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Terms of Service

Effective Date: May 18, 2025

1. Introduction

Welcome to biq, an app and protocol that enables users to verify their real-world presence ("in real life" or IRL) using Bluetooth Low Energy (BLE) technology and contribute to a decentralized physical infrastructure network ("DePIN"). These Terms of Service ("Terms") govern your access to and use of the biq mobile application, website, and related services (collectively, the "Service"). By downloading, accessing, or using biq, you agree to be bound by these Terms. If you do not agree with any part of these Terms, do not use the Service. These Terms form a legally binding agreement between you (referred to as "you" or the "User") and biq (referred to as "biq", "we", "us", or "our"). You may not use biq if you are under 13 years of age. Use of the Service is also subject to our Privacy Policy, which is incorporated into these Terms by reference.

2. User Eligibility and Account Creation

Eligibility: You must be at least 13 years old to use biq. If you are between 13 and the age of legal majority in your jurisdiction, you affirm that you have the consent of your parent or legal guardian. Account Creation: To access certain features, you will need to create an account with accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Account Usage: You agree to use your account solely for personal use. You may not create multiple accounts, impersonate any person, or falsely represent your identity. biq reserves the right to refuse registration or cancel accounts that violate these Terms.

3. Acceptable Use and Prohibited Behavior

You agree to use the Service only for its intended purposes and in compliance with these Terms and all applicable laws. You will NOT engage in: Illegal Activities: Using biq for any unlawful purpose or in furtherance of illegal activities. Misrepresentation and Fraud: Falsifying your real-world presence or location, or attempting to circumvent the BLE verification process. Unauthorized Access: Using automated systems, scripts, or bots to access the Service, scrape data, or interfere with normal use. Interference and Disruption: Interfering with the normal operation of the Service or the DePIN network. Harassment: Using biq to stalk, harass, or harm another individual. Reverse Engineering: Copying, modifying, distributing, selling, or leasing any part of our software, or attempting to reverse engineer the source code. Unauthorized Commercial Use: Using the Service for commercial purposes not expressly approved by biq. User Safety: You are solely responsible for your conduct and surroundings when using biq. Do not endanger yourself or others in attempting to earn badges or points.

4. Digital Badges and In-App Points

biq may reward you with digital badges and in-app points based on your verified IRL activity. No Monetary Value: Badges and points have no monetary value. They cannot be redeemed for currency or real-world items. Non-Transferable: Badges and points are tied to your account and are non-transferable. You may not sell, trade, or transfer them. Administration of Rewards: biq reserves the right to manage, modify, or discontinue the badge and point system at its discretion, including the ability to add, remove, change, or revoke badges or points.

5. Intellectual Property Rights

All content, features, and materials provided through biq are owned by or licensed to biq and are protected by intellectual property laws. Limited License: Subject to your compliance with these Terms, biq grants you a personal, worldwide, royalty-free, non-exclusive, non-transferable, and revocable access to use the Service solely for lawful, personal, non-commercial purposes. Restrictions: You may not copy, reproduce, distribute, publicly perform, or create derivative works from any part of the Service without express written permission. Feedback: If you provide feedback or suggestions, you grant biq a perpetual, irrevocable, worldwide, sublicensable license to use and incorporate that feedback without restriction or compensation.

6. Termination and Suspension

By You: You may stop using the Service at any time and delete your account. By biq: We reserve the right to suspend or terminate your access at our discretion if you violate these Terms or engage in harmful behavior. Upon termination: Your right to access the Service immediately ceases. You may lose access to data, badges, points, and other virtual items. biq shall not be liable for termination of access or deletion of account data. Provisions that should survive termination (intellectual property, disclaimers, limitation of liability, dispute resolution) will survive.

7. Disclaimer of Warranties

biq is provided "as is" and "as available". Your use is at your own risk. To the maximum extent permitted by law, biq disclaims all warranties, whether express, implied, or statutory. We do not guarantee that the Service will meet your requirements, be available uninterrupted, or be error-free. Verification via BLE technology can be affected by factors outside our control. biq may rely on third-party services, devices, or decentralized network participants. We make no warranties regarding their performance or availability.

8. Limitation of Liability

To the fullest extent permitted by law, biq shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of the Service. Cap on Liability: biq's total liability for all claims shall not exceed the amount you paid to biq in the preceding 12 months, or USD $100, whichever is greater. Assumption of Risk: You acknowledge that verifying real-world presence may involve inherent risks. You assume all risks related to location-based activities through biq.

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the European Union. If you are a consumer in an EU Member State, you benefit from mandatory provisions of your local laws. Informal Dispute Resolution: Before initiating legal proceedings, please contact us at connect@biq.me to attempt informal resolution. Equitable Relief: Either party may seek urgent injunctive or equitable relief in any competent court when necessary to prevent imminent harm.

10. Changes to These Terms

biq may modify these Terms from time to time. When we make changes, we will update the "Effective Date" at the top. For material changes, we may provide additional notice. Continued use of the Service after updates constitutes acceptance of the revised Terms. If you do not agree, you must stop using biq and delete your account.

11. Contact Information

If you have any questions, concerns, or feedback about these Terms or the Service, please contact us at connect@biq.me. We will do our best to respond to your inquiry promptly.