TERMS AND CONDITIONS

Updated on May 24, 2023

ACCEPTANCE OF OUR LEGAL GUIDELINES

YouQ Enterprises Pty Ltd, also known as YouQ AI (’YouQ’, 'Our Company', 'we', 'us', 'our'), is a legally registered company in Australia.

We manage the website https://youq.ai ('Our Site'), and any other associated products and services that are linked to these legal guidelines ('Legal Guidelines') (altogether, the 'Services').

You can contact us via email at support@youq.ai.

These Legal Guidelines are a legally binding contract between you, whether individually or as an entity ('you'), and YouQ Enterprises Pty Ltd, concerning your usage and access of the Services. By accessing the Services, you affirm that you have read, comprehended, and consented to abide by all these Legal Guidelines. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL GUIDELINES, THEN YOU ARE SPECIFICALLY PREVENTED FROM UTILIZING THE SERVICES AND YOU MUST CEASE USAGE IMMEDIATELY.

We will send you an advance notice of any planned alterations to the Services you are using. The revised Legal Guidelines will come into effect upon publishing or notifying you at support@youq.ai, as stated in the email message. By continuing to use the Services after the implementation date of any modifications, you consent to be obligated by the revised terms.

The Services are designed for users who are at least 18 years old. Individuals under the age of 18 are not permitted to register for or use the Services.

We suggest that you keep a printed copy of these Legal Guidelines for your reference.

1. OUR SERVICES

The details offered when using the Services are not intended to be shared with or used by any person or entity in any jurisdiction or country where such sharing or usage would be against the law or regulation or would subject us to any registration requirement within such jurisdiction or country. Thus, those individuals who opt to access the Services from other locations do so on their own decision and are solely liable for adherence to local laws, if and to the extent local laws are relevant.

The Services are not customized to comply with sector-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subject to such laws, you may not use the Services. You may not use the Services in a manner that would violate the Gramm-Leach-Bliley Act (GLBA).

2. RIGHTS OVER INTELLECTUAL PROPERTY

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, which includes all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').

Our Content and Marks are safeguarded by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and globally.

The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial consumption only.

Your Usage of Our Services

In accordance with your adherence to these Legal Guidelines, including the 'PROHIBITED ACTIONS' section that follows, we give you a non-exclusive, non-transferable, revocable license to:

solely for your personal, non-commercial consumption.

Unless otherwise stated in this section or elsewhere in our Legal Guidelines, no part of the Services and no Content or Marks may be copied, reproduced, gathered, republished, uploaded, posted, publicly exhibited, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial intent whatsoever, without our express prior written consent.

If you desire to use the Services, Content, or Marks in a manner other than as specified in this section or elsewhere in our Legal Guidelines, please send your request to: support@youq.ai. If we grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must acknowledge us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice is visible when posting, reproducing, or displaying our Content.

We retain all rights not expressly granted to you concerning the Services, Content, and Marks.

Any violation of these Intellectual Property Rights will be considered a severe breach of our Legal Guidelines and your permission to use our Services will be revoked immediately.

Your Contributions

Please go through this section and the 'PROHIBITED ACTIONS' section thoroughly before using our Services to comprehend the (a) rights you assign us and (b) responsibilities you have when you post or upload any content through the Services.

Contributions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Contributions'), you agree to transfer to us all intellectual property rights in such Contribution. You agree that we will own this Contribution and have the unrestricted right to use and share it for any lawful purpose, commercial or otherwise, without recognition or compensation to you.

You are accountable for what you post or upload: By sending us Contributions through any part of the Services, you:

You are solely accountable for your Contributions and you expressly agree to indemnify us for any and all losses that we may incur because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

3. USER ASSURANCES

By availing the Services, you declare and affirm that: (1) all information you provide for registration will be precise, accurate, current, and comprehensive; (2) you will maintain the validity of such data and quickly revise such registration details as required; (3) you possess the legal authority, and you accept to adhere to these Legal Guidelines; (4) you are not underage in the jurisdiction where you live; (5) you will not reach the Services through automated or non-human methods, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorised activity; and (7) your use of the Services will not infringe any applicable law or regulation.

If you present any details that are false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all existing or future use of the Services (or any part thereof).

4. USER ENROLLMENT

You may need to enroll to utilize the Services. You agree to safeguard your password and will be accountable for all use of your account and password. We reserve the right to eliminate, reclaim, or modify a username you select if we decide, in our sole judgement, that such username is inappropriate, indecent, or otherwise unacceptable.

5. PURCHASES AND TRANSACTIONS

We accept these forms of payment:

You agree to deliver current, complete, and precise purchase and account details for all transactions made via the Services. You additionally agree to promptly update account and payment data, including email address, payment method, and payment card expiration date, so we can complete your transactions and reach you as required. Sales tax will be added to the cost of purchases as deemed obligatory by us. We may alter prices at any time. All payments shall be in Local Currency.

You agree to pay all costs at the prices then in effect for your purchases and any applicable delivery fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.

6. FREE EVALUATION

We offer a limited free evaluation to new users who register with the Services. The account will not be charged, and the subscription will be suspended until upgraded to a paid version at the end of the free trial.

