Last Updated: July 31, 2026
This Beta Tester Agreement ("Agreement") is between kliQ Labs, Inc., a California corporation, dba WekliQ and kliQ² (hereinafter referred to as "kliQ," "WekliQ," "we," "us," or "our"), and you, the beta tester ("you," "Beta Tester," "your").
This Agreement is effective with respect to you on the date you accept it by clicking "I Agree," creating a beta account, or otherwise accessing the WekliQ Beta.
By clicking "I Agree," creating a beta account, or accessing the WekliQ Beta in any manner, you agree to be bound by this Agreement. If you do not agree to all of these terms, do not access or use the WekliQ Beta.
This Agreement contains an arbitration clause and class action waiver in Section 19. Please read those provisions carefully.
1. ABOUT WekliQ AND THE BETA
1.1 What WekliQ is. WekliQ (also branded as kliQ², a fictitious business name registered with Marin County, California) is a compatibility analysis tool operated by kliQ Labs, Inc. We use a structured questionnaire and AI-driven analysis to generate compatibility information about pairs of users who have voluntarily provided their information through the Service.
1.2 What WekliQ is not. WekliQ is not a matching service. Users independently identify the persons with whom they wish to assess compatibility. WekliQ does not introduce, surface, recommend, suggest, or otherwise present users to one another. Users bring their own counterparties to the Service from independent sources, including other apps, in-person meetings, mutual acquaintances, events, or any other channel of their choosing. WekliQ provides analytical information about the compatibility of pairs that users have already identified.
1.3 Definition of "kliQ" (the action). When used in this Agreement and within the Service (e.g., "running a kliQ" or "to kliQ with someone"), the word "kliQ" refers to a compatibility analysis conducted between two users through the Service. Each kliQ is initiated by a user entering another user's compatibility code into the Service. References throughout this Agreement to "WekliQ," "the WekliQ Beta," "the kliQ² Beta," or "the Beta" refer to the same platform operated by kliQ Labs, Inc.
1.4 About the Beta. The WekliQ Beta (the "Beta") is a pre-release, invitation-only test of the Service. The Beta is unfinished software in active development. Features may change, break, or be removed at any time without notice. Compatibility outputs generated during the Beta may be incomplete, inaccurate, or inconsistent.
1.5 Your role. You are being invited to the Beta as a tester to help WekliQ identify bugs, improve usability, and validate compatibility analysis quality. You are not a paying customer, and the Beta is not a finished commercial product.
1.6 Users decide. WekliQ provides analytical information. Users are free to choose to date, befriend, or live with any individual they choose. WekliQ does not direct, recommend, advise, or compel any decision about whether to pursue, continue, or end any relationship.
2. ELIGIBILITY
2.1 You must be at least eighteen (18) years of age to participate in the Beta.
2.2 You must have the legal capacity to enter into this Agreement under the laws of your jurisdiction.
2.3 You must not be barred from receiving the Service under applicable law.
2.4 Invitation-only. Beta access is by invitation only. You may not transfer or share your invitation.
2.5 WekliQ's discretion. WekliQ may decline or revoke your access to the Beta at any time, for any reason or no reason, with or without notice.
2.6 Beta Tester roles. This Agreement applies to all participants in the Beta, including:
(a) Beta Testers: Users who have received a Bxxxx-format code (e.g., B0001, B0002, etc.) through WekliQ's invited Beta signup flow.
(b) Counterparty Beta Participants: Users who have received a WekliQ-distributed counterparty code (not in Bxxxx format) for the purpose of testing the Service alongside Beta Testers.
Unless otherwise specified, references to "Beta Testers" or "you" in this Agreement apply to both Beta Testers and Counterparty Beta Participants. Premium Grant eligibility under Section 11 applies ONLY to Beta Testers, not Counterparty Beta Participants.
3. WHAT YOU AGREE TO DO
3.1 Test the Service in good faith by completing the questionnaire, running compatibility checks, and using features as a typical user would.
3.2 Provide feedback about your experience through in-Service surveys, popup feedback prompts, and direct outreach. Survey participation is part of your Beta engagement.
3.3 Report safety, harassment, or trust concerns promptly through the channels WekliQ provides.
3.4 Use the Service for its intended purpose only — exploring compatibility information for personal decision-making about relationships, friendships, or roommate situations. You will not use the Beta to harass, surveil, stalk, dox, or harm any other person.
