Quanogen Terms of Use

1. INTRODUCTION

Thanks for using Quanogen. Quanogen is an interactive mobile application developed by Quanogen Inc., (“Quanogen,” “we,” “us,” or “our”) for your iOS or Android mobile device(s). These Terms of Use (this “Agreement”) govern your access to and use of the Quanogen application or any part thereof, or anything associated with it, including its contents and any products or services provided by Quanogen (collectively, the “Quanogen Platform”). We may add additional services and features to the Quanogen Platform from time to time and this Agreement will governs those new services and features when added. At the present time, the Quanogen Platform is intended for access and use only by U.S. customers. By using the Quanogen Platform, you are agreeing to these terms. Please read them carefully.

You must accept these Terms of Use to create a Quanogen account and access or use the Quanogen Platform.

BY ACCESSING OR USING ANY PART OF THE QUANOGEN PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE, OUR PRIVACY POLICY, AS WELL AS ANY OTHER GUIDELINES THAT MAY APPEAR IN THE APP, AND TO USE THE QUANOGEN PLATFORM IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OR ACCESS THE QUANOGEN PLATFORM AND YOU SHOULD REMOVE THE QUANOGEN MOBILE APP FROM YOUR MOBILE DEVICE(S).

Please review this Agreement carefully, as it requires (among other things) in Section 12 that you and Quanogen arbitrate certain claims instead of going to court and restricts class action claims. Quanogen reserves the right to change or modify the terms of this Agreement, our Privacy Policy, and any of the other guidelines that appear in the app from time to time, at its sole discretion, with or without notice. Should we decide to change these Terms of Use, we shall make the revised Terms of Use available through the Quanogen mobile app and update the “Last Revised” date set forth above to reflect the date of the changes. We may require you to consent to such changes in order to continue using the Quanogen app. But regardless of whether we require your consent to such changes or not, any changes or modifications made to these Terms of Use, Privacy Policy, or any guidelines, become effective when they are posted in the Quanogen app. Your continued use of our Quanogen Platform following the posting of such changes, constitutes your acceptance of the terms of this Agreement, as modified. If you do not agree with any of these changes or modifications, you may not use the Quanogen Platform and you should remove the Quanogen mobile app from your mobile device(s).

2. SERVICE INFORMATION

a. Product details. The Quanogen Platform is designed to enable you to determine what cosmetic and skincare products to use, help you track your results and understand them, by making use of the technology available on your mobile device(s), data published in scientific literature, and your personal experience with various other cosmetic and skincare products. You understand that Quanogen does not score products, but rather tries to identify how good of a match a certain product is for your skin, given the product’s ingredients, the personal characteristics of your skin as provided by you in the Quanogen skin assessment quiz, and the scientific literature available to us at any given point in time. This means that the same product will not fit every user the same way. For example, because of differences in your profiles, the same product could be a great fit for you, but not a great fit for another user. You also understand that the user-product fit is dynamic and may change from time to time to reflect any additional information, including but not limited to newly available research, changes in your skin or circumstances, and any feedback regarding your experience with that certain product or other products with similar ingredients. Thus, the same product may turn out to have a different fit level for you at different points in time, due to changing parameters, such as those in your profile.

b. No medical advice. The information and materials presented and made available through the Quanogen Platform are intended solely for personal informational and educational purposes, and you should never mistake them for medical advice. The statements made throughout the Quanogen Platform about any products, including but not limited to statements related to product-user fit, as well as beneficial or problematic ingredients a product may contain, have not been evaluated by the F.D.A.. You should keep in mind that different people will react in different ways to the same product, and you may still have an unexpected reaction even to a product that appears to be a 100% fit for you. Quanogen is not responsible for any skin issues or health problems that may result from your use of any product you learn about through the Quanogen Platform. The information presented and any statements made throughout the Quanogen Platform, including but not limited to any product-user fit, do not constitute medical advice, or any attempt to treat or diagnose skin issues, diseases or conditions. Quanogen does not provide answers to medical questions, and you should not use the Quanogen Platform to find answers to any medical questions. You should not use any prescription medication or medical treatment referred to in the Quanogen Platform unless your doctor directs you to do so. Such information, if referred to in the Quanogen Platform has an informational and educational purpose only, meant at most to facilitate communication with your healthcare provider, and not meant in any way, shape or form to substitute medical advice, prescribe, or suggest that you should use any kind of medication or medical treatment. You should always consult your healthcare provider before relying on any information provided through the Quanogen Platform, or using any products displayed, presented, mentioned, referred to, reviewed or matched to you in the Quanogen Platform.

