Terms and Conditions

Last updated: December 08, 2025

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to: Florida, United States

  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to mQuark Inc, Florida, USA, with official address:

    mQuark Inc
    160 W. Camino Real
    Unit #699
    Boca Raton, FL 33432

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Service refers to the Website.

  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to mquark.com, accessible from https://www.mquark.com, or https://app.mquark.com

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

    Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Accounts & Registration

To access certain features, You must create an Account. You agree to: (i) provide accurate, current, and complete information; (ii) maintain and promptly update Your Account information; (iii) maintain the security of Your credentials and not share them; and (iv) notify Us immediately of any unauthorized use. You are responsible for all activities under Your Account.

We use Auth0 (by Okta) as our authentication and user management provider. Role-based authorization (RBAC) is enforced via Auth0-managed roles and permissions administered by Us. By creating an Account or signing in, You acknowledge that authentication and session management may be handled through Auth0 in accordance with Our Privacy Policy and the Subprocessors listing.

Acceptable Use

You agree not to, and will not assist or enable others to:

  • Access or use the Service in violation of any applicable law or regulation.
  • Infringe or misappropriate Our or any third party’s intellectual property or other rights.
  • Upload or transmit malware, harmful code, or perform security testing (including scanning, probing, or penetration testing) without Our prior written consent.
  • Interfere with or disrupt the integrity or performance of the Service, including excessive or abusive use beyond reasonable consumption patterns.
  • Attempt to circumvent rate limits, authentication, or access controls.
  • Use the Service to process prohibited content (including illegal content) or for high-risk activities where failure could lead to death, personal injury, or severe environmental damage.

We may suspend or terminate Accounts that violate this section.

Fees, Billing, and Subscriptions

Some parts of the Service are provided on a paid subscription basis. You agree to pay all fees described at checkout or in an Order, including recurring subscription fees, metered usage fees, and applicable taxes. Unless otherwise stated, subscriptions automatically renew for successive periods until canceled. You may cancel at any time effective at the end of the current billing period.

Taxes

Fees are exclusive of taxes, duties, levies, and similar governmental assessments (including VAT/GST, sales, use, or withholding taxes). You are responsible for all such amounts, other than taxes based on Our income.

Trials, Promotions, and Beta

We may offer trials or promotional periods. At the end of a trial, the subscription may convert to a paid plan unless You cancel. Beta or preview features are provided “AS IS”, may be modified or discontinued at any time, and are not subject to any SLA.

Refunds

Except where required by law, payments are non-refundable. Certain jurisdictions may provide statutory cancellation or refund rights which We will honor.

Intellectual Property; License to the Service

The Service, including all software, content, logos, trademarks, and documentation, is owned by the Company or its licensors and protected by intellectual property laws. Subject to Your compliance with these Terms, We grant You a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service during Your subscription for Your internal business purposes.

User Content; Feedback

If You provide content, suggestions, or feedback, You grant the Company a worldwide, royalty-free, irrevocable, perpetual license to use, reproduce, modify, sublicense, and otherwise exploit such feedback and content for any purpose. You represent that You have all rights necessary to grant this license.

Third-Party Services; APIs

The Service may interoperate with third-party services (e.g., cloud providers, analytics, email, payment processors, authentication providers such as Auth0). Your use of third-party services is subject to their terms and privacy policies, and We are not responsible for such services. If We provide APIs, You must use them in accordance with Our documentation and rate limits, and You shall not reverse engineer, scrape, or misuse the APIs.

Privacy and Data Protection

You acknowledge Our Privacy Policy and agree that We may process personal data to provide the Service, including for security, support, billing, and compliance purposes. Authentication, user profiles, and role assignments are managed via Auth0, where our core user database is stored. For details about cookies related to authentication, refer to the Cookies Policy. For third-party data processing (including Auth0), see Subprocessors. You are responsible for obtaining all necessary consents and notices from Your end-users whose data You process through the Service.

Confidentiality

Each party may access the other party’s confidential information. The receiving party will use such information only for purposes consistent with these Terms and will protect it with reasonable care. This section does not restrict disclosures required by law, provided reasonable notice is given where legally permitted.

Security; Suspension

We implement commercially reasonable security measures. We may suspend access to the Service immediately if: (i) We detect a security incident; (ii) Your use poses a risk to the Service or other users; (iii) payment is overdue; or (iv) You violate these Terms.

Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, agents, and employees from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (i) Your use of the Service; (ii) Your violation of these Terms; (iii) Your violation of any law or the rights of a third party; or (iv) User Content.

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Limitation of Damages

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You to the Company during the twelve (12) months immediately preceding the event giving rise to such claim.

Exclusions

The limitations of liability set forth in this Section shall not apply to: (i) Your obligation to pay all Fees and usage charges accrued under your Account; (ii) Your violation of the “Acceptable Use” or “Prohibited Use” sections of these Terms; or (iii) Your indemnification obligations.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

”AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Binding Arbitration; Class Action Waiver

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall be settled by binding arbitration administered by a recognized arbitration provider in Florida, in English, under its applicable rules. You and the Company agree that each may bring claims against the other only in Your or Our individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Export Controls and Sanctions

You agree to comply with all applicable export and sanctions laws and regulations, including those of the U.S. and other relevant jurisdictions. You shall not use, export, or re-export the Service in violation of such laws.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

Miscellaneous

  • Assignment: You may not assign or transfer these Terms without Our prior written consent; We may assign these Terms in connection with a merger, acquisition, or sale of assets.
  • Force Majeure: We are not liable for delays or failures due to events beyond Our reasonable control.
  • Notices: We may provide notices via email, in-product messages, or by posting on the Website.
  • Entire Agreement: These Terms constitute the entire agreement between You and the Company regarding the Service and supersede prior agreements.
  • Survival: Sections that by their nature should survive termination (including Fees, IP, Confidentiality, Indemnification, Limitation of Liability, Governing Law, Arbitration, and Miscellaneous) shall survive.