3.5 Not share Beta access with anyone. Your invitation is personal to you.
3.6 Review reveals where your code was used as counterparty. Your WekliQ code may be used by other Beta Testers and Counterparty Beta Participants to test compatibility analysis and the reveal experience. When another user runs a kliQ that includes your code as counterparty:
(a) You will receive notification of the reveal in your account; (b) You must review the reveal; (c) You must complete the popup feedback survey associated with the reveal before archiving the reveal from your active list; (d) For your first ten (10) such reveals, completion of the full popup survey before archiving is required as a condition of Premium Grant eligibility under Section 11; (e) For reveals beyond the first ten, the popup survey becomes optional — you may dismiss it without completing — but Premium Grant eligibility is preserved for your first ten reveals regardless; (f) Reveals remain in pending status until you review them; they will not auto-archive after any time period; (g) Pending reveals do not block your ability to use other Service functionality.
4. INFORMATION YOU AND OTHER USERS PROVIDE
4.1 Information is self-disclosed. All questionnaire answers, profile information, and any claims made through the Service are voluntarily provided by the user who entered them.
4.2 WekliQ does not verify user-provided information. WekliQ does not confirm, validate, or guarantee the accuracy of any information any user provides about themselves. You are solely responsible for the truthfulness of your own disclosures.
4.3 Honesty is encouraged, not guaranteed. The Service is designed with mechanisms intended to encourage honest answers, but WekliQ cannot and does not guarantee that any user has provided truthful information.
4.4 You assess risk yourself. When using compatibility information about any other user, you understand that the underlying data is self-disclosed by that user.
4.5 Your code may be used by others. As part of the Beta testing process, your WekliQ compatibility code may be used by other Beta Testers and Counterparty Beta Participants to run compatibility analyses against your profile. By participating in the Beta, you consent to having your code used in this way during the Beta period.
4.6 No public profiles. WekliQ does not maintain public profiles of users. Your questionnaire answers, personal information, and compatibility data are not displayed on any public-facing profile and are not visible to other users by default. Compatibility information is revealed only:
(a) To you (your own data); (b) In compatibility analysis output to a counterparty whose compatibility you are assessing (limited to compatibility-relevant insights, not raw personal data); and (c) Through your profile photo, visible only after a kliQ has been completed between you and the other user.
5. CONFIDENTIALITY
5.1 The Beta is confidential. You agree not to publicly disclose, post, screenshot, share on social media, blog about, describe to press, or otherwise communicate to any third party (other than within the Beta itself):
(a) Specific features, questionnaire content, screen designs, or user interface elements of the Beta; (b) Specific compatibility output language, scoring, or analysis content; (c) Bug reports, known issues, or roadmap discussions; (d) Pricing models, business strategies, or future feature plans disclosed to you; (e) Other Beta participants' identities or compatibility data; (f) The fact of your participation in the Beta, EXCEPT that you may tell trusted personal contacts you are testing an early-stage compatibility analysis tool without naming the product, its founder, or its specific features.
5.2 You may share general impressions but not specifics.
5.3 This confidentiality obligation survives the termination of this Agreement and the end of the Beta.
5.4 Limited exception: You may disclose Beta information (a) as required by law, court order, or government request, provided you notify WekliQ promptly if legally permitted; or (b) to your attorney, accountant, or other professional advisor under their own confidentiality obligations.
6. FEEDBACK AND INTELLECTUAL PROPERTY
6.1 You assign all feedback to kliQ Labs, Inc. Any feedback, suggestion, idea, bug report, feature request, survey response, or contribution you make about the Beta ("Feedback") is automatically and irrevocably assigned to kliQ Labs, Inc.
6.2 kliQ Labs, Inc. owns all platform IP. All software, designs, questionnaires, compatibility logic, AI prompts, output language, brand assets, the WekliQ name and mark, the kliQ² name, the WekliQ logo, and all other intellectual property associated with the Service belong to kliQ Labs, Inc.
6.3 You retain ownership of your personal answers, subject to the license granted in Section 9.
6.4 No reverse engineering. You will not reverse-engineer, decompile, disassemble, scrape, copy, or attempt to derive the source code, questionnaire design, scoring logic, AI prompts, or other proprietary mechanics of the Service.
7. UNFINISHED PRODUCT — ACKNOWLEDGMENTS YOU AGREE TO
7.1 The Beta is "AS IS." The Beta is provided without any warranty of any kind, express or implied.
7.2 Compatibility outputs are experimental. You will not make any significant life, relationship, financial, or legal decision based on Beta compatibility output.
