QV.AC Terms of Use

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS MOBILE OR DESKTOP APPLICATION FOR INTERFACING WITH LARGE LANGUAGE MODELS (“QV.AC”).

PLEASE REVIEW THE ARBITRATION PROVISION SET FORTH BELOW CAREFULLY, AS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IT WILL REQUIRE ALL PERSONS TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION AND TO WAIVE ANY RIGHT TO PROCEED AS A REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. BY ACCESSING, DOWNLOADING OR USING QV.AC, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS ARBITRATION PROVISION AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

THESE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND TETHER DATA (AS DEFINED BELOW). BY ACCESSING, DOWNLOADING OR USING QV.AC, YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR OTHER REFERENCED DOCUMENTATION, YOU MUST CEASE TO ACCESS OR USE QV.AC. IF YOU ARE USING QV.AC ON BEHALF OF ANOTHER PERSON OR ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS.

What's in these Terms?

These Terms tell you the rules for using QV.AC. We recommend printing a copy of these Terms for future reference.

These Terms should be read in conjunction with the privacy statementfor QV.AC (the “Privacy Statement”). In the event of any conflict or inconsistency between these Terms and any other pages, policies, terms, conditions, licenses, limitations, or obligations contained or referenced in these Terms, or any other agreements between you and us or third parties, these Terms shall prevail as they relate to your use of, or access to, QV.AC.

Click on the links below to go straight to more information on each area:

1. Who we are and how to contact us
2. Description of QV.AC
3. System requirements
4. Using QV.AC
5. We may make changes to these Terms
6. We may make changes to QV.AC, including based on your feedback
7. We may suspend or withdraw QV.AC
8. We may transfer these Terms to someone else
9. QV.AC is not for certain users
10. We are not responsible for Agents or websites we link to
11. Our responsibility for loss or damage suffered by you
12. We are not responsible for viruses
13. Injunctive relief
14. Indemnity
15. Application Store Additional License Terms
16. General (including mandatory arbitration)
17. Our trademarks

1. Who we are and how to contact us

QV.AC is made available by Tether Data S.A. de C.V. (“we”, “us”, “our”, and “Tether Data”), an El Salvador Sociedad Anonima de Capital Variable with an address at Colonia Escalón, 87 Avenida Norte, Calle el Mirador, Edificio Torre Futura, Oficina 06, Nivel 11, San Salvador, El Salvador. To contact us, please email data-apps@tether.io.

2. Description of QV.AC

We have developed and released the software application called ‘QV.AC’ that is intended to function as a user-facing AI assistant interface, providing tools which allow users to interface with one or more large language models (each an “Agent” and collectively “Agents”) that you independently select, download, and run on your device, and that have been developed and made available by third parties. QV.AC does not itself contain or operate any artificial intelligence model, it serves solely as an interface through which you may interact with Agents that you have chosen to install. QV.AC additionally includes a delegation feature that enables peer-to-peer model execution across selected user devices, whereby a user's QV.AC instance may act as either a host by receiving and responding to requests from other devices, or a client by initiating requests to other devices, in each case to interface with the Agents of the host (“Delegation”). To allow connections from other QV.AC instances (“Peers”), a host must explicitly authorize such connections, whether these are Peers under your control or third parties. Through QV.AC, users can then interact with the Agents including by providing inputs to the Agents (the “Input”) and receive a response from the Agents (the “Output”). QV.AC was originally developed by us, and certain versions are available for use on a fee-free basis, subject to these Terms.

3. System requirements

Use of QV.AC requires one or more compatible devices, internet access (fees may apply), and may require obtaining updates or upgrades from time to time. Use of Delegation requires multiple compatible devices and network connectivity between them. Because use of QV.AC involves hardware, software, and internet access, your ability to access and use QV.AC on it may be affected by the performance of these factors. High-speed internet access is recommended. You acknowledge and agree that such system requirements, which may change from time to time, are your responsibility.

