Terms & Conditions
1. INTRODUCTION
Qarden is an innovative platform that offers a catalog of applications referred to herein as "micro applications." Qarden is a Disruptica's LLC product. These terms and conditions ("Terms") constitute a binding legal agreement between you ("you" or the "User") and us, Disruptica LLC ("Qarden", "we", or "us"). Please read these Terms carefully as they govern your access to and use of our Services.
2. ACCEPTANCE:
By using the Services, you agree to be bound by these Terms. If you do not agree with these Terms, please refrain from using our Services.
3. SERVICES:
Our Services imply a collection of micro applications that offer specific functionality, which you can purchase individually using credits. These credits must be bought by you in order to acquire our micro applications. Be informed that the Services are experimental in nature and may advance, change, or be updated from time to time with prior notice.
4. WARRANTY DISCLAIMER:
Our Services are provided on an "as is" basis without warranties or conditions of any kind, either express or implied. To the fullest extent permitted under applicable law, we disclaim all warranties and conditions, including any warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
5. PRIVACY:
Your privacy is important to us. Our Privacy Policy, available at https://qarden.io/privacy.html, outlines how we collect, use, and disclose your personal information.
6. COMMUNICATION:
By using our Services, you agree to receive communications from us, from which you always have the option to opt-out by clicking the unsubscribe link provided in the communication.
7. USER CONDUCT & ILLEGALITY:
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms. You agree not to engage in any illegal activities, including but not limited to hacking, spreading malware, spamming, committing fraud, or spreading offensive or obscene material through the platform or the micro applications.
8. ELIGIBILITY:
To use our Services you must be 18 years of age or older. By using our Services, you represent and warrant that you meet this eligibility requirement.
9. GOVERNING LAW:
These Terms shall be governed and interpreted in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of laws rules.
10. CHANGES TO TERMS:
We reserve the right, at our sole discretion, to modify or replace these Terms at any time without prior notice.
11. THIRD-PARTY MICROAPPS:
Please note that third-party micro applications available through our Services may have their own terms and conditions that you must comply with. These terms may complement our general terms and conditions.
12. INTELLECTUAL PROPERTY:
All rights, title, and interest in and to the Services, including all intellectual property rights therein, are and will remain with Qarden and, where applicable, the third-party micro application developers. You have no right or license to use any such rights except as expressly provided in these Terms.
13. LIMITATION OF LIABILITY:
To the maximum extent permitted by law, Qarden shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, resulting from your use of our Services.
14. SUBPROCESSORS:
We reserve the right to use third-party subprocessors to provide features, functions, or services within the platform and micro applications. Please review each app's terms and conditions to know more.
15. INDEMNITY:
You agree to indemnify, defend, and hold harmless Qarden, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account by you or any other person accessing our Services using your account.
16. TERMINATION:
We may terminate your use of the Services or any of our features or services at any time and for any reason without notice, for conduct violating these Terms. We can terminate your use of our Services if we determine that you are a repeat infringer of these Terms.
17. FORCE MAJEURE:
Qarden shall not be liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Qarden's reasonable control, including but not limited to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failure, other equipment failure, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, non-performance of third parties or loss of or fluctuations in heat, light, or air conditioning.
18. DISPUTE RESOLUTION:
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the American Arbitration Association under its rules, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The place of arbitration shall be Virginia.
19. 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.
20. INDEPENDENT CONTRACTORS:
Nothing in these Terms shall be construed to create a joint venture, partnership, or an agency relationship between the parties. Neither party has the authority, without the other party's prior written approval, to bind or commit the other in any way.
21. THIRD PARTY SERVICES:
Our Services may integrate with or provide links to other third-party services ("Third-Party Services"). We do not control or oversee Third-Party Services. We cannot be held liable for their content, operation, or use. You will be informed the third-party services used by each Service in its specific Term and Conditions.
22. INTELLECTUAL PROPERTY RIGHTS:
All contents of the Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement are: Copyright © Qarden, or are the proprietary property of Qarden's affiliates or licensors. All Rights Reserved. Any content generated by each Service will be bound by its specific Terms and Conditions.
23. DISCLAIMER:
No advice or information given by Qarden or its employees shall create any warranty. Use of the Qarden platform or Micro Apps is at your own risk. See Disclaimer Statement for info.
24. CONSEQUENCES OF VIOLATIONS:
If you violate our Terms, or any of our other policies, we may take legal action against you, including but not limited to, terminating your access to our Services, pursuing civil, criminal, or injunctive redress. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
25. PROHIBITED ACTIVITIES:
You agree not to use the Services for any of the following commercial uses unless you obtain Qarden's prior written approval: the sale of access to the Services; the sale of advertising, sponsorships, or promotions on any page containing the Services; or conducting any other activities that Qarden determines to be harmful to its users, clients, partners, affiliates, or operations.
26. COPYRIGHT:
The Services and their contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Qarden or its licensors or other providers of such material, and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
27. FEEDBACK:
If you submit or provide feedback, suggestions, or any other submissions to us regarding the Services, the feedback will be considered non-confidential, and we will be free to use such communication on an unrestricted basis, without any compensation to you.