7.3 The Beta is not therapy, not counseling, and not professional advice.
7.4 The Beta is not legal advice. Do not skip a prenuptial agreement, cohabitation contract, or any other legal protection based on Beta compatibility output.
7.5 WekliQ does not guarantee chemistry, attraction, or relationship outcomes.
7.6 Bugs, downtime, and data loss may occur.
7.7 Features may change or disappear.
7.8 Brand identity may evolve. During and after the Beta, the Service may operate under the WekliQ brand, the kliQ² brand, or such other brand identities as kliQ Labs, Inc. may adopt.
8. PRIVACY AND DATA HANDLING
8.1 Privacy Policy applies. Your data is governed by the WekliQ Privacy Policy, available at https://wekliq.com/privacy.
8.2 Beta data may be reset.
8.3 Your answers are used for development.
8.4 You may withdraw and request deletion at any time, subject to legitimate retention rights in the Privacy Policy.
8.5 Sensitive categories. Some questionnaire modules involve sensitive topics. You are not required to answer any such question. "Prefer not to say" options are provided.
8.6 WekliQ does not sell your personal data to third parties.
9. LICENSE TO USE YOUR ANSWERS
9.1 License grant. By submitting questionnaire answers, you grant kliQ Labs, Inc. a worldwide, royalty-free, non-exclusive, sublicensable license to use your answers for:
(a) Operating the Service; (b) Improving the Service; (c) Producing aggregated, anonymized analytics; (d) Internal business purposes including investor materials with no individually identifiable information disclosed.
9.2 License terminates on deletion, except for already-incorporated anonymized aggregate data and legally required retention.
10. NO COMPENSATION; PREMIUM GRANT EXCEPTION
10.1 The Beta is provided free of charge, except as provided in Section 11.
10.2 No employment or partnership relationship. You are a volunteer tester.
10.3 Future pricing not guaranteed.
11. BETA TESTER PREMIUM GRANT
11.1 Premium Grant offer. As consideration for your participation in the Beta, you may be eligible for complimentary access to WekliQ Premium (the first paid consumer tier of the production Service, as identified in Section 11.2(a)) (the "Premium Grant"), subject to the terms and conditions of this Section 11. The duration of the Premium Grant depends on when you first accepted a Beta Tester Agreement with WekliQ (or its predecessor brand kliQ²), as specified in Section 11.1a.
11.1a Two Beta Cohorts. WekliQ recognizes two Beta Tester cohorts under this Agreement:
(a) Grandfathered Cohort (Original Beta Testers): Beta Testers who created an account and accepted a prior version (v6 or earlier) of this Beta Tester Agreement on or before July 31, 2026 are entitled to a lifetime Premium Grant under the terms of the version they originally accepted, subject to the eligibility requirements and termination conditions in Sections 11.3 through 11.16. For the avoidance of doubt, "lifetime" for Grandfathered Cohort testers means the lifetime of their WekliQ account in good standing, per Section 11.15.
(b) v7 Cohort (New Beta Testers): Beta Testers who first accept this Agreement (v7 or later) on or after August 1, 2026 are entitled to a six (6) month Premium Grant, commencing on the date the Beta Tester accepts this Agreement ("Agreement Acceptance Date"), subject to (i) the 30-day questionnaire completion requirement in Section 11.1b, and (ii) the eligibility requirements and termination conditions in Sections 11.3 through 11.16.
(c) Cohort identification. A Beta Tester's cohort is determined by (i) the date on which the Beta Tester created their WekliQ account and (ii) the version of the Beta Tester Agreement the Beta Tester originally accepted. WekliQ's account records for each Beta Tester constitute the authoritative record of that Beta Tester's cohort membership.
(d) No re-execution required. Grandfathered Cohort Beta Testers are NOT required to re-execute or accept this v7 Agreement. Grandfathered Cohort Beta Testers remain governed by the version of the Beta Tester Agreement they originally accepted (v6 or earlier) with respect to the terms of their Premium Grant. This v7 Agreement does not modify, reduce, or otherwise affect the Premium Grant of any Grandfathered Cohort Beta Tester.
(e) References to Premium Grant. References to the "Premium Grant" throughout this Section 11 apply to both cohorts, except where a provision expressly distinguishes between them.
