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Terms of Service

Last Updated: January 7, 2026 Please read these Terms of Service (the "Terms") and our Privacy Notice (/legal/privacy-policy) ("Privacy Notice") carefully because they govern your use of the website located at https://iqondigital.com/ (the "Site") and services accessible via the Site and corresponding IQON PC application offered by IQON Digital LLC, Colorado, USA ("IQON"). To make these Terms easier to read, the Site and our services are collectively called the "Services" and the IQON PC application is called the "App." IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND IQON THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 "DISPUTE RESOLUTION" BELOW FOR DETAILS REGARDING ARBITRATION.

1. Agreement to Terms

IQON is willing to provide the Services or license the App to you only upon the condition that you accept all the terms contained in this Agreement. By clicking on the "I accept" button below or by downloading, installing or using the App, you have indicated that you understand this Agreement and accept all of its terms. If you are accepting the terms of this Agreement on behalf of a IQON or other legal entity, you represent and warrant that you have the authority to bind that IQON or other legal entity to the terms of this Agreement, and, in such event, "you" and "your" will refer to that IQON or other legal entity. If you do not accept all the terms of this Agreement, then IQON is unwilling to license the App to you, and you must stop using the Services and destroy all copies of the App.

2. Privacy Notice

Please review our Privacy Notice, which also governs your use of the Services, for information on how we collect, use and share your information.

3. Changes to these Terms or the Services

We may update the Terms from time to time in our sole discretion. If we do, we'll let you know by posting the updated Terms on the Site, to the App and/or may also send other communications. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don't agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

4. Who May Use the Services?

You may use the Services only if you are at least 16 years of age (or such other minimum age at which you can provide consent to data processing under the laws of your territory), and not otherwise barred from using the Services under applicable law. If you are over 16 years of age but under the age of majority in your respective jurisdiction, you hereby represent and warrant that your parent or legal guardian has read these Terms, and accepts them on your behalf. Parents and legal guardians are responsible for the acts of their minor children when using the Services, whether or not the parent or guardian has authorized such acts.

5. Subscriptions

IQON may require the payment of a fee for use of certain Services. If you elect to use such Services, you have the option of purchasing a subscription from the tiers and durations set forth at https://iqondigital.com/products/iqonplus (each, a "Subscription") and you agree to pay such fees.

1) General

When you purchase a Subscription (each, a "Transaction"), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. Payments are handled by [Merchant of Record], and IQON does not store your card data. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, "Payment Information"). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.

2) Subscriptions

If you purchase a Subscription, you will be charged the applicable monthly or annual Subscription fee, plus any applicable taxes, and other charges ("Subscription Fee"), at the beginning of your Subscription and each month or year (as applicable) thereafter, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE IQON TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month or year on the anniversary of the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. No less than thirty (30) days and no more than forty (40) days before your Subscription term ends, or otherwise in accordance with applicable law, IQON will send you a reminder with the then-current Subscription Fee. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or IQON. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.

3) Cancelling a Subscription

Subject to our Refund Policy, you may cancel a Transaction for a full refund within seven (7) calendar days of your initial purchase. AFTER THAT, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we'll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to support@iqondigital.com or submit a ticket at https://iqondigital.com/contact. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current Subscription period and will then terminate without further charges.

6. Authorization of Services; Support Services

1) Authorization of Services

By using the App or Services, you authorize IQON, its employees, and its contractors, to access and control your computer, including the installation of and use of software, the collection of system data, and modifying your device settings for the purposes of diagnosis, service, and repair. By installing the App, you acknowledge and agree that the App may create and run diagnostic, repair, troubleshooting, optimization, or other performance-related tasks on your device, which may include checking your installed software for available updates, validating your license information, monitoring your computer for specific product-related items (such as privacy threats, malware infection attempts, etc.) and various other product-related tasks for the App or Services to operate.

2) Support Services

In connection with the Services, IQON will endeavor to provide you with reasonable helpdesk support and access to customer support personnel, which may include live technical support or troubleshooting over the phone or through your computer or device ("Support Services") as further described in the Support Addendum. Use of the Support Services is subject to the terms and conditions of this Agreement. You grant IQON permission to monitor and record the Support Services, including telephone calls and online sessions for purposes of improving customer service, internal training, and internal market research. You further hereby grant IQON permission to use or disclose any such information as necessary or appropriate to satisfy any law, regulation, or other governmental request; to provide the Support Services to you and to protect ourselves and/or our customers; and to enhance the types of Support Services we may provide to you in the future.

7. Feedback

We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services ("Feedback"). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

8. Our Intellectual Property

The App is licensed, not sold, and IQON retains all intellectual property rights therein. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content and any intellectual property rights in the Services.

9. License; Restrictions

1) License

If you comply with these Terms, IQON grants to you:
  1. a limited, non-exclusive, non-transferable, revocable right to access and use the Services [during the term that you receive Services from IQON] pursuant to the specifications of any Subscription purchased by Customer, solely for your own personal non-commercial purposes; and
  2. a [perpetual], limited, non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install the App on your personal computers and to run the App solely for your own personal non-commercial purposes.

2) Restrictions

Except as expressly permitted in these Terms, you may not: (A) copy, modify or create derivative works based on the App or Services; (B) sell, resell, distribute, transfer, sublicense, lease, lend or rent the App or Services to any third party; (C) reverse engineer, decompile or disassemble the App or Services (unless applicable law permits, despite this limitation); (D) make the functionality of the App or Services available to multiple users through any means; (E) use the App or Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property rights or other right of any person or entity, or that violates any applicable law; or (G) use the App or Services for benchmarking or competitive analysis with respect to competitive or related products or services.

