Terms & Conditions

Terms of Use

Last Modified: March 5, 2024

Accepting These Terms

This document describes the Terms of Use (“Terms”) for download, installation, registration for, access, or use of the Qrew mobile application (the “App”) and related services through without limitation, our website, applications, business offerings, application programming interfaces (collectively, the “Service”). The Terms are a legally binding contract between you and Qrew, Inc. (“Qrew”, “Company”, “we”, or “our”).

This contract sets out the rights and responsibilities of Qrew users and service professionals (“Pros”) (together “Users”), when using the Service, so please read it carefully. By clicking the box to indicate that you have read and agree to these Terms of Use and our privacy policy, you agree to the Terms. 

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. Qrew may notify Users of updates to these Terms, through a pop-up on the App. However, you should check this page from time to time, so you are aware of any changes, as they are binding on you. The date of last modification can be found at the top of the Terms. 

Privacy 

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Service. By using our App, you're also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here.

Your Account

All Users should create a User account with Qrew to use the Service. Here are a few rules about accounts with Qrew:

A. You must be 18 or older to use our Service. 

B. You must provide accurate information. Provide accurate information about yourself when creating your Qrew account. Users may not use false information or impersonate another person or company through their account.

C. You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Accounts are not transferable.

D. You should protect your passcode. You are solely responsible for any activity on your account, so it’s important to keep your account passcode secure.

E. Terms create no relationship with Qrew. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Qrew.

Your Content

The Service contains accounts of Users, and allows both to submit, publish, display, or transmit to other Users or other persons content or materials (collectively, "User Contributions") on or through the Service. Qrew does not make any ownership claim to User Contributions. This includes anything you post using our Service (like profile pictures, profile media, reviews on Pro pages, comments, etc.).

Any User Contribution you post to the Service will be considered non-confidential and non-proprietary. By providing any User Contribution on the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of User Contributions to provide the Service and to promote Qrew, your Pro account, or the Service in general, in any formats and through any channels, including across the Service or through a third-party website or any other advertising medium (“User Contribution License”).

You represent and warrant that your User Contributions are in conformity with the following:

  • You own or control all rights to your User Contributions and may grant the User Contribution License to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

  • All of your User Contributions do and will comply with these Terms.

  • You are responsible for the legality, reliability, accuracy, and appropriateness of your User Contributions

Qrew is committed to following appropriate legal procedures to remove infringing content from the Service. If content that you own or have rights to has been posted to the Service without your permission and you want it removed, please contact us at [email protected]. If User Contributions infringe your intellectual property, we will remove it and notify you if you send us proper notice. 

Your Use

You shall use the Service only for lawful purposes and in accordance with these Terms. There is no tolerance for any of the below scenarios and the user will immediately be terminated from the application. You shall not use the App:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).

  • For the purpose of exploiting, harming, or attempting to exploit or harm Users in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the warranties set out in these Terms.

  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

  • To impersonate or attempt to impersonate Qrew, a Qrew employee, another User, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

  • To post hateful, harmful, abusive or objectionable User Contributions on the Service.

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Qrew or Users of the Service, or expose them to liability.

Qrew does not tolerate objectionable content or abusive users. We immediately take action to remove the content and eject the user who provided the offending content.

Additionally, you shall not tamper with the Service or intentionally cause it to malfunction, specifically you shall not :

  • Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service.

  • Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.

  • Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms, without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Service.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service are stored, or any server, computer, or database connected to the Service.

  • Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Service.

Termination

Termination By You. 

  • You may terminate your account with Qrew at any time by deleting your account from settings. Terminating your account may not delete all User Contributions that you posted through the Service prior to termination. Termination By Qrew. 

  • We may terminate or suspend your account (and any related accounts) and your access to the Service at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Service. Qrew also retains the right to remove any User Contributions for any or no reason, in our sole discretion.

  • If you or Qrew terminates your account, you may lose any information associated with your account, including User Contributions.

We May Discontinue Features of the Service.

Qrew may change, suspend, or discontinue any of the features of the Service at any time, for any reason. We will not be liable to you for the effect that any changes to the Service may have on you, including your income or your ability to generate revenue through the Service. Should you disagree with Qrew discontinuing Service features or changing the Service, your sole recourse or remedy is to stop using the Service. 

Survival. 

After you delete your account or Qrew terminates the Service or your access to the Service, the terms and conditions in the sections entitled Limitation of Liability and Dispute Resolution will survive. 

Disclaimers of Warranties and Limitation of Liability

THE SERVICE IS PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICE, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY USER CONTRIBUTIONS WILL BE SECURE OR NOT LOST OR ALTERED

Content You Access. 

  • You may come across materials that you find offensive or inappropriate while using our Service. We disclaim all liability for and make no representations or warranties concerning any User Contributions and you release us from all liability relating to User Contributions.

People You Interact With. 

  • You can use the Service to interact with other individuals, either online or in person. However, you understand that we do not screen Users of our App, and you release us from all liability relating to your interactions with other Users. Qrew specifically disclaims all responsibility for interactions between Users on the Service. Users shall independently engage in negotiations with other Users and, if necessary, engage in dispute resolution with other Users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you disclose confidential information to them or you are meeting them in person.

Third party services.

