Terms of Service

These Terms of Service ("Terms") are a legal agreement between you and BLAQ CARDS INC. ("BLAQ CARDS," "CLIQ," "we," "us," or "our") governing your access to and use of the CLIQ mobile application, cliq.blaqcards.com, CLIQ Profiles, CLIQ Cards, software, features, and related services (collectively, the "Services").

By creating an account, accessing or using the Services, or otherwise indicating acceptance of these Terms, you agree to be bound by them. If you do not agree, do not use the Services.

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Services. You may not use the Services if applicable law prohibits you from doing so.

You agree to provide accurate information, maintain the confidentiality of your credentials, and take reasonable steps to secure your account. You are responsible for activity conducted through your account except to the extent caused by BLAQ CARDS or as otherwise required by law. Notify us promptly at cliq@blaqcards.com if you believe your account has been compromised.

We may offer sign-in through third-party providers such as Google or Apple. Your use of those providers is also subject to their terms and privacy practices.

CLIQ lets you create a profile containing information you choose to share. You are responsible for the accuracy, lawfulness, and appropriateness of information you publish. Information on a public CLIQ Profile may be accessible to anyone who has the profile URL or taps an associated CLIQ Card.

Do not publish confidential, highly sensitive, infringing, unlawful, or third-party information unless you have the right and authority to do so.

A CLIQ Card is a physical product that may use NFC technology, a QR code, or a URL to direct a compatible device to a CLIQ web experience. NFC performance depends on the receiving device, operating system, browser, antenna placement, settings, environmental conditions, and other factors outside our control. We do not guarantee that every device will interact with every CLIQ Card in every circumstance.

CLIQ may allow visitors to voluntarily submit contact information to a CLIQ account holder. If you receive lead information, you are responsible for using it lawfully and for complying with applicable privacy, anti-spam, telemarketing, and communications laws. Submission of information through CLIQ does not by itself authorize communications that would otherwise be unlawful.

CLIQ may let you display links or identifiers for third-party payment services such as PayPal, Venmo, Cash App, or Zelle. CLIQ does not operate those payment networks and does not receive, hold, settle, or guarantee funds merely because a link or identifier is displayed through CLIQ.

Payments are governed by the applicable third-party service's terms, eligibility rules, fees, fraud protections, and dispute procedures. You are responsible for confirming the recipient and transaction details before sending or requesting money.

You may not use the Services to:

• violate any law or regulation;
• infringe or misappropriate intellectual-property, privacy, publicity, or other rights;
• impersonate another person or organization or publish information you do not have the right to disclose;
• harass, threaten, defraud, deceive, exploit, or harm another person;
• send unlawful spam, phishing, fraudulent, or deceptive communications;
• distribute malware or malicious code;
• gain or attempt unauthorized access to accounts, systems, data, or infrastructure;
• probe, scan, or test vulnerabilities without written authorization;
• interfere with or disrupt the Services or circumvent security or access controls;
• manipulate analytics, engagement measurements, or other product metrics;
• reverse engineer the Services except where such restriction is prohibited by law; or
• assist another person in doing any of the foregoing.

"User Content" means information, text, images, links, profile data, QR images, and other material you upload or submit through the Services. As between you and BLAQ CARDS, you retain ownership of your User Content.

You grant BLAQ CARDS a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, display, transmit, resize, format, and otherwise use your User Content only as reasonably necessary to provide, operate, secure, support, and improve the Services and to comply with law. This license ends when the relevant User Content is deleted from active systems, except to the extent continued retention is permitted or required for backups, security, legal compliance, dispute resolution, or other lawful purposes.

You represent and warrant that you have the rights necessary to submit User Content and grant the license described above.

The Services, including CLIQ software, platform design, interfaces, branding, trademarks, logos, documentation, and other materials provided by BLAQ CARDS, are owned by BLAQ CARDS or its licensors and are protected by applicable intellectual-property laws. Except for the limited right to use the Services under these Terms, no rights are transferred to you.

Physical CLIQ Card purchases may be processed through BLAQ CARDS' Shopify storefront or another designated sales channel. Pricing, shipping, return, warranty, customization, and fulfillment terms presented during the physical-product purchase apply to that transaction. If separate BLAQ CARDS store or product terms are presented, those terms also apply to the physical-product purchase and control in the event of a conflict concerning that transaction.