11.1b 30-day Questionnaire Completion Gate (v7 Cohort only). To qualify for the six (6) month Premium Grant under Section 11.1a(b), a v7 Cohort Beta Tester must, within thirty (30) days of the Agreement Acceptance Date:
(a) Complete all required questionnaire modules of the WekliQ Service; AND (b) Generate and receive their WekliQ compatibility code.
Failure to complete both requirements within the 30-day window results in full forfeiture of the Premium Grant. A Beta Tester who fails to complete the 30-day gate is not entitled to any Premium Grant, reduced grant, extension, or alternative benefit, regardless of when the Beta Tester subsequently completes the questionnaire. The Beta Tester may continue to use the Service at the free tier or subscribe to any paid tier at then-current pricing.
This Section 11.1b does not apply to Grandfathered Cohort Beta Testers, whose eligibility is governed by the terms of the version of the Beta Tester Agreement they originally accepted.
11.2 Overview of production tier structure. As of the effective date of this Agreement, the Service's production consumer tier structure includes the following paid tiers (each subject to change at kliQ Labs, Inc.'s discretion):
(a) Premium (base paid tier); (b) Premium Plus (mid tier); (c) Premium Plus² (upper tier); (d) Premium 100 (top consumer tier).
In addition, WekliQ maintains an internal designation known as kliQ Insider for founding members, advisors, investors, and other individuals as WekliQ may designate at its sole discretion. The kliQ Insider tier is NOT a purchasable consumer tier, is not marketable, and is granted only by WekliQ administrator action. This Agreement's Premium Grant is separate from and does not entitle you to the kliQ Insider tier.
11.3 Eligibility requirements. To receive the Premium Grant, you must:
(a) Be a Beta Tester (Counterparty Beta Participants are NOT eligible); (b) Complete the full WekliQ questionnaire during the Beta period; (c) Either:
- (For solo testers) Successfully run at least five (5) kliQs during the Beta period; OR
- (For couple testers) Successfully run at least one (1) kliQ between you and your partner;
(d) Review all reveals where your code was used as counterparty and complete the popup feedback survey for the first ten (10) such reveals, per Section 3.6; (e) Remain engaged through the conclusion of the Beta period; (f) Be in good standing with this Agreement throughout the Beta period; and (g) Be among the first two hundred (200) Beta Testers to satisfy these requirements.
11.4 Couples participating together. If you are participating as part of a couple, each member must independently agree to this Agreement and set up their own account. Each individual may qualify for the Premium Grant separately, subject to the cap of 200 total Premium Grants.
11.5 Cap on Premium Grants. Capped at two hundred (200) under this program.
11.6 Reservation of right to establish future programs. WekliQ may establish additional grant programs in the future with their own terms.
11.7 Tier equivalence, not feature lock. The Premium Grant entitles you to access at parity with the then-current WekliQ Premium tier (the first paid consumer tier per Section 11.2(a)) of the Service as that tier evolves. The Premium Grant does NOT entitle you to the WekliQ Premium Plus, Premium Plus², or Premium 100 tiers, or to the kliQ Insider designation. WekliQ reserves the right to modify, restructure, rename, or evolve the WekliQ Premium tier consistent with platform evolution. The Premium Grant adapts to the then-current WekliQ Premium tier; you are NOT entitled to:
(a) Specific features that may be added, removed, or modified over time; (b) Feature parity with higher tiers (Premium Plus, Plus², Premium 100), if higher tiers are introduced or expanded; (c) Locked pricing at any historical level if the WekliQ Premium tier is restructured; (d) Compensation or alternative service if WekliQ Premium features change.
11.8 What the Premium Grant does NOT include:
(a) Access to WekliQ Premium Plus, WekliQ Premium Plus², WekliQ Premium 100, kliQ Insider, or any tier other than WekliQ Premium (the first paid consumer tier); (b) Access to any future WekliQ Pro tier services or matchmaker-facilitated services; (c) Third-party services; (d) Hardware or premium support beyond standard WekliQ Premium customer support; (e) Any right to assign, transfer, gift, sell, or share the Premium Grant; (f) Any cash value or right to redeem for cash, credit, or gems (the Service's in-platform currency); (g) Any specific quantity of gems, kliQ reveals, or other in-platform allocations beyond the then-current WekliQ Premium tier allotment.
