Terms

Terms and conditions



Welcome! These Terms of Use and all other legal documents incorporated by reference (collectively, the “Terms”) set forth the legal contract between Transcend Labs LLC (“Provider”, “we,” or “us”) and each end user (“User” or “you” or “your”) with respect to access to and use of our associated internet properties as linked and offered by us, our subsidiaries and affiliated companies, and any software that we provide to you for download in your mobile devices (each a “mobile application”) (all of these collectively, the “Site”). Unless otherwise specified, all references to “Site” also include the use of our online platform, materials, proprietary content, tools, software, and services available through the Site (collectively, all of these and the Site are called the “Service”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE, BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR IF AT ANY TIME, THE TERMS ARE NO LONGER ACCEPTABLE TO YOU, PLEASE CEASE USE OF THE SERVICE IMMEDIATELY. THIS SITE IS INTENDED FOR A UNITED STATES OF AMERICA (“United States” or “US” or “ U.S.)AUDIENCE. IF YOU ARE NOT A US RESIDENT, WE ENCOURAGE YOU TO ACCESS OUR LOCALIZED SITES APPROPRIATE FOR YOUR PLACE OF RESIDENCE OR PREFERABLE LANGUAGE

1. Your Acceptance and Contractual Relationship

You represent and warrant that you are of age under the laws of your jurisdiction and/or lawfully able to enter contracts. If you are not legally able to enter contracts, you shall not use the Service at any time or in any manner or submit any information to Provider or the Service.

2. Privacy

Your privacy is important to us. Please review Provider’s Privacy Policy which explains how we use information that you submit to Provider and the choices you can make about the way this information is collected and used. The Privacy Policy is hereby incorporated by reference.

3. Modifications to the Terms or to the Service

  • Terms: Provider can change, update, add or remove provisions of these Terms, at any time by posting the updated Terms on the Site and by providing a notice on the Site. Material changes to the Terms will be notified either by posting a notice on the Dashboard or sending you an email. If you do not agree with any of the updated Terms, you must stop using the Service
  • Service: Provider may make changes to the Service at any time, without notice. If you object to any changes to the Service, your only recourse will be to cease using it. Continued use of the Service following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Service as modified. We also reserve the right to discontinue the Service or any component of it, at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Service
  • Paid subscriptions: Please note that if you are under paid subscription services with us, in the event we change the price for the services which you have previously agreed to pay or if we substantially change the services you are paying for, we will notify you of such changes as contemplated in Section 3(a). Any changes will become effective as of, and reflected on, your next scheduled payment. If you do not agree with such changes you may cancel your paid subscription by communicating with us in accordance with the Cancellation section below
  • Additional Terms: In addition, certain features of the Service may be subject to additional terms of use (“Additional Terms”), which shall be provided to you at the moment you choose to use such features. By using such features, or any part thereof, you agree to be bound by the Additional Terms applicable to such features. In the event that any of the Additional Terms governing such area conflict with these Terms, the Additional Terms will govern

4. Use of Our Service and Accounts

For as long as you agree to these Terms and abide by them, you may use the Service. These Terms apply to all Users of the Service, including Visitors and Registered Users.

  • Visitors: Visitors may browse the Site in accordance with these Terms, but will not have full access to the Service (which may include but are not limited to downloading content, contributing content, downloading tools, posting comments or signing up for special programs) without first becoming “Registered Users”
  • Registered Users and Accounts: In order to access certain features of the Service you may be required to become a Registered User. A “Registered User” is a User who has registered an account with us (your “Account”) or who has a valid account on the social networking service (“SNS”) through which the User has connected to the Service (each such account, a “Third-Party Account”). As a Registered User, you may have access and view certain content, but may not have access to premium content and/or tools unless you are a Subscriber
  • Subscriber. Clients that have entered in an agreement with Provider to receive additional access to premium content, tools, as well as make use of additional Site offerings are considered subscribers (“Subscriber”). Subscriber offers may vary from time to time. Please review the information included in your purchase order confirmation email and/or contact our Customer Service team if you have any questions. You will need to be a Registered User in order to have a subscription and be considered a Subscriber
  • Registration Data: In registering for the Service, you agree to: 1) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); 2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your Account.

You may not share your Account or password with anyone, and you agree to (A) notify Provider immediately of any unauthorized use of your password or any other breach of security at support@iqmastertest.com; and (B) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Provider has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). Provider shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that Provider considers insecure, Provider will be entitled to require this to be changed and/or terminate your Account. Provider reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to register for an Account on behalf of an individual other than yourself, or register for an Account on behalf of any group or entity unless you are authorized to bind such person, group or entity to these Terms (see “Shared Accounts” below). By registering another person, group or entity you hereby represent that you are authorized to do so.