4. Using QV.AC

4.1. How you may use material on QV.AC

We or our licensors own all right, title and interest, including intellectual property rights in and to QV.AC and in the material accessible through it. We do not own, control, operate, or have any responsibility for any Agent or the Outputs generated by any Agent. You must only obtain and use Agents that are lawfully available to you. As between you and us, and subject to any conditions on your use of Outputs, including in any licensing terms applicable to the Agents or set out under these Terms, you will own all right, title and interest, including intellectual property rights to any Outputs.

We grant you a personal, non-assignable license to use QV.AC for your own internal use. If you exceed your authorized use of QV.AC, you may be required to cease using it and, at our option, return or destroy any copies of the materials you have made. In addition, your right to continue accessing QV.AC is subject to your continued compliance with these Terms.

All rights not otherwise granted under these Terms are reserved.

You must not sub-license, sell, rent, lend, lease or distribute QV.AC, or otherwise make QV.AC available to any third parties for commercial purposes, including as part of a commercial product or service, without obtaining a licence to do so from us or our licensors. You are solely responsible for determining which Peers you authorize to connect to your QV.AC instance when using Delegation and are responsible for the activities of such Peers and the computing resources such Peers may consume, which may be significant.

4.2. Content Submitted by You

QV.AC allows you to download one or more Agents and interact with those Agents by submitting content, including Input. You are solely responsible for that content, including whether you need the consent of any third party to use and distribute that content. We shall not be liable for any content submitted to QV.AC or any Output you receive from an Agent through your use of QV.AC.

4.3. Use Restrictions

You must access and use QV.AC and any Agent you interact with through QV.AC only in compliance with all applicable laws, regulations and third-party rights and in accordance with these Terms. You agree to, and will not attempt to circumvent, such limitations. Without limiting the foregoing, you will not use QV.AC or any Agent you interact with through QV.AC (each of the following, “Objectionable Conduct”):

• in a manner that infringes on our or any third party's intellectual property rights or rights of publicity or privacy, including by submitting any content that infringes any such rights;
• in a manner that is defamatory, trade libelous, threatening, or harassing;
• to modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of QV.AC;
• to engage in activity that is illegal, fraudulent, false, or misleading;
• to copy any features, functions or graphics of QV.AC;
• to generate Output that is harassing, libelous, threatening, obscene, indecent, or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute: (1) a criminal offense under any applicable law or regulation, (2) violence, (3) terrorism, (4) endangerment, (5) harm, (6) abuse, (7) exploitation to individuals, (8) discrimination on any ground prohibited by applicable law, such as racial, religious or ethnic grounds, or (9) any other actions generally viewed as inappropriate or offensive;
• to use any Output you receive from an Agent you interact with through QV.AC in any way that could have an important impact on any person (including yourself, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about that person (including yourself);
• to provide any software, content or code that does or is intended to harm or extract information or data from QV.AC, any Agent you interact with through QV.AC or other hardware or software;
• to in violation of any of our policies or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio recordings, and you agree that you are solely responsible for compliance with all such laws and regulations;
• in a manner that otherwise violates, or encourages or promotes the violation of, any applicable law or third party right; or
• to use Delegation to: (i) permit unauthorized third parties to access or use QV.AC, which includes accessing the QV.AC from a client other than a Peer; or (ii) circumvent any license restrictions set out in these Terms.

We have no tolerance for Objectionable Conduct or users who abuse the use of QV.AC in contravention of these Terms.

You must ensure that any use by you of QV.AC is not Objectionable Conduct. If we determine or suspect that you have engaged in any Objectionable Conduct, we may address such Objectionable Conduct through an appropriate sanction, in our sole and absolute discretion. Such sanction may include, without limitation, making a report to any government, law enforcement, or other authorities, without providing any notice to you about any such report.

4.4. No Representations and Warranties

We make no representations, warranties, covenants or guarantees to you of any kind and, to the extent permitted by applicable laws, we expressly disclaim all representations, warranties, covenants or guarantees, express, implied or statutory, with respect to QV.AC. QV.AC is offered strictly on an as-is, where-is basis and, without limiting the generality of the foregoing, is provided without any representation, warranty or condition: (i) as to merchantability, merchantable quality, or fitness for any particular purpose, (ii) that QV.AC or any Agent will be operational, error-free, secure, confidential, reliable, or safe, (iii) that QV.AC or any Agent will function without disruptions, delays or imperfections, (iv) that the content on QV.AC, including Output, will be complete, reliable, or accurate; or (v) that Delegation will successfully coordinate model execution across devices or that Peer connections will be secure, uninterrupted, or free from unauthorized access.