11.9 In-platform currency (gems). During and after the Beta, WekliQ operates an in-platform currency called "gems," where one (1) gem generally corresponds to one (1) kliQ reveal. WekliQ Premium (the first paid consumer tier) includes a monthly allotment of gems (which reset each billing cycle and do not roll over) plus any non-expiring gems the user may purchase or earn separately. Your Premium Grant entitles you to the then-current WekliQ Premium monthly gem allotment. Gems are not legal currency, are not redeemable for cash, and their allocation, expiration, and utility are subject to change at WekliQ's discretion.
11.10 Transition to production at Beta conclusion.
(a) You have one (1) year from the end of the Beta period to opt-in to the production Service by selecting a production profile type (Partner, Friend, or Roommate code) and receiving a new production-format code; (b) Your Bxxxx Beta Tester code will be retired at the time of opt-in or at the end of the Beta period (whichever comes first); (c) For Grandfathered Cohort testers: If you do not opt-in within one (1) year, your Premium Grant enters dormant status. If your Premium Grant remains dormant for an additional one (1) year, WekliQ may retire it. Retired Premium Grants may be reactivated by user request at WekliQ's discretion. Your account record retains Premium Grant eligibility through dormancy and reactivation periods. (d) For v7 Cohort testers: Your six (6) month Premium Grant clock begins on the Agreement Acceptance Date, as defined in Section 11.1a(b), subject to the 30-day questionnaire completion gate in Section 11.1b. The Premium Grant expires six (6) months after the Agreement Acceptance Date and does not automatically renew, extend, or enter a dormancy period. The Premium Grant clock runs continuously from the Agreement Acceptance Date and is not paused during the transition between the Beta phase and the production phase of the Service.
11.11 Termination of Premium Grant. The Premium Grant terminates if:
(a) You materially breach this Agreement or the production Terms of Service; (b) Your account is terminated for misrepresentation, abuse, illegal conduct, fraud, or other Terms violations; (c) You voluntarily close your WekliQ account; (d) kliQ Labs, Inc. discontinues the consumer WekliQ Premium tier; (e) kliQ Labs, Inc. ceases to operate the Service; (f) For Grandfathered Cohort testers: the conditions of Section 11.10(c) result in retirement of your dormant Premium Grant; or (g) For v7 Cohort testers:
- Six (6) months elapse from the Agreement Acceptance Date, per Section 11.10(d); OR
- The Beta Tester fails to complete both requirements of the 30-day questionnaire completion gate in Section 11.1b, in which case the Premium Grant is forfeited effective as of the expiration of the 30-day window.
11.12 Future testing — appreciated but not required.
11.13 Match preservation. Your match history is preserved in accordance with WekliQ's then-current operational practices.
11.14 Tax implications. You are solely responsible for any tax implications of receiving the Premium Grant.
11.15 Duration clarification.
(a) For Grandfathered Cohort testers: The term "lifetime" refers to the lifetime of your WekliQ account in good standing, not a guarantee of perpetual service. This Premium Grant may be terminated by WekliQ for the reasons listed in Section 11.11 and for no other reason except as required by law.
(b) For v7 Cohort testers: The six (6) month Premium Grant term is fixed and non-extending. The Premium Grant does not renew, roll over, or re-activate after the six (6) month term expires. Upon expiration, you may continue to use the Service at the free tier or subscribe to any paid tier at the then-current pricing.
11.16 No expectation of Premium Grant. Premium Grant is contingent on satisfaction of eligibility requirements and availability under the cap. WekliQ retains sole discretion to determine whether requirements have been met.
12. CONDUCT EXPECTATIONS
You agree NOT to:
12.1 Use the Beta to harass, stalk, threaten, intimidate, or harm any other person; 12.2 Submit false or misleading information designed to manipulate compatibility output; 12.3 Create multiple accounts or impersonate any other person; 12.4 Attempt to identify, locate, or contact other Beta participants outside the Beta channels without their consent; 12.5 Use the Beta for commercial purposes unless expressly authorized in writing by WekliQ; 12.6 Upload, submit, or transmit any content that is illegal, infringing, defamatory, obscene, or violates the rights of any third party; 12.7 Interfere with, disrupt, or attempt to compromise the security or integrity of the Beta; 12.8 Scrape, harvest, or systematically collect data from the Beta; 12.9 Use the Beta in violation of any applicable law or regulation.
Violation may result in immediate termination of Beta access (and forfeiture of any Premium Grant) and may result in legal action.