7. TERMINATION

All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with our Services, please email us at support@youq.ai.

8. PROHIBITED ACTIONS

You may not access or utilize the Services for any intention other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that we explicitly endorse or approve.

As a user of the Services, you agree not to:

9. USER-GENERATED CONTENT

Our platform doesn't support users submitting or posting content visible to other users. However, we might provide the opportunity for you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, collectively known as 'Contributions.' Contributions can be viewed by other users of our platform and third-party sites. Therefore, any Contribution you make will be treated as per our Privacy Policy.

When you create or make Contributions available, you must ensure that:

Any violation of the above points can result in termination or suspension of your rights to use our Services.

10. CONTRIBUTION LICENCE

By submitting suggestions or other feedback regarding the Services, you grant us the right to use and share such feedback for any purpose without compensation to you. While you retain full ownership of your Contributions, you agree that we are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions and you agree to absolve us of any and all responsibility regarding your Contributions.

11. SOCIAL MEDIA

Our Services may allow you to link your account with third-party service providers. You ensure that you have the authority to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breaching any terms and conditions governing your use of the Third-Party Account.

12. THIRD-PARTY WEBSITES AND CONTENT

Our Services may contain links to other websites or content from third-parties. We are not responsible for any Third-Party Websites accessed through our Services or any Third-Party Content posted on our Services. If you decide to access Third-Party Websites or use/install Third-Party Content, you do so at your own risk and should be aware that these Legal Terms no longer apply.

13. SERVICES MANAGEMENT

We reserve the right to monitor the Services for violations of these Legal Terms and to manage the Services to protect our rights and property and to facilitate the proper functioning of the Services.

14. PRIVACY POLICY

We care about data privacy and security. By using our Services, you agree to our Privacy Policy which is incorporated into these Legal Terms. Our Services are hosted in the United States and Australia. By continuing to use the Services, you consent to your data being transferred to and processed in the United States and Australia. You can view our privacy policy at youq.ai/privacy

15. TERM AND TERMINATION

These Legal Terms remain in effect while you use the Services. We reserve the right to deny access to the Services, terminate your use or participation in the Services, or delete your account and any content or information posted by you at any time, without warning and at our sole discretion. If we terminate or suspend your account, you're prohibited from creating a new account. We also reserve the right to take appropriate legal action for any violations.

16. ADJUSTMENTS AND INTERRUPTIONS

We maintain the authority to alter, adjust, or eliminate contents of the Services at our discretion at any time without providing prior notice. However, we are not obligated to update any data on our Services. We bear no liability to you or any third party due to any modification, pricing alterations, suspension, or discontinuation of the Services.

The continuity of the Services cannot be guaranteed. We may encounter issues with hardware, software, or other elements, or may need to perform maintenance on the Services, which may result in interruptions, delays, or errors. We hold the right to modify, revise, update, suspend, discontinue, or otherwise alter the Services without providing prior notice. You concur that we have no liability for any loss, damage, or inconvenience caused by your inability to access or utilize the Services during any disruption or discontinuation. Nothing in these Legal Terms shall compel us to maintain, support the Services, or provide any corrections, updates, or releases associated with them.

17. APPLICABLE LAW

These Legal Terms shall be interpreted and defined in accordance with the laws of Australia. YouQ Enterprises Pty Ltd and you irrevocably agree that the Australian courts shall possess exclusive jurisdiction to resolve any conflicts arising in connection with these Legal Terms.

18. RESOLUTION OF DISPUTES

Informal Negotiations

To streamline the resolution process and manage the cost of any dispute, controversy, or claim related to these Legal Terms (each referred to as a 'Dispute' and collectively, the 'Disputes') presented by either you or us (individually, a 'Party' and collectively, the 'Parties'), the Parties concur to initially attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. These informal negotiations commence upon written notice from one Party to the other.

Binding Arbitration

Any disputes resulting from or related to these Legal Terms, including any questions about its existence, validity, or termination, shall be referred to and resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to its rules, which, by referring to them, are regarded as part of this clause. The arbitration will be conducted by one (1) arbitrator. The location of the arbitration will be Melbourne, Australia, and the proceedings will be conducted in English. The governing law of these Legal Terms shall be the substantive law of Australia.

Restrictions

The Parties concur that any arbitration shall be confined to the Dispute between the Parties individually. To the full extent allowed by law, (a) no arbitration shall be merged with any other proceedings; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to use class action procedures; and (c) there is no right or authority for any Dispute to be presented in a supposed representative capacity on behalf of the general public or any other individuals.

Exceptions to Informal Negotiations and Arbitration

The Parties concur that the following Disputes are exempt from the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes looking to enforce, protect, or regarding the validity of, any of a Party's intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, privacy invasion, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be unlawful or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be adjudicated by a court of competent jurisdiction within the courts specified for jurisdiction above, and the Parties concur to submit to the personal jurisdiction of that court.