Access through Social Networking Sites: If you access the Service through an SNS as part of the functionality of the Service, you may link your Account with Third-Party Accounts, by allowing Provider to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Provider and/or grant Provider access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Provider to pay any fees or making Provider subject to any usage limitations imposed by such third-party service providers. By granting Provider access to any Third-Party Accounts, you understand that Provider may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Provider internet properties that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Provider internet properties via your Account. Unless otherwise specified in the Terms, all SNS Content shall be considered to be your User Content (as defined in Section 5) for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, information that you post to your Third-Party Accounts may be available on and through your Account on the Provider internet properties. Please note that if a Third-Party Account or associated service becomes unavailable or Provider’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Provider internet properties. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Service. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND PROVIDER DISCLAIMS ANY LIABILITY FOR PERSONAL INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Provider makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Provider is not responsible for any SNS Content.

Shared Accounts: A Shared Account is controlled by the member who created the account, and whose payment method has been charged (the “Account Owner”). The Account Owner may invite or authorize other third parties to share in their subscription. Any additional users joining in the Shared Account will be required to create their own separate and independent profile in order to have a distinct and personalized experience with our Service. The additional users will be able to share in the Account as long as the Account Owner retains an active subscription. When the Account Owner cancels or deletes their Account, the shared access is also terminated.

5. Your Content and Your License to Us

As a Registered User you may upload, post, share, reframe, transmit or otherwise make available (“Make Available”) your User Content through the Service. “User Content” means, without limitation, your Account information, personal information, reviews, ratings, rankings, responses, videos, photos, pictures, audio, profile entries, posts, questions, materials, testimonials, submissions and/or any other information you provide on or through the Service or that we may create for you. When you create an Account or through the Service (including via forms available on the Site) you agree that you are solely responsible for the accuracy of your User Content. You agree that Provider may offer information that is of most interest to you. You may choose to make some of your User Content public on the Service. For some of our features, other members may be able to request email notifications of your new public User Content or publish their own comments to your comments. We may use the public User Content to improve our service, personalize site views, market services, promote or show you other services or tools, and identify or feature popular members. For clarity, you retain ownership of your User Content at all times. However, by posting, uploading and/or Making Available any User Content within the Service, and/or by providing any communication or material to Provider, you automatically:

  • Grant Provider a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable through multiple tiers, and transferable, license to use, copy, reproduce, process, adapt, modify, publish, transmit, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and Provider’ (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels (now known or later developed). We may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that Content to any requirements or limitations within the Service, or of any networks, devices, services or media; including, but not limited, to structured data markups for content ratings. You also hereby grant each user of the Service a non-exclusive license to access your public User Content, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms. To the extent permitted by applicable law, (i) the above licenses granted by you in User Content you submit to the Service will survive even if you remove or delete your User Content from the Service and, (ii) the above licenses granted by you in forum comments, testimonials or submissions you submit are perpetual and irrevocable. Except with respect to your User Content, you agree that you have no right or title in or to any other content or Materials (see Section 11 below) that appears on or in the Service, including, but not limited to any information associated with another Account or user profile or stored on or in the Service.
  • To the extent permitted by applicable law, waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;
  • Appoint Provider as your agent with full power to enter into any document and/or do any act Provider may consider appropriate to confirm the grant and assignment, consent and waiver set out above;
  • Warrant that you are the owner of the User Content and entitled to enter into these Terms and that the User Content does not infringe the proprietary or privacy rights of any third party;
  • Confirm that such User Content will not be subject to any obligation, of confidence or otherwise, to you or any other person and that Provider shall not be liable for any use or disclosure of such User Content.
  • Agree and understand that your User Content is subject at all times to our Acceptable Use Policy

