Last Updated: June 09, 2023
Welcome to CoFounder App, owned and operated by Quark Club XYZ, Inc. d/b/a CoFounder App (”CoFounder App”, "cofounderapp.com”, “we”, “us”, “our”, or the “Company”). These Terms of Service (“Terms”) govern your access to and use of the CoFounder App mobile app (the “App”), website(s), and any other software, tools, features, or functionalities provided on or in connection with our services.
For purposes of these Terms, “user,” “you,” and “your” means you as the user of the Service. If you use the Service on behalf of a company or other entity, then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
BY CLICKING TO ACCEPT AND/OR USE OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 15 BELOW. THESE GOVERN THE MANNER IN WHICH CLAIMS WILL BE ADDRESSED BETWEEN YOU AND COFOUNDER APP. THESE PROVISIONS INCLUDE A MANDATORY PRE-ARBITRATION INFORMAL DISPUTE RESOLUTION PROCESS, AN ARBITRATION AGREEMENT, SMALL CLAIMS COURT ELECTION, CLASS ACTION WAIVER, ADDITIONAL PROCEDURES FOR MASS ARBITRATION FILINGS, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS TYPICALLY LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the
Terms of Service link while registering on the appand also on cofounderapp.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes to your rights or obligations, we will notify you in advance of the changes (unless we’re unable to do so under applicable law) by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement. You agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with CoFounder App, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.
You must be at least 18 years of age to create an account on CoFounder App and use the Service. By creating an account and using the Service, you represent and warrant that:
If at any time you cease to meet these requirements, all authorization to access our Service or systems is automatically revoked, and you must immediately delete your account.
In order to use CoFounder App, you may sign in using an Apple login, or any other social login that might be available to you on CoFounder App. If you choose to use your social login, you authorize us to access and use certain account information, including but not limited to your public profile on that social website.
CoFounder App is always striving to improve the Service and bring you additional functionality that you will find engaging and valuable. This means we may add new product features or enhancements from time to time and remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
CoFounder App may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and CoFounder App: Section 4, Section 5, and Sections 12 through 19.
6. Rights CoFounder App Grants You
CoFounder App grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by CoFounder App and permitted by this Agreement. This license and any authorization to access the Service are automatically revoked in the event that you do any of the following:
CoFounder App may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service, including termination of your account.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
7. Rights you Grant CoFounder App
By creating an account, you grant to CoFounder App a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, reformat, incorporate into other works, advertise, distribute, and otherwise make available to the general public information you authorize us to access from third parties such as Apple, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other members (collectively, “Content”). CoFounder App’s license to your Content shall be non-exclusive, except that CoFounder App’s license shall be exclusive with respect to derivative works created through the use of the Service. For example, CoFounder App would have an exclusive license to screenshots of the Service that include your Content. In addition, so that CoFounder App can prevent the use of your Content outside of the Service, you authorize CoFounder App to act on your behalf with respect to infringing uses of your Content taken from the Service by other members or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other CoFounder App members).
You agree that all information that you submit upon creation of your account, including information submitted from your Apple account, is accurate and truthful, and you have the right to post the Content on the Service and grant the license to CoFounder App above.
You understand and agree that we may monitor or review any Content you post as part of the Service. We may delete any Content, in whole or in part, that in our sole judgment, violates this Agreement or may harm the reputation of the Service.
When communicating with any CoFounder App employees, you agree to be respectful and kind. If we feel that your behavior towards any of our employees is at any time threatening, harassing, or offensive, we reserve the right to immediately terminate your account.
n consideration of CoFounder App allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to CoFounder App regarding our Service, you agree that CoFounder App may use and share such feedback for any purpose without compensating you.
You agree that CoFounder App may access, store, and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage, or disclosure satisfies a legitimate interest, including to (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
8. Community Rules
By using the Service, you agree that you will not:
CoFounder App reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service, or behaved in a way that CoFounder App regards as inappropriate or unlawful, including actions or communications that occur on or off the Service. In the event that you violate these rules, your authorization to use the Service will be automatically revoked.
9. Other Members’ Content
11. Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please submit a takedown request by contacting email@example.com.
f you contact us regarding alleged copyright infringement, please be sure to include the following information:
COFOUNDER APP PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COFOUNDER APP DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE, OR APPROPRIATE FOR YOUR PURPOSES.
COFOUNDER APP ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
COFOUNDER APP DISCLAIMS AND ASSUMES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER MEMBER, ON OR OFF THE SERVICE.
13. Third-Party Services
The Service may contain advertisements and promotions offered by third parties and links to other websites or resources. CoFounder App is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. CoFounder App is not responsible or liable for such third parties’ terms or actions.
14. Limitation of Liability
15. Dispute Resolution; Arbitration
Any Subsection in this Dispute Resolution Section that is prohibited by law shall not apply to the users residing in that jurisdiction.
16. Governing Law and Venue
17. Indemnity by You.
18. Entire Agreement; Other.