4.5. Inherent Limitations of Artificial Intelligence

QV.AC allows you to interact with Agents which are artificial intelligence and machine learning technologies developed by third parties. You understand that while the use of artificial intelligence and machine learning enables the generation of Outputs by the Agents you interact with through QV.AC, it also involves inherent limitations and risks. These include:

• the potential for inaccurate, incomplete or misleading Outputs (including so called hallucinations);
• the risk that Outputs may contain biases, cultural insensitivities, be contextually inappropriate or offensive;
• the risk that the Agent may not have understood the Inputs;
• the possibility of errors relating to QV.AC and the Agent not properly communicating or interfacing with each other including because of errors communicating the Inputs to the Agent or displaying the Outputs from the Agent;
• the risk that QV.AC or the Agent may not provide any Output at all; and
• the risk that use of Delegation to coordinate model execution across devices may introduce latency, synchronization errors, or coordination failures that affect model execution or the quality, accuracy, or availability of Outputs.

You further agree that Agents accessed through QV.AC are not intended, and cannot be, a replacement or substitute for qualified professional advice. You must consider and evaluate Output including for accuracy. You assume full responsibility for any reliance and use of the Outputs and agree that any such reliance and use is entirely at your own risk.

4.6. Third-Party Services

You acknowledge and agree that an Agent or QV.AC may interact with, connect to, or utilize third-party products, services, applications, websites, content, data sources, or integrations (collectively, “Third-Party Services”) in the course of its operation, including by accessing external systems, transmitting data to or receiving data from such Third-Party Services, or taking actions on your behalf in connection with Third-Party Services.

Your use of Third-Party Services is entirely at your own risk and Tether Data makes no representations, warranties or guarantees about, accepts no liability for and is not able to control, any Third-Party Services, including as to the privacy, security, or other practices relating to any Third-Party Services. Any interaction by you with such Third-Party Services, including any exchange of data between you and any provider of a Third-Party Service is solely between you and the applicable Third-Party Service provider including through default settings, integrations, connections or features made available by Tether Data.

In addition to these Terms, your use of Third-Party Services may be subject to additional terms, conditions and policies required by the providers of such Third-Party Services. Tether Data and its affiliates (a) owe you no duty of care with respect to such Third-Party Services and undertake no responsibility, (b) may have certain actual or potential conflicts of interest related to the decision to support or not support a Third-Party Service, and (c) are not responsible for the accuracy or reliability of any information contained in Third-Party Services or its assets, products or services. Further, Tether Data and its affiliates may be counterparties to any transaction through Third-Party Services without your knowledge. Without limiting the generality of any other disclaimer or limitation of liability in these Terms, we do not warrant or support Third-Party Services or other third party products, offerings or services, and we shall not be responsible or liable for Third-Party Services, including any disclosure, destruction, modification or deletion of your data resulting from access to such Third-Party Services.

By using QV.AC or any Agent, you acknowledge and accept the risks associated with Third-Party Services, including the risk that Third-Party Services may not operate as expected, may collect, process, or share your data, and may be modified or discontinued without notice. You are solely responsible for reviewing and complying with any terms, conditions, or policies applicable to Third-Party Services and for any consequences arising from an Agent’s interaction with such Third-Party Services.

5. We may make changes to these Terms

We amend these Terms from time to time. Every time you wish to use QV.AC, please check these Terms to ensure you understand the terms that apply at that time. When we do this, we will post the revised Terms on this page and indicate the date of such amendments. Your continued use of QV.AC will constitute your agreement to the revised Terms.

6. We may make changes to QV.AC, including based on your feedback

We may update and change QV.AC from time to time and without notice to you.

If you provide feedback or suggestions about QV.AC or any content available on or through QV.AC, then we may act on that feedback or those suggestions on an unrestricted basis and without any obligations to you (including any obligation to compensate or give attribution to you or to keep that feedback confidential).