6. Deletion or Deactivation of User Content and/or your Account.

You may request that we delete your content by emailing us at support@iqmastertest.com. When you request that your public User Content be deleted, your results or profiles will no longer be visible to other users within the Service, but if your User Content, including your information, was previously accessed, stored, and/or copied by others, we are unable to delete the information from their systems. When you deactivate your Account or ask that we delete your User Content we will retain logs and non-personally identifiable information about you along with an archival copy of your information, which is not accessible by you or third parties within the Service but which might be used for recordkeeping and internal legitimate business purposes. If you terminate your Subscription, you will still be able to use your login credentials as a Registered User to access and view the content on your Account. This information will be available to you if you have an Account open. If you wish to close your Account and delete your data from our systems, you can do so by contacting our Customer Service team at support@iqmastertest.com. You also agree and understand that some of the content that we may create for you may not be able to be deleted once uploaded to the extent permitted by applicable law. You further understand that Provider may keep and use data in various ways as outlined in these Terms and in the Privacy Policy. If you request that your User Content be deleted by us, it will no longer be publicly available and to the extent permissible by law, we will take all reasonable steps to delete it. Provider has no obligation to maintain any Account you open and may delete it if you violate these Terms as determined in Provider’s sole and absolute discretion (please see also our Acceptable Use Policy). Disclaimer. Provider does not endorse any User Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein and towards third parties in the event of a violation of these Terms of Use or in the event of illegal activities, contrary to decency, violating the interest of the Service Provider or personal rights of third parties. In a situation where the removal of the User’s account, blocking access to the Website or ceasing to provide the Services to the User as a result of the above-mentioned violations, all fees paid by the User are not refundable. The Provider is not liable for damages resulting from the events described above. Provider does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Provider will remove User Content if properly notified that such User Content infringes on another’s intellectual property rights (please refer to our Copyright and Intellectual Property Infringement Notification Section). Provider reserves the right to remove User Content without prior notice.

8. Payments and Subscriptions

If you purchase one of our services, you agree to be charged through your selected payment method. Our service will not make recurring, scheduled payments without your express consent. However, you may cancel any subscriptions you have purchased that require a scheduled payment.

9. Cancellations

You may cancel your subscription anytime by contacting our customer service department or by going to the online cancel page under My Account. Provider will send an email with a cancellation number to confirm any cancellation request. If you do not receive this confirmation and still wish to cancel, please contact our customer service department directly for further assistance. Provider may issue a refund if notice of cancellation of your subscription is provided before the end of the initial period, if the initial period is offered. We do our best to describe every product or service offered on the Service as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the online services is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, Provider shall have the right to refuse or cancel any orders in its sole discretion. Additional terms may apply.

10. Our Intellectual Property, Trademarks and Copyrights

Except with respect to your User Content and other Registered Users’ Content, you agree that, as between you and us, Provider (and our affiliated companies and suppliers) own all rights, title and interest in the Service and all tools, and all related intellectual property rights. The Service as a whole is copyrighted as a collective work, and individual works or content appearing on or accessible through the Site owned by or licensed to Provider or its content providers are likewise subject to copyright protection domestically and internationally. Likewise, all data files, program files, software, code, proprietary methods, systems and other materials that are made available to download from or used to provide the Service (“Materials”) may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. The Materials are protected by copyrights, patents, trade secrets or other proprietary rights. You must abide by all copyright notices, information, or restrictions contained in or attached to any of our Materials. Nothing in this Agreement grants you any right to receive delivery of a copy of our Materials or to obtain access to our Materials except as generally and ordinarily permitted through the Service according to these Terms. Certain names, logos, distinctive features, source identifiers and other materials displayed on the Site or in the Services, including its “look and feel”, constitute trademarks, tradenames, service marks, trade dress or logos (“Trademarks”) of us or other entities. All Trademarks not owned by Provider that appear on this site are the property of their respective owners. You are not authorized to use any such Trademarks. Ownership of all such Trademarks and the goodwill associated therewith remains with us or those other entities. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Service. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. The Site, and all intellectual property thereunder, is owned by Bold Limited.

11. Your Use of Materials

Your right to make use of the Service and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on the Service for any purpose not permitted by these Terms may be a violation of our intellectual property rights (see Section 11 above) as protected by law and these Terms and is prohibited. You may copy, access, download and display Materials and all other content displayed on the Service for non-commercial, personal or entertainment use on a single computer only. The Materials and all other content on the Service may not otherwise be copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, licensed or used in any way unless specifically authorized by Provider. Any authorization to copy or download Material granted by Provider in any part of the Service for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on the Service into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited (please refer to our Acceptable Use Policy for more information).

12. Limitation of Liability

THE PROVIDER GROUP DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OR MISUSE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE PROVIDER GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE PROVIDER GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

13. Indemnity

To the extent permitted by applicable law in your jurisdiction, you agree to indemnify and hold harmless Provider and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations, warranties or conditions, and/or from your placement or transmission of any content onto Provider’s servers, and/or from any and all use of your Account.

14. General

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Provider relating to the matters contained here and the Site.

15. Contact Us

The Site is controlled and operated by Provider. Whether you access the services through any of our internet properties or family Sites you may contact Provider using the information provided herein. Please forward any comments or complaints about the Site to support@iqmastertest.com.




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