28. TERMINATION OF SERVICES:
At any time, Qarden may discontinue offering any part, or some parts of the Services, or may change or eliminate available features of the Services, at its discretion with 30 days prior notice. If we discontinue or change the Services, we will not be liable to you or any third party.
29. NO WAIVER:
No waiver by Qarden 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 by Qarden to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
30. CONTACT US:
If you have any questions about these Terms, please email us at contact@Qarden.io. Please note that communications with Qarden made through email or the Services' messaging system will not constitute legal notice to the company or any of its officers, employees, agents or representatives.
31. SHARED RESPONSIBILITY:
We remind you that you have shared responsibility for the success of your data protection efforts and that the proper use and protection of personal data and other sensitive information related to the Services is your responsibility. Please note that the services may contain errors, omissions, inaccuracies, or outdated information, and reliance upon or use of the platform or micro apps is done at your own risk.
32. ASSIGNMENT:
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Qarden without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
33. HEADINGS:
The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.
34. RELEASE:
In the event that you have a dispute with one or more other users of the Services, you release Qarden (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands, liabilities, costs, expenses, damages, and losses of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
35. DISCLAIMER ON THIRD PARTY CONTENT:
Qarden may provide third party content on the Services and may provide links to web pages and content that are not owned or controlled by Qarden (collectively the "Third Party Content") as a service to those interested in this information. Qarden 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 but not limited to its accuracy or completeness.
36. REPORTS AND COMPLAINTS:
If you believe that a user has acted inappropriately, such as by violating these Terms, you may report your concerns either via the features provided by the Services, if any, or by contacting us.
37. AMENDMENTS:
We may, from time to time, release new tools, resources, features, improvements, or changes to the existing Services, or introduce other services and/or features for the platform, which will be subject to these Terms along with any additional terms and conditions as may be applicable. Qarden reserves the right to make changes to these Terms at any time with prior notice. Your continued use of our Services signifies your acceptance of any adjustment to these terms. If you do not agree to any changes, you should discontinue use of the Services immediately. Please check this page regularly to stay informed of any updates.
38. SURVIVAL:
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
39. WAIVER:
The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any right hereunder.
40. CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES:
Because Qarden operates the Services on the Internet, it is necessary for you to consent to transacting business with us online and electronically.
41. DATA USAGE:
You acknowledge that we can analyze your usage of the services for improving the platform and our services.
42. THIRD PARTY APPLICATIONS:
Our platform might provide access to third-party applications. By using these applications, you are also agreeing to the terms and conditions and privacy policy of the respective third-party application.
43. EXCLUSION OF LIABILITY:
In no event will Qarden, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for any special, incidental or consequential damages.
44. COPYRIGHT COMPLAINT:
If you believe that any Content or other material provided through the Services infringes upon any copyright you own or control, you may send a written notification of such infringement to our designated agent.
45. TRADEMARKS:
"Qarden" and all other proprietary graphics, logos, service marks, and trademarks whether registered or unregistered, are the sole and exclusive property of Qarden.
46. NO JOINT VENTURE:
No joint venture, partnership, employment, or agency relationship exists between you, Qarden or any third-party provider as a result of these Terms or your utilization of the Services.
47. COMPENSATION LIMIT:
The maximum compensation you can claim from Qarden in court or in arbitration for any loss or damage or other actions related to your use of our Services, is limited to the amount you paid to Qarden during the 12 months before you made your claim.
48. USER CONTRIBUTIONS:
Certain parts of the Services may allow users to post feedback, comments, questions, data, and other information ("User Content"). You are solely responsible for all User Content that you post on the Services.
49. SYSTEM SECURITY:
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services, or any transaction being conducted on our platform.
50. RESERVATION OF RIGHTS:
Qarden reserves all of its rights not expressly granted in these Terms. Nothing in these Terms constitutes a waiver of Qarden's rights under any patents, copyrights, trade secrets, trademarks, or other legal protections.
51. ENTIRE AGREEMENT:
These Terms, our Privacy Policy, and other terms incorporated by reference constitute the entire agreement between you and Qarden. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
52. LANGUAGE:
These Terms and all related communications and documents are drawn up in English. Should these Terms or any part thereof be translated into another language, the English version shall prevail in the event of conflicts, discrepancies or ambiguities.
53. SUBSIDIARIES:
Qarden shall have the right to assign its obligations and duties in these Terms to any person or entity.
54. AGREEMENT TRANSFER:
Qarden reserves the right to transfer or assign this agreement or any right or obligation under this agreement at any time.
55. ACKNOWLEDGEMENT OF RIGHTS:
You acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that you will not acquire any right, title, or interest in or to the site except as expressly set forth in this agreement.
56. NO FALSE INFORMATION:
You agree not to provide any false information on Qarden, or to create an account for anyone other than yourself without permission.
57. LEGAL COMPLIANCE:
You agree to comply with all applicable local, state, national, and international laws, statutes, ordinances, and regulations that govern your use of the Services.
