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website or Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
Notices.

Legal notices to Company under these Terms must be sent to support@nquest.io with the subject “Terms of Service Notice” or delivered to nQuest Corporation, 3001 Bishop Drive, Suite 300, San Ramon, CA 94583, Attention: Legal Notices. Company may give notices to the email address designated for your account; you must keep that address current. Email notices take effect when received, and an automated acknowledgment may evidence receipt. Ordinary subscription cancellation follows Section 12.5 and does not require a separate legal notice. These notice provisions do not replace methods of service of legal process required by law.