Terms of Service

1 · Acceptance of these Terms

These Terms of Service, together with our Privacy Policy, Community Guidelines, and Photo Guidelines (each incorporated here by reference), govern your access to and use of the Qlub mobile application, our websites, and any related features, content, and services (together, the “Service”).

By creating an account, tapping “I agree,” or otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and by all documents incorporated by reference. If you are using the Service on behalf of an organization or business, you represent that you are authorized to bind that entity, and “you” refers to that entity.

2 · Eligibility & who can use Qlub

Qlub is an 18+, adults-only community. You may use the Service only if you:

• are at least 18 years old (or the age of majority in your jurisdiction, if higher);
• can form a legally binding contract with us;
• are not barred from using the Service under the laws of the United States or any other applicable jurisdiction, and are not located in a country subject to a U.S. Government embargo or designated as a “terrorist-supporting” country;
• are not on any U.S. Government list of prohibited or restricted parties;
• have never been convicted of, or pleaded no contest to, a felony, a sex crime, or any crime involving violence, and are not required to register as a sex offender with any government entity; and
• will comply with these Terms and all applicable laws.

If you do not meet every requirement, you may not access or use the Service. We may require you to verify your age and may terminate accounts we reasonably believe belong to minors or ineligible users.

3 · Your account

To use most features, you must create an account using an email address and password or a supported single sign-on (such as Sign in with Apple). You agree to provide accurate, current, and complete information and to keep it updated.

You are responsible for safeguarding your login credentials and for all activity that occurs under your account. Keep your password confidential, don’t share your account, and notify us immediately at support@qlubapp.com if you suspect unauthorized use. You may create one account for yourself; you may operate additional profiles (“personas”) within your account only as the Service permits. We are not liable for any loss arising from unauthorized use of your account.

4 · License to use the Service

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the Qlub app on a device you own or control, and to access the Service, solely for your own personal, non-commercial use (except that businesses and organizations may use the Service to maintain a listing or profile as intended).

The Service is provided as an information and community platform: Qlub helps you discover LGBTQ+-owned and -affirming places, events, groups, hangouts, spots, and people, and to connect with them. We do not endorse, and are not responsible for, any listing, venue, event, organizer, or user.

5 · Community rules & acceptable use

Our Community Guidelines and Photo Guidelines are part of these Terms. You agree to follow them everywhere on Qlub — profiles, listings, events, groups, hangouts, spots, posts, and messages. You will not, and will not help or permit anyone else to:

• break the law, or use the Service for any unlawful, harmful, fraudulent, or infringing purpose;
• harass, threaten, bully, stalk, defame, or intimidate anyone; incite or promote hatred or violence; or engage in racism, transphobia, biphobia, homophobia, or other discrimination — including within our own community;
• post or send content that is unlawful, hateful, harassing, sexually explicit, pornographic, obscene, violent, or otherwise violates our Guidelines;
• post, request, or share any content that sexualizes, endangers, or exploits minors, or that facilitates human trafficking — this results in immediate removal and reporting to authorities and NCMEC as required by law;
• “out” anyone, reveal another person’s private, identifying, orientation, gender, or location information without consent, or screenshot or redistribute private messages;
• impersonate any person or entity, create fake or misleading profiles, listings, reviews, claims, or RSVPs, or misrepresent your affiliation;
• send spam, chain messages, or unsolicited advertising; run scams; solicit money, gifts, or financial information; or promote commercial sexual services;
• collect, scrape, harvest, or store other users’ data; use bots, crawlers, or automated means to access the Service; or reverse-engineer, decompile, or attempt to derive our source code;
• introduce malware, interfere with or disrupt the Service, probe or breach our security or authentication, or place undue load on our infrastructure;
• use the Service to promote a competing service, or copy, frame, mirror, sell, rent, or commercially exploit any part of the Service without our written permission.

We may investigate and take any action we consider appropriate for a suspected violation, including the steps described in Section 7.