CLIQ may offer free and paid features. If you purchase a paid plan, the price, billing period, renewal terms, included features, cancellation method, and any trial or refund terms shown to you at the time of purchase are incorporated into these Terms.

We will not charge you for an automatically renewing subscription unless the applicable purchase flow clearly discloses the recurring nature and material terms before purchase and obtains any consent required by law. You may cancel through the account-management method provided for that subscription. Cancellation stops future renewal as described at purchase and does not retroactively refund completed charges except where required by law or expressly stated at purchase.

Our Privacy Policy explains how we collect, use, disclose, retain, and protect personal information and is incorporated into these Terms by reference.

The Services may link to or integrate with third-party services. Third parties operate independently from BLAQ CARDS, and their own terms and privacy policies govern your use of them. We are not responsible for third-party services, content, availability, acts, or omissions except to the extent liability cannot lawfully be excluded.

You may stop using the Services at any time and may delete your account using the self-service deletion functionality we provide.

We may suspend, restrict, or terminate access when we reasonably believe you materially violated these Terms, used the Services unlawfully or fraudulently, created a security or safety risk, materially interfered with the Services or another user, or exposed BLAQ CARDS or others to significant legal liability. Where reasonable under the circumstances, we may provide notice or an opportunity to correct the issue before termination. We may act immediately when reasonably necessary to address security, fraud, unlawful conduct, or imminent harm.

We may modify, improve, add, remove, suspend, or discontinue features from time to time. We do not guarantee that every feature will remain available indefinitely. If we discontinue a material paid service, remedies will be governed by applicable law and any specific terms presented with that service.

To the maximum extent permitted by law, the Services are provided "as is" and "as available." BLAQ CARDS disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement to the extent those warranties may lawfully be disclaimed.

We do not warrant that the Services will always be available, uninterrupted, secure, or error-free; that every device will support NFC or other CLIQ features; that third-party links or services will remain available; that analytics will be completely accurate; or that the Services will meet every particular business, marketing, or financial objective.

Some states do not allow certain warranty exclusions, so some or all of this section may not apply to you. Nothing in these Terms excludes warranties or rights that cannot legally be excluded.

To the maximum extent permitted by law, BLAQ CARDS and its officers, directors, employees, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business, goodwill, or data, arising out of or relating to the Services.

To the maximum extent permitted by law, BLAQ CARDS' aggregate liability arising out of or relating to the Services will not exceed the greater of (a) the amount you paid to BLAQ CARDS for the applicable CLIQ service during the 12 months before the event giving rise to the claim or (b) US $100.

These limitations do not apply to liability that cannot legally be limited or excluded, and they do not affect statutory consumer rights that cannot be waived.

To the extent permitted by law, you agree to defend, indemnify, and hold harmless BLAQ CARDS and its affiliates, officers, directors, and employees from third-party claims, liabilities, damages, losses, and reasonable expenses arising from your unlawful use of the Services, your User Content, your material violation of these Terms, or your violation of another person's rights. This obligation does not apply to the extent a claim was caused by BLAQ CARDS' own unlawful conduct.

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except where applicable consumer law requires otherwise. Unless applicable law permits or requires another venue, court proceedings arising from these Terms will be brought in a state or federal court with appropriate jurisdiction in Los Angeles County, California.

We do not require mandatory arbitration or a class-action waiver under these Terms. Nothing in this section limits any non-waivable right you may have under applicable consumer law.

We may update these Terms from time to time. If a change is material, we will provide notice as required by law. The updated Terms will identify their effective date. Your continued use of the Services after updated Terms become effective constitutes acceptance to the extent permitted by law.

You consent to receive notices and transactional communications electronically, including by email and through the Services, where permitted by law. You may retain copies of electronic notices for your records. Marketing communications, if offered, are governed by separate consent and opt-out requirements.

If a provision of these Terms is found unenforceable, the remaining provisions remain in effect to the maximum extent permitted by law. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent except where law provides otherwise. We may assign these Terms in connection with a merger, acquisition, reorganization, financing, or sale of relevant assets.

These Terms, the Privacy Policy, and any additional terms presented for a specific product, feature, or transaction constitute the agreement between you and BLAQ CARDS regarding the Services covered by those terms.

California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 800-952-5210 or 800-735-2929 (TTY).

BLAQ CARDS INC.
CLIQ by BLAQ CARDS
315 W Verdugo Ave, Suite C
Burbank, California 91502
Email: cliq@blaqcards.com