c. Manufacturer’s instructions and product ingredients. Even if Quanogen provides “how to use” instructions for some products, these instructions are provided solely for your convenience and are not meant to replace the manufacturers’ instructions. You should always use any product according to the instructions and guidelines provided by the manufacturer. Quanogen cannot guarantee the accuracy or currentness of the information provided or any analysis based on such information, including but not limited to the personalized product-user fit. You should always check and make sure that the ingredients listed for any product in the Quanogen mobile app, match the ingredients on the product’s packaging, as ingredients may change over time and the information regarding a certain product’s ingredients may no longer be accurate. We are constantly trying to improve the accuracy of the information in the Quanogen Platform, so if you do notice discrepancies between the ingredients on a product’s packaging and the information displayed in Quanogen, you should use the feedback feature in the app to let us know. Always check the ingredients on the actual product’s packaging to avoid potential allergic reactions.

3. WIRELESS CARRIER FEES

The Quanogen Platform requires use of data services, which may be associated with data usage fees. You are solely responsible for any data usage fees that may stem from your use of the Quanogen Platform on your mobile device(s), as well as any other fees your wireless carrier may charge in connection with your use of the Quanogen Platform.

4. REGISTRATION AND ACCOUNT SECURITY

a. Age restriction. You must be at least 18 years of age to use the Quanogen Platform. You represent and warrant that you are at least 18 years old.

b. Account and Password. Full use of the Quanogen Platform, requires that you set up a user account (“Account”). To do that, you must provide certain information such as your name or nickname, a valid email address, and other information such as your date of birth, as well as create a password (“Password”). You must not transfer or share your Password or Account with anyone. You are responsible for maintaining the confidentiality of your Password or Account and for all activities that occur in association with your Account. If you become aware of any unauthorized use of your Password or Account, you agree to notify us immediately. We reserve the right to take any and all action, as we deem necessary, regarding the security of the Quanogen Platform and your Password or Account, including the right to disable any account, password or other identifier at any time, for any or no reason. Under no circumstances will Quanogen be held liable to you or anyone else for any liabilities or damages resulting from or arising out of your use of our Quanogen Platform, your use of your Password or Account, the use of the Quanogen Platform by anyone else using your Account and Password, or your release of your Password or Account to a third party.

c. Log-in options. If you choose to enable the “Keep me signed-in” option in the application’s Settings section, you understand that anyone who gains access to your mobile device(s) could be able to access, view, modify and use your account. Should you choose to enable the “Keep me signed-in” option, we recommend that you also enable the passcode-lock feature on your mobile device(s) to prevent unauthorized access to your Account. You understand that it is your responsibility to prevent unauthorized access to your Account. Under no circumstances will Quanogen be held liable to you for any liabilities or damages resulting from or arising out of your decision to enable the “Keep me signed-in” option and subsequent failure to prevent unauthorized access to your device and Account.