13. REPORTS AND WekliQ'S RESPONSE
13.1 Reports inform AI behavioral data. Reports you submit about other users become data about your reporting behavior.
13.2 Reports about you may inform your AI behavioral data if a pattern emerges. A single report from a single user about you does not, on its own, affect WekliQ's compatibility analysis of you with others.
13.3 Serious allegations may trigger discretionary review. Reports involving allegations of any of the following may trigger WekliQ's discretionary review regardless of report volume:
- Abuse
- Misuse of WekliQ
- Fraud
- Scam
- Stalking
- Harassment
- Doxxing
- Identity theft
- Threats of violence
- Sexual misconduct
- Hate speech
- Weapons threats
- Any other allegations of criminal conduct
13.4 WekliQ may, in its sole discretion, take reasonable action in response to reports. Action may include, but is not limited to:
(a) Requesting that involved users provide documentation; (b) Placing a user on indefinite pause pending resolution of any pending criminal charges; (c) Removing and banning a user from the platform; and (d) Other reasonable actions in WekliQ's sole discretion.
WekliQ may also review your account for Terms compliance and terminate your account for misrepresentation, abuse, illegal conduct, fraudulent activity, or other Terms violations.
13.5 WekliQ does not act as a fact-finder or arbiter.
13.6 WekliQ does not communicate outcomes about other users. When WekliQ takes action with respect to any user, WekliQ does not communicate the reason, finding, or characterization of that user to any other user.
14. SAFETY
14.1 In-person interactions are at your own risk. WekliQ did not introduce you to any other user — users bring their own counterparties to WekliQ.
14.2 Reporting safety concerns. Contact WekliQ immediately at kteam@kliqlabs.com. If you are in immediate danger, contact local emergency services.
14.3 Crisis resources. The Beta is not a crisis service. If you are experiencing a mental health crisis, please contact a licensed professional or a crisis line.
15. TERMINATION
15.1 You may terminate at any time by emailing kteam@kliqlabs.com.
15.2 WekliQ may terminate your access at any time for any reason or no reason.
15.3 End of Beta. The Beta will end on a date determined by WekliQ.
15.4 Effect on Premium Grant. Termination does not, by itself, terminate the Premium Grant if you have qualified for it, unless termination is for cause per Section 11.11.
15.5 Surviving provisions. Sections 4, 5, 6, 7, 11 (to the extent applicable), 13, 16, 17, 18, 19, and any other section that by its nature should survive, will survive termination.
16. DISCLAIMERS
16.1 The Beta is provided "AS IS" and "AS AVAILABLE."
16.2 No guarantee of accuracy.
16.3 No guarantee of relationship outcomes.
16.4 No professional advice. Nothing in the Beta constitutes psychological, mental health, medical, legal, financial, or other professional advice.
16.5 No verification of users.
16.6 WekliQ is a tool, not a service that introduces users.
17. LIMITATION OF LIABILITY
17.1 To the maximum extent permitted by law, kliQ Labs, Inc., its officers, directors, employees, contractors, advisors, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages.
17.2 Total liability cap. In no event shall kliQ Labs, Inc.'s total liability to you exceed the greater of (a) one hundred U.S. dollars ($100.00) or (b) the amount you have paid to kliQ Labs, Inc. in the twelve (12) months preceding the claim.
17.3 Jurisdictional limits. Some jurisdictions do not allow the exclusion or limitation of certain damages.
18. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless kliQ Labs, Inc., its officers, directors, employees, contractors, advisors, and affiliates from claims arising out of or related to:
(a) Your use of the Beta or the Premium Grant; (b) Your violation of this Agreement; (c) Your violation of any third party's rights; (d) Your interaction with any other person whose compatibility you assessed; (e) Any content you submit; and (f) Any reports you submit about other users.
19. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER
IMPORTANT: This Section 19 contains an arbitration provision and a class action waiver. By agreeing to this Agreement, you and WekliQ each waive your right to a jury trial and to participate in a class action. Please read this Section carefully.
19.1 Informal resolution first. Before initiating arbitration, you and WekliQ agree to attempt to resolve any dispute informally for at least sixty (60) days. Notices to WekliQ shall be sent to kteam@kliqlabs.com.
19.2 Binding arbitration. If informal resolution fails, you and WekliQ agree to resolve any dispute through binding individual arbitration administered by JAMS under its consumer arbitration rules. The arbitration shall be conducted in Marin County, California, or via remote/virtual proceedings.
19.3 Scope of arbitration. Applies to all claims except injunctive relief in court for IP infringement, unauthorized access, or violation of confidentiality obligations in Section 5.