7. We may suspend or withdraw QV.AC

We do not guarantee that QV.AC or any content on it will always be available or uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of QV.AC for any reason.

8. We may transfer these Terms to someone else

These Terms, and any of the rights, duties, and obligations contained or incorporated herein, are not transferable by you without our prior written consent, and any attempt by you to transfer these Terms without such consent will be void.

We are permitted to transfer (or assign) these Terms and any of the rights, duties, and obligations contained herein, in whole or in part, to another organisation without notice or your consent.

9. QV.AC is not for certain users

As a condition of your use of QV.AC, you must be at least the age of majority in your jurisdiction to use QV.AC.

10. We are not responsible for Agents or websites we link to

Where QV.AC contains links to other sites and resources provided by third parties or affiliates, these links are only provided for your information. Where QV.AC includes links to certain Agents, these links are provided for your information only and those Agents are provided by third parties. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. It is expressly not an endorsement or approval of any particular Agent. Where Agents are presented to you, it is based on your particular device's capabilities, not the Agent's capabilities.

Where the Agent you are interacting with through QV.AC provides links to other sites and resources provided by third parties or affiliates, these links are only provided for your information. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources, or their privacy settings, policies and/or procedures. You are solely responsible for reviewing the information provided by those sites or resources.

11. Our responsibility for loss or damage suffered by you

We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. In addition, some jurisdictions do not allow us to exclude or limit our liability as described in this paragraph. If you are located in one of these jurisdictions, this paragraph may not apply to you and you may have additional rights.

To the fullest extent permitted by applicable law, we exclude all implied conditions, warranties, representations or other terms that may apply to QV.AC or any content on or available through it, including any Agent or any Output. Without limiting the foregoing, we expressly disclaim any responsibility for any Output generated by any Agent you interact with through QV.AC.

To the fullest extent permitted by applicable law, in no event will our liability to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable or if we are informed of the possibility of such loss or damage, arising under or in connection with these Terms, your use of, or inability to use, QV.AC, or any content available on or through QV.AC, including any Agent or any Outputs, exceed US$100.

To the fullest extent permitted by applicable law, we will not be liable to you for the following, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable or advised of the possibility thereof:

• personal injury or death;
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

12. We are not responsible for viruses

We do not guarantee that QV.AC, any Agents (including any Agent accessed through QV.AC), Delegation, any Peer connections, or any content on it will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access QV.AC and any Agents you choose to interact with using QV.AC. You are also responsible for securing your network and any devices that connect via Delegation. You should use your own virus protection software.

13. Injunctive relief

You acknowledge that any use of QV.AC contrary to these Terms, or any unpermitted transfer, sublicensing, copying or disclosure of technical information or materials related to QV.AC, may cause irreparable injury to us or our affiliates. Under such circumstances, we or our affiliates will be entitled to equitable relief without posting a bond or other security, including, but not limited to, preliminary and permanent injunctive relief.

14. Indemnity

You agree that you will compensate Tether Data (and our employees, contractors, directors, officers, agents, affiliates and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees, we incur as a result of any breach by you of these Terms, including as a result of engaging in Objectionable Conduct, or any liability we incur because of the use of QV.AC by you or on your behalf (including your use of Delegation and any Peer connections you authorize), including any Output you generate or content you submit to QV.AC (including Input), any action taken by an Agent based on your instructions, and any integrations with Third-Party Services.

You are also responsible for ensuring that all persons who access QV.AC through your internet connection are aware of these Terms and other applicable terms and conditions and that they comply with them.