6 · Your content & the license you give us

You may create, upload, post, or share text, photos, listings, and other content (“User Content”). As between you and Qlub, you retain the ownership rights you already hold in your User Content. You are solely responsible for your User Content and for the consequences of sharing it.

By making User Content available through the Service, you grant Qlub a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, cache, reproduce, adapt, resize, publish, publicly display, distribute, and otherwise use that content in connection with operating, providing, improving, moderating, and promoting the Service, consistent with your privacy settings and our Privacy Policy. This license ends when you delete your User Content or your account, except that (a) it survives to the extent others have shared or saved your content, and (b) we may retain residual copies as needed for legal, safety, backup, or moderation purposes for a reasonable period.

You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to your User Content and to grant this license, that it does not infringe or violate the rights of any third party or any law, and that any person depicted has consented to its use.

Feedback

If you send us ideas, suggestions, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and act on them freely, without any obligation or compensation to you.

7 · Content moderation & enforcement

We are not obligated to monitor User Content, but we may review, screen, moderate, edit, refuse, restrict, or remove any content, and suspend or terminate any account, at our discretion and without notice — for example, if we believe it violates these Terms, our Guidelines, or the law, or could harm users, third parties, or Qlub.

We use automated tools together with human review to help keep Qlub safe. Uploaded images are automatically screened for adult or illegal content before they are shown publicly, and public text you write may be screened for prohibited content before it is published. These systems can make mistakes; a decision may be reviewed by a person, and you can contact us to appeal at support@qlubapp.com.

You can report content or users through the in-app report and block tools. We review reports but do not promise any particular outcome or response time.

8 · Business listings, claims & ownership

Qlub includes listings for businesses, organizations, and community spaces. Some are curated by us from public sources; others are created or claimed by users. If you claim or edit a listing, you represent that you are the owner or an authorized representative of that business or organization and that your information is accurate.

We do not independently verify listings, claims, ownership, or the accuracy of business information, and a verification badge is not a guarantee. We may grant, deny, revoke, or reassign a claim, and remove or modify a listing, at our discretion. Curated listing information is provided for community discovery; if you operate a business and want a listing changed or removed, contact us at support@qlubapp.com.

9 · Location features

Qlub uses your device location to show nearby places, events, and — if you opt in — nearby people, and to power check-ins and travel features. Location sharing with other users is off by default and always under your control; you can disable it, hide your distance, or set a travel area at any time in settings.

Location data can be imprecise, delayed, or unavailable, and we don’t guarantee its accuracy. You are responsible for deciding what location information to share and with whom. See our Privacy Policy and Safety & Trust page for more.

10 · Messaging

Qlub lets you message other members and participate in group, event, and community chats. One-to-one direct messages are protected with end-to-end encryption, which means we cannot read their contents; as a result, we generally cannot moderate the contents of encrypted direct messages or recover them for you. Other chats — including group, event, hangout, trip, community and post chats — are not end-to-end encrypted.

You may use Qlub on more than one device, up to a limit we set. Each device has its own encryption key, so a device you add can read messages sent to you from that point on, but not earlier ones. Because the keys are held only on your devices, losing access to all of them permanently destroys that message history — we have no copy and no way to restore it. Keep your devices secure and remove any you no longer control.

You are responsible for the messages you send. Don’t use messaging to harass, spam, defraud, or share prohibited content, and don’t rely on messaging for emergencies. We may limit, suspend, or remove messaging access for conduct that violates these Terms.

11 · Interactions with others & assumption of risk

WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR IDENTITY VERIFICATION ON USERS, and we do not routinely vet users, businesses, listings, events, or the people you meet through the Service. We make no representation or warranty about the conduct, identity, age, or suitability of any user or third party, or about whether a listing, venue, or event is safe, accurate, lawful, or as described.

You should use common sense and good judgment. Read our Safety & Trust page before meeting anyone: keep private details private, never send money, meet in public the first time, tell a friend where you’ll be, and leave if anything feels off.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISK arising from your use of the Service and your interactions with other users and third parties, including any in-person meetings, events, hangouts, trips, and travel. You release Qlub and its affiliates, and their officers, directors, employees, and agents, from any claims, demands, damages, or liabilities of every kind arising out of or connected to any such interaction or dispute with another user or third party.