10. General Prohibitions and IQON's Enforcement Rights

You agree not to do any of the following:
  1. Use, display, mirror or frame the Services or any individual element within the Services, IQON's name, any IQON trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without IQON's express written consent;
  2. Access, tamper with, or use non-public areas of the Services, IQON's computer systems, or the technical delivery systems of IQON's providers;
  3. Attempt to probe, scan or test the vulnerability of any IQON system or network, or otherwise circumvent any technological measure implemented by IQON or any of IQON's providers or any other third party (including another user) to protect the Services;
  4. Attempt to access or search the App or Services or download content from the App or Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by IQON or other generally available third-party web browsers;
  5. Use any meta tags or other hidden text or metadata utilizing a IQON trademark, logo URL or product name without IQON's express written consent;
  6. Use the App or Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  7. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
  8. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
  9. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  10. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  11. Impersonate or misrepresent your affiliation with any person or entity;
  12. Violate any applicable law or regulation; or
  13. Encourage or enable any other individual to do any of the foregoing.
IQON is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

11. Links to Third Party Websites or Resources

You may only use the App on supported PC configurations and hardware. The App and Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for any compatibility issues, errors, bugs, or the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources and are responsible for obtaining any associated licenses and consents necessary to use such third-party resources.

12. Termination

You may terminate the license at any time by destroying all copies of the App in your possession or control and ceasing to use the Services. The licenses granted under this Agreement in Section 9 will automatically terminate, with or without notice from Company, if you breach any term of this Agreement. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at support@iqondigital.com. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 5, 6 (only for payments due and owing to IQON prior to the termination), 7, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18.

13. Warranty Disclaimers

THE APP AND THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE APP OR SERVICES WILL MEET YOUR REQUIREMENTS, UPDATE YOUR HARDWARE, OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE APP OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR THE PROTECTION OF YOUR DATA AND INFORMATION THROUGH THE TIMELY CREATION OF BACK-UP COPIES.

14. Indemnity

You will indemnify and hold IQON and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the App or the Services, or (b) your violation of these Terms.

15. Limitation of Liability

1)

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER IQON NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP OR SERVICES, OR ANY DATA SUPPLIED THEREWITH, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IQON OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

2)

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL IQON'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM ALL CLAIMS UNDER OR RELATED TO THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS ACTUAL PAID BY YOU OR ARE PAYABLE BY YOU TO IQON FOR USE OF THE APP OR SERVICES, PROVIDED THAT IN NO EVENT WILL IQON'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS MADE UNDER OR RELATED TO THIS AGREEMENT EXCEED TWO HUNDRED DOLLARS $200.00.

3)

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IQON EXPRESSLY DISCLAIMS ALL LIABILITY FOR THE APP, INCLUDING ANY LOSS OR LIABILITY RESULTING FROM LOST OR COMPROMISED DATA CAUSED BY THE APP. THE APP MAY MAKE CHANGES TO YOUR COMPUTER OR MOBILE DEVICE THAT MAY ADVERSELY AFFECT ITS FUNCTIONALITY, SUCH AS DELETING SYSTEM OR APPLICATION FILES IDENTIFIED (CORRECTLY OR INCORRECTLY) BY THE APP AS RECOMMENDED OR NECESSARY FOR OPTIMAL PERFORMANCE, OR OTHERWISE DEEMED TO BE A POTENTIAL CONCERN. YOU ACKNOWLEDGE AND AGREE TO SUCH CHANGES TO YOUR COMPUTER OR MOBILE DEVICE THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE APP.

4)

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN IQON AND YOU.

16. Governing Law and Forum Choice

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Colorado, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 "Dispute Resolution," the exclusive jurisdiction for all Disputes (defined below) that you and IQON are not required to arbitrate will be the state courts located in El Paso County, Colorado, and the federal court located in Denver County, Colorado. You and IQON each waive any objection to jurisdiction and venue in such courts.

17. Dispute Resolution

1) Mandatory Arbitration of Disputes

We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and IQON agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and IQON are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

2) Exceptions

As limited exceptions to Section 17(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

3) Conducting Arbitration and Arbitration Rules

The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

4) Arbitration Costs

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won't seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we'll pay all of our attorneys' fees and costs and won't seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.

5) Injunctive and Declaratory Relief

Except as provided in Section 17(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

6) Class Action Waiver

YOU AND IQON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

7) Severability

With the exception of any of the provisions in Section 17(f) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

18. General Terms

1) Reservation of Rights

IQON and its licensors exclusively own all right, title and interest in and to the App and Services, including all associated intellectual property rights. You acknowledge that the App and Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App and Services.

2) Export Control

You affirm that you are not named on or acting on behalf of any U.S. government denied-party list, and you agree to comply fully with all relevant export control and sanctions laws and regulations of the United States ("Export Laws") to ensure that neither the App, Services, nor any technical data related thereto, is: (i) used, exported or re-exported directly or indirectly in violation of Export Laws; or (ii) used for any purposes prohibited by the Export Laws, including, but not limited to, nuclear, chemical, or biological weapons proliferation, missile systems or technology, or restricted unmanned aerial vehicle applications.

3) Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between IQON and you regarding the App and Services, and these Terms supersede and replace all prior oral or written understandings or agreements between IQON and you regarding the App and Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without IQON's prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. IQON may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

4) Notices

Any notices or other communications provided by IQON under these Terms will be given: (i) via email; or (ii) by notifying you in the App or by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

5) Waiver of Rights

IQON's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of IQON. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

19. Contact Information

If you have any questions about these Terms, the App or the Services, please contact IQON at support@iqondigital.com.
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