19.4 Class action waiver. YOU AND WekliQ AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE-PLAINTIFF, OR SIMILAR PROCEEDING ("Class Action"). YOU AND WekliQ EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN ANY CLASS ACTION IN ANY FORUM. THE ARBITRATOR SHALL NOT HAVE AUTHORITY TO COMBINE OR AGGREGATE SIMILAR CLAIMS OR CONDUCT ANY CLASS ACTION NOR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION.
19.5 Mass arbitration coordination. If twenty-five (25) or more substantially similar claims are filed against WekliQ for arbitration within any thirty (30) day period, WekliQ may, at its option, require that arbitration proceed in coordinated bellwether proceedings rather than individually. Specifically:
(a) Coordinated proceedings: Claimants and WekliQ shall select no more than ten (10) bellwether claims to proceed to arbitration first. The remaining claims shall be stayed pending the outcome of the bellwether arbitrations.
(b) Filing fee allocation: For mass arbitrations, WekliQ shall pay only the filing fees and arbitrator fees for the bellwether proceedings during the bellwether phase.
(c) Settlement framework: Following bellwether resolution, the parties shall meet and confer in good faith to attempt settlement of the remaining claims based on bellwether outcomes before proceeding to individual arbitrations.
19.6 30-day right to opt out of arbitration. You may opt out of this arbitration agreement by sending written notice to kteam@kliqlabs.com within 30 days of first accepting this Agreement.
19.7 Governing law and venue. California law governs. Disputes not subject to arbitration shall be brought in courts located in Marin County, California.
19.8 Severability of arbitration provisions. If any portion of this Section 19 is found unenforceable, the remainder shall remain in effect EXCEPT that the class action waiver in Section 19.4 is non-severable.
20. GENERAL PROVISIONS
20.1 Entire agreement.
20.2 Modifications. WekliQ may modify this Agreement at any time. Modifications will be posted at https://wekliq.com/beta-agreement.
20.3 Reservation of future Services and Terms. WekliQ may launch additional services, tiers, or features at any time. Any additional services may be subject to separate terms. Nothing in this Agreement constitutes consent to any future service.
20.4 Severability.
20.5 No waiver.
20.6 No assignment by you.
20.7 Assignment by WekliQ. kliQ Labs, Inc. may assign this Agreement to any successor in interest.
20.8 Notices. Notices to WekliQ: kteam@kliqlabs.com or kliQ Labs, Inc., 225 Locust Street, NST 4, Sausalito, CA 94965.
20.9 Headings are for convenience only.
20.10 Force majeure.
20.11 Relationship of the parties. You are a volunteer tester.
20.12 California consumer rights notice (California Civil Code § 1789.3). The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
20.13 Trade names. kliQ Labs, Inc. operates the Service under one or more trade names, currently WekliQ and kliQ². References in this Agreement to any specific trade name shall be construed to include the other, and to include any successor trade name kliQ Labs, Inc. may adopt for the Service.
21. TRADEMARK NOTICE
WekliQ™ and the WekliQ™ logo are trademarks of kliQ Labs, Inc. Federal trademark applications are pending. The fictitious business name "kliQ²" is registered with Marin County, California. "kliQ²" is used as a trade name (dba) of kliQ Labs, Inc. and is not claimed as a trademark.
22. ACKNOWLEDGMENT
By clicking "I Agree," creating a Beta account, or accessing the Beta in any manner, you acknowledge that:
- You have read this Agreement in full, including Section 19 (Dispute Resolution; Arbitration; Class Action Waiver) and Section 11 (Beta Tester Premium Grant);
- You understand it, including that you are agreeing to binding arbitration and waiving your right to participate in a class action (subject to your 30-day opt-out right in Section 19.6);
- You agree to be bound by it;
- You are at least 18 years old;
- You have the legal capacity to enter into this Agreement;
- You have read and agree to the WekliQ Privacy Policy at https://wekliq.com/privacy;
- You understand the Premium Grant, if you qualify and receive it, is subject to the conditions in Section 11;
- This Agreement becomes effective with respect to you on the date of your acceptance.
If you do not agree, do not access or use the WekliQ Beta.
kliQ Labs, Inc. dba WekliQ™ and kliQ² 225 Locust Street, NST 4 Sausalito, CA 94965 Email: kteam@kliqlabs.com
WekliQ™ — Compatibility Intelligence.
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