TERMS OF SERVICE

Account Creation and Security

To access certain features of our Services, you may be required to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during the registration process;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Maintain the security of your account by protecting your password and restricting access to your account;
• Promptly notify us if you discover or suspect any security breach related to your account; and
• Take responsibility for all activities that occur under your account.

You are solely responsible for maintaining the confidentiality of your account credentials and for any activities or actions under your account. WarnIQ cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Account Termination

We reserve the right to suspend or terminate your account at our sole discretion, without notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

You may terminate your account at any time by contacting us at support@warniq.com. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Subscription Plans

WarnIQ offers various subscription plans that may include different features, limitations, and pricing. The details of each plan are available on our website. By subscribing to a paid plan, you agree to pay all applicable fees as described at the time of purchase.

Payment

All fees are quoted in U.S. dollars unless otherwise specified. You agree to provide current, complete, and accurate billing information. You authorize us to charge your designated payment method for all fees associated with your subscription.

Subscription fees are billed in advance on a recurring basis (monthly, annually, or as otherwise agreed upon). Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.

Refund Policy

All subscription fees are non-refundable except as required by law or as expressly stated in these Terms. If you cancel your subscription, you will continue to have access to the Services until the end of your current billing period, but no refund will be provided for the unused portion of that period.

Price Changes

We reserve the right to modify our pricing at any time. If we change the price of your subscription, we will provide you with advance notice. The new pricing will apply to your next billing cycle unless you cancel your subscription before the new pricing takes effect.

Our Intellectual Property

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by WarnIQ, 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.

These Terms permit you to use the Services for your personal or internal business purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
• You may store files that are automatically cached by your web browser for display enhancement purposes;
• You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use; and
• If we provide social media features, you may take such actions as are enabled by such features.

You must not modify copies of any materials from the Services, use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

Trademarks

The WarnIQ name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of WarnIQ or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

User Content

You retain all rights to any content you submit, post, or display on or through the Services ("User Content"). By submitting User Content, you grant WarnIQ a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with operating and providing the Services.

You represent and warrant that: (i) you own or control all rights to your User Content; (ii) your User Content is accurate; (iii) use of your User Content does not violate these Terms and will not cause injury to any person or entity; and (iv) you will indemnify WarnIQ for all claims resulting from your User Content.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WARNIQ, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT:

• THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
• ANY ERRORS OR DEFECTS WILL BE CORRECTED;
• THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
• THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES IS WITH YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WARNIQ, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES.

IN NO EVENT SHALL WARNIQ'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Governing Law

These Terms and any dispute or claim arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Arbitration Agreement

You and WarnIQ agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

The arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States in a location determined by the AAA, or at another location we mutually agree to in writing.

YOU AND WARNIQ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and WarnIQ agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Waiver of Jury Trial

YOU AND WARNIQ WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and WarnIQ are instead electing that all claims and disputes shall be resolved by arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

Waiver of Class Actions

YOU AND WARNIQ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. Unless both you and WarnIQ agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

Entire Agreement

These Terms, together with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and WarnIQ regarding the use of the Services and supersede all prior and contemporaneous written or oral agreements between you and WarnIQ.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.

Waiver

No waiver by WarnIQ of any term or condition set forth 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 WarnIQ to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder in any way without WarnIQ's prior written consent. WarnIQ may transfer, assign, or delegate these Terms and its rights and obligations without your consent.

Force Majeure

WarnIQ shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond WarnIQ's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, natural disasters, pandemics, war, terrorism, riots, labor disputes, or governmental actions.

Relationship of the Parties

Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and WarnIQ. Neither party has any authority to bind the other or to incur any obligation on its behalf.

Export Control

The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from WarnIQ or any products utilizing such data, in violation of the United States export laws or regulations.

Language

These Terms are written in English. Any translated version is provided solely for your convenience. To the extent any translated version of these Terms conflicts with the English version, the English version controls.