5. RIGHT TO ACCESS THE SERVICE AND CODE OF CONDUCT

Subject to your compliance with the terms and conditions of this Agreement, Quanogen hereby grants you a limited, non-exclusive, revocable, nontransferable, non-sublicensable right to access the Quanogen Platform and use it on your mobile device(s) solely for your personal non-commercial use. To maintain the right to keep using our Quanogen Platform, you shall not, and shall not facilitate or authorize any attempt by a third party to:
(a) interfere or disrupt the functioning of the Quanogen Platform through any means;
(b) breach, evade, inactivate or otherwise interfere with any of the security features incorporated in the Quanogen Platform, or any features that restrict or enforce limitations on the use of any part of the Quanogen Platform;
(c) copy, modify, reverse engineer, disassemble, decompile, tamper with or otherwise attempt to derive the source code of any software that is provided as part of the Quanogen Platform, or any other part of the Quanogen Platform;
(d) publicly display, perform, reproduce, duplicate, publish, license, sell, resell, transmit or otherwise distribute the Quanogen Platform or any part of it to any third party;
(e) incorporate the Quanogen Platform or any part of it into another Quanogen Platform, app or website, by any means;
(f) create derivative works based on or reverse-engineer the Quanogen Platform or any parts of it;
(g) use the Quanogen Platform in any unlawful manner, or in any manner that is harmful, defamatory, hateful, abusive, vulgar, obscene, harassing, or otherwise offensive to any other person or entity;
(i) interfere with or prevent any other user from using or accessing the Quanogen Platform;
(j) impersonate another person or entity, or share or post personally identifiable information or other private information about another person without their consent;
(k) use the Quanogen Platform to distribute unsolicited or unauthorized communications, advertising, promotional materials, spam, or any other form of solicitation;
(l) access or tamper with non-public areas of the Quanogen Platform by any means, or attempt to obtain any data or information other than that intentionally made available through the Quanogen Platform;
(m) use the Quanogen Platform to collect or use any data or content that violates any third-party right; or
(n) use the Quanogen Platform in breach of these Terms of Use, or in any manner that is considered unacceptable by Quanogen.

6. THIRD-PARTY PRODUCTS AND SERVICES

a. Third-party services. Quanogen may allow you to access third-party content, promotions, apps, services, websites and resources (collectively “Third-Party Services”) through the Quanogen Platform, may interact with you on Third-Party Services or provide links to Third-Party Services that are not under Quanogen’s control. Quanogen does not endorse or make any representation or warranty related to any Third-Party Services or the content displayed on such Third-Party Services, and the entire risk associated with the use of such Third-Party Services or reliance on information provided by such Third-Party Services rests solely with you. These Terms of Use and the Quanogen Privacy Policy do not apply to such Third-Party Services, and you should always review the applicable terms of use and policies of any Third-Party Service.

b. Third-Party Products. Quanogen may display information related to, recommend or otherwise reference third-party products, as well as allow you to use digital third-party products within the Quanogen Platform. Quanogen does not endorse or make any representation or warranty related to any third-party products, and the entire risk associated with the use of such third-party products or reliance on information related to such third-party products rests solely with you.

7. PRIVACY

The personal information you provide during the registration process, and at any point in time while using the Quanogen Platform, will be treated in accordance with our Privacy Policy, which is hereby incorporated by reference into this Agreement. By accessing or using the Quanogen Platform, you agree that Quanogen can collect and use the information collected as described in the Privacy Policy.

8. INTELLECTUAL PROPERTY RIGHTS

Quanogen owns all copyrights in the mobile application, the design, logos, texts, graphics, icons, images, videos, and all other original works of authorship created by Quanogen and displayed in the Quanogen mobile app, as well as their arrangement and selection, which may also be protected by other intellectual property rights. The compilation of all the content in the Quanogen mobile app is the property of Quanogen and is protected by US and international copyright laws. The software associated with the Quanogen Platform is protected by US and international copyright laws, and Quanogen owns the copyright in it. Quanogen is also the owner of any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from our Quanogen Platform, as well as any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights derived from the Quanogen Platform. Quanogen and other entities own the logos, names and all other materials displayed in the Quanogen Platform that may constitute trademarks, trade names, service marks or logos (“Marks”). You shall not use any such Marks, without Quanogen’s express authorization in the case of Marks that Quanogen owns, or the express authorization of the entities that own such Marks, in the case of Marks that other entities own, displayed in the Quanogen Platform.