12 · Third-party services & content

The Service may link to or rely on third-party websites, apps, maps, venues, events, and services that we don’t own or control, and may display content from other users and third parties. We provide these for convenience only, do not endorse them, and are not responsible for them or for any loss arising from your use of them. Your use of a third-party service is governed by that party’s own terms and privacy policy.

13 · Purchases & paid features

Qlub is currently free to use, and no paid subscriptions or in-app purchases are offered. If we introduce paid features in the future, additional terms (including pricing, billing, renewal, and refund terms) will apply and any purchases made through the Apple App Store or Google Play will also be subject to that store’s terms and payment rules. Except where required by law or an app store’s policy, fees are non-refundable.

14 · Intellectual property

The Service — including its software, design, text, graphics, logos, the “Qlub” name and marks, and all other content we provide (excluding User Content) — is owned by Qlub or its licensors and is protected by intellectual-property and other laws. Except for the limited license in Section 4, we grant you no rights in the Service. You may not use our name, logos, or branding without our prior written permission. All rights not expressly granted are reserved.

15 · Copyright & DMCA

We respect intellectual-property rights and expect you to do the same. If you believe content on the Service infringes your copyright, send a notice under the U.S. Digital Millennium Copyright Act (DMCA) to our designated agent at support@qlubapp.com including: (1) your signature; (2) identification of the copyrighted work; (3) identification of the allegedly infringing material and where it is located; (4) your contact information; (5) a statement that you have a good-faith belief the use is not authorized; and (6) a statement, under penalty of perjury, that your notice is accurate and you are authorized to act. We may remove infringing content, notify the poster, honor counter-notices, and terminate repeat infringers.

16 · Privacy

Your privacy matters to us. Our Privacy Policy explains what personal information we collect, how we use and share it, the choices you have, and your rights (including for LGBTQ+ / sensitive data). By using the Service, you also agree to our Privacy Policy.

17 · Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, QLUB AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ACCURATE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, THAT ANY CONTENT (INCLUDING LISTINGS, LOCATIONS, EVENTS, OR USER CONTENT) IS ACCURATE OR RELIABLE, OR THAT ANY USER OR THIRD PARTY IS WHO THEY CLAIM TO BE OR WILL ACT LAWFULLY. ANY MATERIAL OBTAINED THROUGH THE SERVICE IS USED AT YOUR OWN RISK.

18 · Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, QLUB AND ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR FOR ANY PERSONAL INJURY, EMOTIONAL DISTRESS, OR DEATH, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS — WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS INCLUDES ANY DAMAGES RESULTING FROM (a) YOUR USE OF OR INABILITY TO USE THE SERVICE; (b) THE CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY; OR (c) ANY INTERACTION OR MEETING WITH ANOTHER USER OR THIRD PARTY, ONLINE OR IN PERSON.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (i) THE TOTAL AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS (US$100).

SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW (SUCH AS FOR FRAUD, GROSS NEGLIGENCE, OR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE).

19 · Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Qlub and its affiliates, and their officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or connected to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms, our Guidelines, or any law; or (d) your interaction or dispute with any user or third party. We may assume the exclusive defense of any matter subject to indemnification, in which case you agree to cooperate with us.

20 · Dispute resolution & arbitration (U.S. users)

Informal resolution first

Before starting arbitration, you and Qlub agree to try to resolve the dispute informally for at least 60 days after written notice. Send your notice to support@qlubapp.com describing the dispute and the relief you seek.

Binding arbitration

If we can’t resolve it informally, any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except as provided below. The Federal Arbitration Act governs the interpretation and enforcement of this Section. Judgment on the award may be entered in any court with jurisdiction.

Class-action & jury-trial waiver

You and Qlub agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any class proceeding. YOU AND QLUB WAIVE ANY RIGHT TO A JURY TRIAL.