15. Application Store Additional License Terms

15.1. Apple Application Store License Agreement Terms:If you are accessing or using QV.AC we make available for download from the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) application store (the “QV.AC App for iOS”) the terms and conditions set forth in this paragraph 15.1 (the “Apple License Terms”) apply to you in respect of your access to or use of the QV.AC App for iOS: (i) these Terms are concluded between you and Tether Data, and not with Apple, and Apple is not responsible for the QV.AC App for iOS or the content thereof; (ii) notwithstanding anything to the contrary herein, you may use the QV.AC App for iOS only on an Apple branded product that you own or control; (iii) you acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the QV.AC App for iOS; (iv) in the event of any failure of the QV.AC App for iOS to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the QV.AC App for iOS (if any) to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the QV.AC App for iOS, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms; (v) any claim in connection with the QV.AC App for iOS related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms, and Apple is not responsible for any such claim; (vi) any third party claim that the QV.AC App for iOS or your possession and use of the QV.AC App for iOS infringes that third party's intellectual property rights will be governed by these Terms, and Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; (vii) you represent and warrant that you are not: (a) located in any country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) listed on any U.S. government list of prohibited or restricted parties; (viii) you may contact Tether Data in writing regarding any questions, complaints or claims with respect to the QV.AC App for iOS by email to data-apps@tether.io; (ix) you must comply with any applicable third-party terms of agreement when using the QV.AC App for iOS; and (x) Apple is a third party beneficiary to these Apple License Terms and may enforce these Apple License Terms against you.

15.2. Google Play Additional License Terms:If you are accessing or using QV.AC we make available for download from the ‘Google Play’ application store made available by Google LLC (Google LLC together with all of its affiliates, “Google”, such application the “QV.AC App for Android”) the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms in respect of your access to or use of the QV.AC App for Android: (i) these Terms are concluded between you and Tether Data, and not with Google and Google is not responsible for the QV.AC App for Android or the contents thereof; (ii) you acknowledge that Google has no obligation to furnish any maintenance or support services with respect to the QV.AC App for Android; (iii) to the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the QV.AC App for Android, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms; (iv) any claim in connection with QV.AC App for Android related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms, and Google is not responsible for any such claim; (v) any third party claim that the QV.AC App for Android or your possession and use of the QV.AC App for Android infringes that third party's intellectual property rights will be governed by these Terms, and Google will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim; (vi) you must comply with any applicable third-party terms of agreement when using the QV.AC App for Android; and (vii) you may contact Tether Data in writing regarding any questions, complaints or claims with respect to the QV.AC App for Android by email to data-apps@tether.io.

16. General (including mandatory arbitration)

16.1. Entire Agreement: These Terms constitute the entire agreement between you and Tether Data and supersede any prior agreements between you and Tether Data. You may also be subject to additional terms of service that may apply when you use affiliate or third-party services, third-party content or third-party software.

16.2. Governing Law: These Terms shall be governed by and construed and enforced in accordance with the laws of the British Virgin Islands and shall be interpreted in all respects as a British Virgin Islands contract. Any transaction, dispute, controversy, claim or action arising from or related to your access or use of QV.AC or these Terms shall be governed by the laws of the British Virgin Islands, exclusive of choice-of-law principles.

16.3. Force Majeure:We are not responsible for damages caused by delay or failure of QV.AC or of Tether Data to perform undertakings under these Terms when the delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state's enemies; disease pandemics; acts of any government or government official; computer, server, protocol or internet malfunctions; internet disruptions, viruses, and mechanical power, or communication failures; security breaches or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of other persons; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against by us or that are otherwise outside of our control (“Force Majeure Events”). We are excused from any and all performance obligations under these Force Majeure Events.

16.4. Mandatory Arbitration:

Some jurisdictions do not allow mandatory arbitration, prohibitions against class actions or governing law and forums other than where the individual consumer is located. If you are resident in one of these jurisdictions, this paragraph 16.4 may not apply to you and you may have additional rights.