  • Our Service may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Yelp, etc.). You may also need to use a third party’s product or service in order to use our Service (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Qrew is not a party to those agreements; they are solely between you and the third party.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL QREW, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE, ANY OTHER SERVICES LINKED TO IT, OR ANY CONTENT ON THE SERVICE INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Confidentiality, Security and Data Protection

You may be given access to Confidential Information of Qrew and other third parties. You may use Confidential Information only as needed to use the Service as permitted under these Terms. You may not disclose Confidential Information to any third party, and you will protect Confidential Information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. Confidential Information means nonpublic information that Qrew or its affiliates or third parties designate as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, and other nonpublic business information. Confidential Information does not include information that: (i) is or becomes generally available to the public through no fault of yours; (ii) you already possess without any confidentiality obligations when you received it under these Terms; (iii) is rightfully disclosed to you by a third party without any confidentiality obligations; or (iv) you independently developed without using Confidential Information. You may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if you give reasonable prior written notice to Qrew and use reasonable efforts to limit the scope of disclosure, including assisting us with challenging the disclosure requirement, in each case where possible. For the purposes of the Terms, “Confidential Information” will mean any and all technical and non-technical information disclosed by Qrew or other third parties (the “Disclosing Party”) to you, which may include without limitation: (a) patent and patent applications; (b) trade secrets; (c) proprietary and confidential information, ideas, techniques, sketches, drawings, works of authorship, models, inventions, know-how, processes, apparatuses, equipment, algorithms, software programs, software source documents, and formulae related to the current, future, and proposed products and services of the Disclosing Party, such as information concerning research, experimental work, development, design details and specifications, engineering, financial information, procurement requirements, purchasing, manufacturing, customer lists, investors, employees, business and contractual relationships, business forecasts, sales and merchandising, and marketing plans; and (d) all other information that you knew, or reasonably should have known, was the Confidential Information of the Disclosing Party

You must implement reasonable and appropriate measures designed to help secure your access to and use of the Service. If you discover any vulnerabilities or breaches related to your use of the Service, you must promptly contact Qrew and provide details of the vulnerability or breach

Acceptable Use Policy

The following terms constitute our “Acceptable Use Policy”:

(a) You agree not to use the Service to collect, upload, transmit, display, or distribute any User Contributions: (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

(b) You agree not to: (i) upload, transmit, or distribute to or through the Service any computer viruses, worms, Trojan horses, time bombs, cancelbots, corrupted files, or any software intended to damage or alter a computer system or data; (ii) send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, political campaigning, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Service to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Service; (vii) use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of User Contributions; or (viii) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

(c) You will not input any personal or sensitive information, including names, phone numbers, addresses, emails, or birth dates while using the Service.

(d) Use discretion before relying on, publishing, or otherwise using content provided by the Service. Don’t rely on the Service for medical, legal, financial, or other professional advice. Any content regarding those topics is provided for informational purposes only and is not a substitute for advice from a qualified professional.

Indemnification

You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Service, products or services you develop or offer in connection with the Service, and your breach of these Terms or violation of applicable law.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

Intellectual Property 

These Terms permit you to use the Service only for the express purpose laid out in these Terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any User Contribution or other material on the Service.

You must not:

  • Modify copies of any User Contribution or other material on the Service.

  • Use any illustrations, photographs, video or audio sequences, or any graphics from the Service separately from the accompanying text.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from any User Contribution or other material from the Service.

No right, title, or interest in or to the Service or any content thereon is transferred to you, and all rights not expressly granted are reserved by Qrew. 

Dispute Resolution

If you have a dispute with Qrew, you are encouraged to bring any issues to Qrew’s attention for amicable resolution. If an amicable resolution cannot be reached, then these rules will govern any legal dispute involving our App:

A. Governing Law. The Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

B. Mediation. You and Qrew agree that if a dispute arises out of or relates to these Terms, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. You agree that the mediation will be held in New York, New York, and that there shall be a neutral mediator.

C. Arbitration. To the extent a dispute is not able to be settled through mediation, the dispute or any unresolved portion thereof shall be referred to and finally resolved by arbitration using the English language, administered by the AAA under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find them here or by calling the AAA at 1–800–778–7879). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis--class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Qrew are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

D. Costs of Mediation and Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. 

E. Forum. Qrew is based in New York, New York, so any legal action against Qrew related to our Service must be filed and take place in New York City. That means the seat of any mediation or arbitration shall be New York City. For any actions not subject to mediation or arbitration, you and Qrew agree to submit to the personal jurisdiction of a state of federal court located in New York, New York or the United States District Court in New York.

F. Modifications. If we make any changes to this “Disputes with Qrew” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Qrew prior to the date the changes became effective. If you do not agree to the modified terms, you may send Qrew a written notification (including email) or close your account within 30 days. By rejecting a modified term or permanently closing your account, you agree to mediate or arbitrate any disputes between you and Qrew in accordance with the provisions of this “Disputes with Qrew” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

G. NO CLASS ACTIONS. Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims.

H. Severability. If any part of this Dispute Resolution sectionis found to be illegal or unenforceable, the remainder will remain in effect. Nothing in this section will be deemed to waive or otherwise limit the right to seek public injunctive relief or any other non-waivable right, pending a ruling on the substance of such claim from the arbitrator.

General Terms

The Terms and our Privacy Policy constitute the sole and entire agreement between you and Qrew regarding the Service, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

You may not assign or delegate any rights or obligations under these Terms and our Privacy Policy, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may assign these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization

Contact Information

If you have any questions about the Terms, please email us at: [email protected]