Exceptions & small claims

Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court for actual or threatened infringement or misuse of intellectual property. Where a mass filing of similar arbitration demands is coordinated, the parties agree the demands may be batched and administered efficiently.

Your 30-day right to opt out

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing support@qlubapp.com with the subject line “Arbitration opt-out”, including your name and the email associated with your account, and stating that you opt out. Any clear written statement that you are opting out is effective, whatever the subject line says. Opting out won’t affect any other part of these Terms.

If any part of this Section is found unenforceable, that part will be severed and the rest will remain in effect — except that if the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court. This Section survives termination of your account.

21 · Governing law & venue

These Terms and any dispute arising out of them or the Service are governed by the laws of the State of California and applicable U.S. federal law, without regard to conflict-of-laws rules. For any dispute not subject to arbitration, you and Qlub submit to the exclusive jurisdiction of the state and federal courts located in California. This Section does not deprive you of the protection of mandatory consumer-protection laws of your country or state of residence where those laws apply (see Section 25).

22 · Suspension & termination

You may stop using the Service and delete your account at any time from the account settings. We may suspend, restrict, or terminate your access to all or part of the Service at any time, with or without notice, if we believe you have violated these Terms or the law, to protect users or Qlub, or for any other legitimate reason.

On termination, your license to use the Service ends and we may delete your account and content, subject to our Privacy Policy and applicable law. Sections that by their nature should survive — including Sections 6 (license), 11, 17–20, and 23 — will survive.

23 · Changes to the Service & these Terms

We may modify, suspend, or discontinue any part of the Service at any time. We may also update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, in the app or by email) and update the “Last updated” date below. Changes take effect when posted, or on a later stated effective date. Your continued use of the Service after changes take effect means you accept the updated Terms; if you don’t agree, stop using the Service.

24 · App-store terms (Apple & Google)

Apple App Store

If you download the app from the Apple App Store, you acknowledge that these Terms are between you and Qlub only, not Apple, and that Apple is not responsible for the app or its content. Apple has no obligation to provide maintenance or support. If the app fails to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation. Qlub, not Apple, is responsible for addressing any claims relating to the app (including product liability, legal or regulatory non-compliance, consumer-protection claims, and third-party claims that the app infringes intellectual-property rights). You represent that you are not located in a U.S.-embargoed country or on a U.S. prohibited-party list. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Google Play

If you download the app from Google Play, you agree to comply with the Google Play Terms of Service, and you acknowledge that Google is not a party to these Terms and is not responsible for the app.

25 · Region-specific terms

EU / EEA / UK consumers

If you are a consumer in the European Economic Area, the United Kingdom, or Switzerland, nothing in these Terms limits or excludes rights you have under mandatory local law that cannot be waived, including your statutory rights and consumer protections. Where such law applies, the exclusions and limitations in Sections 17–20 apply only to the extent permitted, you are not bound by the arbitration/class-waiver provisions to the extent prohibited, and you may bring proceedings in the courts of your country of residence under its law. You may also have access to an online dispute-resolution platform provided by the European Commission.

California consumers

Under California Civil Code § 1789.3, California users are entitled to this notice: the Service is provided by Yeoman Ventures. You may contact us at support@qlubapp.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing or by telephone at 1-800-952-5210.

26 · General

These Terms, together with the documents they incorporate, are the entire agreement between you and Qlub regarding the Service and supersede any prior agreements. If any provision is held invalid or unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions will stay in effect. Our failure to enforce any provision is not a waiver. You may not assign or transfer these Terms without our consent; we may assign them freely, including in connection with a merger, acquisition, or sale of assets. Nothing here creates any agency, partnership, joint venture, or employment relationship. We are not liable for any failure or delay caused by events beyond our reasonable control. Section headings are for convenience only. We may provide notices to you in the app or by email; you may contact us at the addresses below.

27 · How to contact us

One address for everything

support@qlubapp.com — support, legal notices, copyright/DMCA reports, dispute notices, and arbitration opt-outs all reach us here. Please say in the subject line what your message is about (for example “DMCA notice” or “Arbitration opt-out”) so we can route it correctly.