End User License Agreement
IMPORTANT: PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SOFTWARE. BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA.
1. Grant of License
QBod LLC ("QBod") grants you a limited, non-exclusive, non-transferable, revocable license to:
- Download and install the Software on your personal mobile device
- Access and use the Software solely for your personal, non-commercial use
- Receive updates and upgrades as made available by QBod
This license is subject to your compliance with this EULA and the QBod Terms of Service.
2. License Restrictions
You may NOT:
- Copy, modify, adapt, translate, or create derivative works of the Software
- Reverse engineer, decompile, disassemble, or attempt to derive source code from the Software
- Rent, lease, lend, sell, sublicense, or transfer the Software to any third party
- Remove, alter, or obscure any proprietary notices (copyright, trademark, etc.) on the Software
- Use the Software for any unlawful, harmful, or fraudulent purpose
- Use the Software in any way that violates applicable laws or regulations
- Circumvent or disable any security features or usage limitations
- Access or use the Software to build a competitive product or service
- Use automated systems (bots, scrapers, crawlers) to access the Software
Violation of these restrictions may result in immediate termination of your license and legal action.
3. Ownership and Intellectual Property
3.1 Ownership
The Software and all intellectual property rights therein are and shall remain the exclusive property of QBod LLC and its licensors. This EULA does not transfer any ownership rights to you.
3.2 Trademarks
QBod, the QBod logo, and all related marks are trademarks or registered trademarks of QBod LLC. You may not use these marks without prior written permission.
3.3 Third-Party Software
The Software may include third-party open-source components subject to separate license terms. These components are identified in the Software documentation and app settings.
4. Updates and Modifications
QBod may provide updates, patches, bug fixes, or upgrades to the Software at its sole discretion. Updates may:
- Add, modify, or remove features
- Change the Software interface or functionality
- Require acceptance of revised terms
You may need to install updates to continue using the Software. Failure to install required updates may limit functionality or render the Software unusable.
5. Termination
5.1 Termination by You
You may terminate this EULA by uninstalling and ceasing all use of the Software.
5.2 Termination by QBod
QBod may terminate this EULA immediately if you violate any provision. Upon termination:
- Your license ends immediately
- You must uninstall and delete all copies of the Software
- You lose access to all Software features and data
- Sections 3 (Ownership), 6 (Disclaimer), 7 (Limitation of Liability), and 9 (General) survive termination
6. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, QBOD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:
- MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
- ACCURACY, RELIABILITY, OR COMPLETENESS
- NON-INFRINGEMENT of third-party rights
- UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION
- FREEDOM FROM VIRUSES, malware, or harmful components
YOU ASSUME ALL RISKS ASSOCIATED WITH USING THE SOFTWARE.
For health and fitness disclaimers, see the Medical Disclaimer.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, QBOD'S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF:
- (A) USD $100.00, OR
- (B) AMOUNTS PAID TO QBOD IN THE 12 MONTHS PRECEDING THE CLAIM
QBOD SHALL NOT BE LIABLE FOR:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOST PROFITS, DATA, OR BUSINESS OPPORTUNITIES
- PERSONAL INJURY OR PROPERTY DAMAGE (except where prohibited by law)
- THIRD-PARTY CLAIMS or actions
- SYSTEM FAILURES, data corruption, or loss
This limitation applies regardless of legal theory and even if QBod was advised of potential damages.
FOR EU USERS: Mandatory consumer law may limit these exclusions. In such cases, liability is limited to direct damages and amounts paid to QBod.
8. Export Compliance
The Software may be subject to U.S. export control laws and regulations. You agree not to:
- Export or re-export the Software to prohibited countries
- Provide the Software to prohibited parties (sanctioned entities, SDN list, etc.)
- Use the Software for prohibited end uses (weapons development, etc.)
You represent that you are not located in a sanctioned country and are not a prohibited party.
9. General Provisions
9.1 Governing Law
- U.S. Users: Texas law governs this EULA, without regard to conflict of law principles
- EU Users: Contract interpretation governed by Texas law; mandatory consumer protections apply
- Jurisdiction: Texas courts have exclusive jurisdiction (subject to mandatory consumer law)
9.2 Entire Agreement
This EULA, together with the QBod Terms of Service and Privacy Policy, constitutes the entire agreement regarding the Software and supersedes all prior agreements.
9.3 Severability
If any provision is found unenforceable, the remaining provisions continue in full effect.
9.4 No Waiver
QBod's failure to enforce any right does not constitute a waiver.
9.5 Assignment
You may not assign this EULA. QBod may assign this EULA to any successor or affiliate.
10. Contact Information
For questions about this EULA:
Email: support@qbod.fit
Mailing Address: QBod LLC