58. ACCESSIBILITY:
Qarden endeavors to make the Services available 24 hours a day, 7 days a week, except for planned downtime for maintenance. However, Qarden has no obligation to provide access to the Services at any particular time or during any particular hours, and will not be liable to you if the Services are unavailable at any given time for any reason.
59. EXPERIMENTAL:
You understand that our Services might still be in a test or experimental phase and will be labeled as “Experimental”, and we are providing you access for the sole purpose of you testing and having early access to our Services' functionality. As such, you understand that we may modify or discontinue the Services at any time with prior notice and we make no commitments, express or implied, that the Services will be available to you at any times or for any duration. Experimental Services are subject to be charged.
60. ACCEPTANCE OF RISKS:
You acknowledge that your use of the Services may carry certain risks, and you expressly assume such risks.
61. FEES & PAYMENT:
Credits needed to purchase micro applications can be bought via various payment options provided on our platform. All fees are non-refundable and non-transferable except as expressly provided in these Terms.
62. DISCREPANCIES:
In case of any discrepancies or grievances, users can contact us through the provided contact information. Qarden will attempt to resolve any reported discrepancies or grievances in a reasonable and fair manner.
63. SECURITY:
You are responsible for taking due care of the user ID and password that you choose to access the Services and our platform. You are responsible for all activities that occur under your account or from your computer. We are not liable for any loss or damage arising from your failure to comply with this term.
64. THIRD PARTY MATERIALS:
The Services might display, include, or make available third-party content or contain links to third-party websites. You acknowledge and agree that Qarden is not responsible for any such third-party materials and does not endorse any advertising, products or other materials on or available from such websites or resources.
65. AUDIT:
We reserve the right to audit your use of the Services, at our own cost and upon giving reasonable notice to you, to ensure your compliance with the terms of this agreement.
66. DISCLOSURE:
We reserve the right to disclose the user information as required by law and when we believe that disclosure is necessary to protect our rights and comply with a judicial proceeding, court order, legal process served or any other legal proceedings.
67. CONTACT DETAILS:
You agree to provide accurate contact details for the purpose of registration and communication with Qarden.
68. INTEGRITY OF INFORMATION:
Qarden takes no responsibility for the correctness of the provided information or data from the user. Qarden is not responsible for any damages which result from the usage of the provided information.
69. AUTHORIZATION:
You hereby authorize Qarden, directly or through third parties, to request and collect information about you, to authenticate your identity, to validate your credentials, to compare your information against databases, and to take action we reasonably deem necessary based on the results of such inquiries.
70. CHARGEBACKS:
Any credit card chargebacks initiated by a user for any reason except for unauthorized use of the credit card will be deemed a breach of these Terms and grounds for immediate termination of this agreement.
71. BREACH:
In the event of your breach or inconsistency with these Terms and Conditions, Qarden reserves the right to terminate, suspend or revoke your access to the platform and its services without any prior notice.
72. TAXES:
You are responsible to pay any taxes, duties or other governmental levies or any charges or fees that your mobile network operator or other third parties may charge you, that may apply to your purchase of credits or use of services.
73. SUPPORT:
Any support requests, service queries or general questions should be directed to our support team via the contact information provided on our platform.
74. NON-RELIANCE:
We are not responsible or liable for any decisions or actions you take or authorize third parties to take on your behalf based on information you receive through the Services or for any delay or failure to provide information to you.
75. CONSTRUCTION:
If for any reason a court of competent jurisdiction finds any provision of this agreement to be unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of this agreement, and the remainder of this agreement will continue in full force and effect.
76. DELAY IN SERVICES:
Qarden (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, data processing failures, telecommunication or Internet problems, utility failures or problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes.
77. AGGREGATED DATA:
Qarden may use aggregated, anonymized data derived from the Services for the purpose of managing, operating, enhancing and improving the Services, developing new services and products, conducting data analysis, research, audits, developing marketing promotions, identifying usage trends and determining the effectiveness of promotional campaigns.
78. LIABILITY:
You shall be liable for any loss, liability and cost that Qarden (including its and their officers, directors, employees, affiliates, agents, representatives or subcontractors) may reasonably incur or suffer resulting from your breach of these Terms, your unauthorized use of the Software or Services or your infringement of any rights of any third parties.
79. REPRESENTATION:
You represent that you have full capacity to accept these terms, execute and perform your obligations under this agreement.
80. TEXT MESSAGES:
By agreeing to these Terms, you consent to the use of: (1) electronic means to complete these Terms and to provide you with any notices given pursuant to these Terms, and (2) any text messages or alerts by or on behalf of Qarden relating to the Services.
81. DOCUMENTATION:
Upon request, you shall provide us with any documentation, substantiation or releases necessary to verify your compliance with these Terms.
82. THIRD PARTY BENEFICIARIES:
Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
By using the Services and accepting these Terms, you acknowledge that you have had an opportunity to review and understand all of these Terms, and confirm that you are in agreement with these Terms in their entirety. If at any time you do not agree to these Terms or any part of these Terms, you must immediately stop using the Services. Thank you for using Qarden.