Except for excluded claims described below, you and we each agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of QV.AC at any time, will be subject to and finally resolved by confidential, binding arbitration and not in a class, representative or consolidated action or proceeding. If you are subject to the laws of the United States of America, the interpretation and enforceability of this arbitration provision will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. Arbitration will be conducted through the use of videoconferencing technology (unless both arbitration parties agree that an in-person hearing is appropriate given the nature of the dispute) before a single arbitrator in accordance with the International Institute for Conflict Prevention and Resolution International Non-Administered Arbitration Rules, as amended from time to time (the “CPR Rules”). The sole arbitrator selected by the arbitration parties must be a licenced attorney in England and Wales or the British Virgin Islands with at least fifteen (15) years of experience in commercial disputes. If the arbitration parties do not jointly appoint the arbitrator within thirty (30) days of the commencement of the arbitration, any vacancies will be filled by an arbitrator meeting the above qualifications selected by the International Institute for Conflict Prevention and Resolution. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. If the arbitral parties do not promptly agree to the seat of arbitration if an in-person hearing is selected, the seat will be London, United Kingdom. The language of the arbitral proceedings will be English. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys' fees when authorized by law, and the arbitral decision may be enforced in court. For claims less than $15,000, we will reimburse you for all initiating filing fees. Should you be deemed the losing party, the filing fees reimbursed by us will be added to the final arbitrator's costs and fees award. The prevailing party will be entitled to its costs of the arbitration (including the arbitrator's fees) and its reasonable attorney's fees and costs.

The following claims and causes of action will be excluded from arbitration as described in the paragraphs above: causes of action or claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of its intellectual property, including without limitation copyrights, trademarks, trade names, trade secrets, or patents or its confidential information or private data. Nothing in this paragraph 16.4 will prevent us from seeking any other form of injunctive relief in any court of competent jurisdiction, whether or not interim relief has also been sought from the arbitrator.

The arbitrator will have the power to hear and determine challenges to its jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement. This authority extends to jurisdictional challenges with respect to both the subject matter of the dispute and the parties to the arbitration. Further, the arbitrator will have the power to determine the existence, validity, or scope of the contract of which an arbitration clause forms a part. For the purposes of challenges to the arbitrator's jurisdiction, each clause within this paragraph will be considered separable from any contract of which it forms a part. Any challenges to the jurisdiction of the arbitrator, except challenges based on the award itself, will be made not later than the notice of defense or, with respect to a counterclaim, the reply to the counterclaim; provided, however, that if a claim or counterclaim is later added or amended such a challenge may be made not later than the response to such claim or counterclaim as provided under CPR Rules.

You and we expressly intend and agree that: (a) class action and representative action procedures are hereby waived and will not be asserted, nor will they apply, in any arbitration pursuant to these Terms; (b) neither you nor we will assert class action or representative action claims against the other in arbitration or otherwise; (c) each of you and us will only submit our own, individual claims in arbitration and will not seek to represent the interests of any other person, or consolidate claims with any other person; (d) nothing in these Terms will be interpreted as your or our intent to arbitrate claims on a class or representative basis; and (e) any relief awarded to any one user of QV.AC cannot and may not affect any other user. No adjudicator may consolidate or join more than one person's claims and or otherwise preside over any form of a consolidated, representative, or class proceeding.

You, we and any other arbitration parties will maintain the confidential nature of the arbitration proceeding and any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

16.5. JURY TRIAL WAIVER: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO THESE TERMS OR ANY BREACH THEREOF, ANY USE OR ATTEMPTED USE OF QV.AC BY YOU, AND/OR ANY OTHER MATTER INVOLVING YOU AND US.

16.6. Severability:If an adjudicator of competent jurisdiction finds any provision of these Terms to be (or are otherwise) invalid, you nevertheless agree that the adjudicator should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these terms shall remain in full force and effect.

16.7. Waiver; Available Remedies: If you breach these Terms and we choose to ignore your breach, we shall still be entitled to use our rights and remedies at a later date or in any other circumstances where you breach these Terms again. Our and our affiliates remedies are cumulative and not exclusive of any other remedy conferred by the provisions of these Terms, or by law or equity.

16.8. Electronic Communications; Acceptance: You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures that we may provide in connection with these Terms through publication on any part of QV.AC. Such notices shall be deemed effective and received by you on the date on which the notice is published on any part of QV.AC. These Terms may be accepted electronically, and it is the intention of the parties that such acceptance shall be deemed to be as valid as an original signature being applied to these Terms.

17. Our trademarks

‘QV.AC’ and ‘Tether’ are trademarks used by Tether Data under license. You are not permitted to use them without approval unless they are part of the material you are using as permitted under paragraph 4.1 (How you may use material on QV.AC).