19. AMENDMENTS

There might be information on the Services that includes typographical errors, inaccuracies, or omissions, such as descriptions, pricing, availability, and various other data. We reserve the right to rectify any errors, inaccuracies, or omissions and to update or change the information on the Services at any time, without prior notice.

  1. DISCLAIMER

The services are provided "as-is" and "as-available". You concur that your utilization of the services is at your sole risk. To the maximum extent permitted by law, we reject all warranties, both explicit and implied, in connection with the services and your use of them, including, without limitation, the implied warranties of merchantability, suitability for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the services' content or the content of any websites linked to the services and assume no liability for any (1) errors, mistakes, or inaccuracies in content and materials, (2) personal injury or property damage, of any kind whatsoever, resulting from your access and use of the services, (3) any unauthorized access to or use of our secure servers and/or any personal and/or financial information stored on them, (4) any interruption or cessation of transmission to or from the services, (5) any bugs, viruses, trojan horses, or similar which may be transmitted to or through the services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content made available via the services. We do not endorse, warrant, guarantee, or assume responsibility for any product or service promoted or offered by a third party through the services, any hyperlinked website, or any website featured in any advertising, and we will not be involved or responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

21. LIMITATION OF LIABILITY

Under no circumstances will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages resulting from your use of the services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

22. INDEMNITY

You agree to protect, compensate, and absolve us, inclusive of our subsidiaries, associated entities, and all our officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable legal costs and expenses, brought forward by any third party due to or resulting from: (1) your use of the Services; (2) violation of these Legal Terms; (3) any breach of the declarations and warranties you have made in these Legal Terms; (4) your infringement of third-party rights, including but not limited to intellectual property rights; or (5) any deliberate harmful act towards another user of the Services you've connected with through the Services. Despite the above, we reserve the right, at your cost, to assume exclusive defence and control of any matter for which you are obliged to indemnify us, and you consent to cooperate, at your cost, with our defence against such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon our awareness of it.

23. USER DATA

We will retain specific data that you send to the Services for the purpose of managing the performance of the Services, as well as data relating to your utilization of the Services. While we conduct regular routine backups of data, you hold sole responsibility for all data that you send or that pertains to any activity you have engaged in using the Services. You acknowledge that we shall bear no responsibility to you for any loss or corruption of such data, and you hereby renounce any claim against us arising from any such loss or corruption of such data.

24. DIGITAL COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, emailing us, and filling online forms are considered digital communications. You consent to receive digital communications, and you agree that all agreements, notices, disclosures, and other communications we deliver to you digitally, through email and on the Services, meet any legal requirement that such communication be in writing. You consent to the use of digital signatures, contracts, orders, and other records, and to digital delivery of notices, policies, and records of transactions initiated or completed by us or through our services. You hereby renounce any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which demand an original signature or delivery or retention of non-digital records, or to payments or the conferral of credits by non-digital means.

25. USERS AND RESIDENTS IN CALIFORNIA

If you are unable to resolve any complaint with us satisfactorily, you can get in touch with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

26. GENERAL

These Legal Terms and any policies or operational rules posted by us on the Services or concerning the Services make up the complete agreement and understanding between you and us. Our failure to enforce or exercise any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We can assign any or all of our rights and duties to others at any time. We shall not be held accountable or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is found to be unlawful, void, or unenforceable, that provision or part of the provision is considered severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment or agency relationship is created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

27. AI-GENERATED INFORMATION DISCLAIMER

Users accept and agree that the information given by our platform and AI tutor, while crafted to be precise and useful, might occasionally contain errors or inaccuracies. Our company bears no responsibility for decisions made or actions taken based on this information. Users are encouraged to independently confirm any information provided by the platform and/or AI tutor.

28. NO EMPLOYMENT GUARANTEE

While our platform's mission to improve the skills and employability of our users, we do not guarantee employment, job interviews, or specific job results. Our company is not responsible for users' inability to secure employment.

29. ACCURACY OF USER INFORMATION

Users hold responsibility for providing accurate and complete information to the AI tutor. Our company will not be held liable for any decisions or recommendations made based on inaccurate or incomplete information provided by users.

30. AI LIMITATIONS AND USER DISCRETION

Our AI tutor is engineered to offer accurate and useful advice, but it is not flawless. Users should exercise their judgment when interpreting and applying the AI's responses. Our company is not accountable for any adverse outcomes stemming from reliance on these responses.

31. DISPUTES ARISING FROM AI RECOMMENDATIONS

Users agree to exempt our company from any responsibility for any issues, disputes, or adverse outcomes that emerge from following the AI's responses, including but not limited to career dissatisfaction or undesired job results.

32. MISUSE OF AI TECHNOLOGY

Users are forbidden from misusing or exploiting our AI technology. Our company is not liable for any harm, damages, or adverse outcomes resulting from such misuse or exploitation.

33. CHANGES IN AI FUNCTIONALITY

Our company reserves the right to update or modify the AI tutor's functionality at any time. We are not accountable for any errors, interruptions, or changes in performance that may happen during these updates or modifications.

  1. CONTACT US

To resolve a complaint regarding the Services or to receive more information about the use of the Services, please contact us at support@youq.ai