9. TERMINATION

You can terminate this Agreement at any time, for any or no reason, be deleting your Account. If you wish to delete your Account, you can do so at any time by emailing us at support@quanogen.com. You understand that when your Account is terminated, your username and Password may be deleted from our databases, along with any other additional information you may have uploaded to your Account at any time during your use of the Quanogen mobile app. Quanogen reserves the right to terminate or suspend your Account and your license to use the Quanogen mobile app, without notice and in its sole discretion, at any time and for any reason. The provisions of these Terms of Use that are intended to survive termination or expressly survive termination (including but not limited to IP rights, disclaimers and limitations of liability) shall survive termination of your Account. Quanogen may preserve some of the data related to your account, in the form of Aggregate Data (data with personally identifiable information removed), in accordance with our Privacy Policy, and use or otherwise exploit such Aggregate Data to further improve the Quanogen Platform, including but not limited to our AI and personalized analysis algorithms.

10. WARRANTIES AND DISCLAIMERS

QUANOGEN IS PROVIDING THE QUANOGEN PLATFORM TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, AND YOU ARE USING THE APPLICATION VOLUNTARILY AND AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, AND WITHOUT LIMITING THE FOREGOING, QUANOGEN EXPLICITLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, RELIABILITY, AVAILABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGEMENT, ABILITY TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE APPLICATION BY YOU IS IN COMPLIANCE WITH LAWS APPLICABLE TO YOU, OR THAT YOUR USER INFORMATION WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED, OR THAT THE INFORMATION PROVIDED THROUGH THE QUANOGEN PLATFORM IS ACCURATE, COMPLETE OR CURRENT. QUANOGEN ALSO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH OUR QUANOGEN PLATFORM BY A THIRD PARTY. IN ADDITION, QUANOGEN DOES NOT REPRESENT OR WARRANT THAT MATERIALS AND INFORMATION IN THE APPLICATION WILL NOT INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, OR THAT THE QUANOGEN PLATFORM WILL FUNCTION WITHOUT DELAYS, INTERRUPTIONS, INTERFERENCES, ISSUES, OR ANY OTHER ADVERSE INCIDENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SUCH AS IMPLIED WARRANTIES, SO SOME OF THE EXCLUSIONS LISTED ABOVE MAY NOT APPLY TO YOU, BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.

11. LIMITATION OF LIABILITY

SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL QUANOGEN OR ITS OFFICERS, DIRECTORS, EMPLOYEES, ADVISORS, SHAREHOLDERS OR AGENTS BE LIABLE TO YOU OR ANY USER FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE APPLICATION, INCLUDING WITHOUT LIMITATION THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE APPLICATION, OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMMISSIONS, LAWS OR REGULATIONS, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO QUANOGEN\'S RECORDS, PROGRAMS OR SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF DATA, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION OR ANY OF ITS FEATURES OR DEVICE FAILURE OR MALFUNCTION. YOUR SOLE REMEDY IS TO CEASE USE OF THE APPLICATION AND THE QUANOGEN PLATFORM.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN QUANOGEN AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SO SOME OF THE LIMITATIONS OF THE FOREGOING SECTIONS MAY NOT APPLY TO YOU.

12. DISPUTE RESOLUTION

PLEASE READ THE FOLLOWING SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, AS IT REQUIRES YOU TO ARBITRATE DISPUTES AND CLAIMS WITH QUANOGEN AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM QUANOGEN.

YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND QUANOGEN ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE QUANOGEN PLATFORM, OR ANY OTHER QUANOGEN PLATFORM OR PRODUCT WILL BE GOVERNED BY THE ARBITRATION PROCEDURE DESCRIBED BELOW. BY ACCEPTING THIS AGREEMENT OR USING THE QUANOGEN PLATFORM, UNLESS YOU REJECT ARBITRATION AS PROVIDED BELOW, YOU ACKNOWLEDGE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE CLAIMS AND THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION. YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO BE HEARD IN COURT OR HAVE A JURY TRIAL ON ALL CLAIMS SUBJECT TO THIS AGREEMENT.

a. Governing Law. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the 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).

b. Informal Dispute Resolution. Should a dispute arise between you and Quanogen, our customer service team will try to provide you with a resolution. Before filing a claim against Quanogen, you agree to try and resolve the dispute informally by contacting our customer service. To reach our customer service, email us at support@quanogen.com. If the dispute cannot be solved by our customer service team, we shall proceed with the resolution of the dispute as described below in Sections 12(C) and 12(D).

c. Arbitration. You and Quanogen agree that any dispute arising under or relating to these Terms of Use or the Quanogen Platform will be resolved exclusively by final and binding arbitration, except that, should you violate or threaten to violate Quanogen’s IP rights, Quanogen may bring a claim, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction. A neutral arbitrator will conduct the arbitration, according to the American Arbitration Association’s (AAA) rules and procedures, provided that if there is a conflict between the rules of the AAA’s rules and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. The rules and instructions on how to file an arbitration claim are available at www.adr.org. Any ruling, decision or award by the arbitrator, as well as any detail of the arbitration proceeding, will be strictly confidential.

d. No Class Actions. You may only resolve disputes with Quanogen on an individual basis and not as part of any class, consolidated or representative action, including but not limited to class actions, class arbitrations, consolidation with other arbitrations, or private attorney general actions.

e. Limitation on claims. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE QUANOGEN PLATFORM MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT WILL BE PERMANENTLY BARRED.

f. Opting out of agreement to arbitrate. YOU CAN DECLINE THE ARBITRATION PROVISION ABOVE BY CONTACTING QUANOGEN BY EMAIL AT SUPPORT@QUANOGEN.COM, OR BY CONTACTING US IN WRITING AT 7925 W RUSSELL ROAD, #400373, LAS VEGAS, NV, 89140, AND STATING THE FOLLOWING: (I) YOUR NAME; (II) THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT; (III) YOUR ADDRESS; (IV) YOUR PHONE NUMBER AND (V) A CLEAR STATEMENT THAT YOU WISH TO OPT OUT OF THE ARBITRATION PROVISION (AN "OPT OUT NOTICE"). YOUR OPT OUT NOTICE MUST BE EMAILED OR MAILED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU FIRST ACCEPTED THESE TERMS OF USE BY USING THE QUANOGEN APP. IF YOUR OPT OUT NOTICE COMPLIES WITH THESE REQUIREMENTS, THE ARBITRATION PROVISION WILL NOT APPLY TO YOU, EXCEPT FOR ANY CLAIMS SUBJECT TO PENDING LITIGATION OR ARBITRATION AT THE TIME YOU SEND YOUR OPT OUT NOTICE. OPTING OUT OF THE ARBITRATION PROVISION WILL NOT AFFECT YOUR OTHER RIGHTS OR RESPONSIBILITIES UNDER THIS ARBITRATION PROVISION OR THIS AGREEMENT.

13. MISCELLANEOUS

a. Entire Agreement. These Terms of Use constitute the entire and final agreement between you and Quanogen and govern your access to the Quanogen Platform, superseding any prior agreements between us with respect to Terms of Use.

b. Headings. The headings and subheadings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.

c. Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

d. Waiver. Quanogen’s failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall not operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

e. Assignment. You may not assign any of your rights under this Agreement, without Quanogen’s prior written consent, and any such attempt will be null and void. Quanogen may freely assign or transfer these Terms of Use without restriction, and these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

f. Electronic Notices. You agree to the use of electronic documents and records in connection with your registration, future transactions and communications involving the Quanogen mobile app and our Quanogen Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

CONTACT US

Quanogen Inc.
7925 W Russell Road, #400373,
Las Vegas, NV, 89140
support@quanogen.com