Terms of Service
These terms are a legal agreement between you and MechItAll LLC, a Florida limited liability company, about your use of the Questeryng app and website (together, "Questeryng"). When you create an account and tick the box agreeing to them, you agree to these terms, to our Privacy Policy and to our Community Guidelines. If you don't agree, don't use Questeryng.
Please read section 20 carefully. It requires most disputes between you and us to be resolved by individual arbitration rather than in court, and it waives your right to a jury trial and to take part in a class action. You can opt out of arbitration within 30 days of creating your account, as explained there. If you live in Quebec, section 20 doesn't apply to you (see section 21A).
1. Who can use Questeryng
You must be at least 18 years old and legally able to enter into a contract. You can't use Questeryng if you have been convicted of a sexual or violent offense, if you are required to register as a sex offender anywhere, if we have previously banned you, or if the law where you live prohibits you from using it. You may have only one personal account. The information you give us, including your birth date and photos, must be true and about you. Organizations must be real businesses, venues or clubs, and must be represented by someone authorized to act for them.
2. Your account
You're responsible for your account, for everything done with it, and for keeping your sign-in details safe. Don't share, sell, rent or transfer your account, its username, or its progress. If you think someone else is using your account, tell us right away. Usernames must not impersonate anyone, include someone else's trademark, or break our guidelines. We may reclaim or change a username that does.
3. Meeting people
QUESTERYNG DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR IDENTITY CHECKS ON ITS USERS, AND DOES NOT VERIFY WHAT USERS SAY ABOUT THEMSELVES. We don't screen users, and we aren't responsible for how anyone behaves, on Questeryng or in person. You alone are responsible for your interactions with other people and for your own safety and decisions. Please read our Safety Tips before meeting anyone. The "Photo verified" badge only means a reviewer judged that a selfie matched that person's profile photos at that time. It doesn't confirm who someone is, how old they are, or that they're safe. Ranks, levels, titles, standings and badges are game features, not endorsements.
In-person meetings carry risks. Meeting people you don't know, joining activities and doing side quests can lead to injury, illness, loss or damage to property, or other harm. You take part voluntarily and accept those risks. We don't organize, supervise, attend or insure any meetup, activity or quest.
Groups. Anyone can start a group. The host of a limited group decides who joins, and a host can remove members. Anyone who has a closed group's invite link or code can join it, so share it carefully; the host can replace the code at any time. Groups are run by their members, not by us, and we're not responsible for what happens in them, though our Community Guidelines and moderation apply there too.
Tandem (language exchange). Tandem connects people who want to practice languages together. It's informal practice between peers, not professional teaching, and we don't check anyone's language level.
4. Side quests, activities and jobs
- Quests, activities and jobs are arrangements between users. We are not a party to them, aren't anyone's employer, agent, contractor or insurer, and don't guarantee that anything will happen, or happen as described.
- Any real-world payment, gig or job terms are solely between the people involved. Nothing on Questeryng creates an employment, agency or partnership relationship with us.
- Don't post or accept quests that are illegal or dangerous, or that require a license, permit or insurance that you or the helper don't have.
- A user's class, skills and ranks are self-declared or game-based. They aren't professional credentials.
- A group quest can take several adventurers. The Prestige reward for every spot is held when the quest is posted, each accepted adventurer receives the full reward on completion, and Prestige for spots that were never filled is returned to the poster.
- A quest nobody has taken expires 24 hours after its date, or 30 days after it was posted if it has no date. Its Prestige is then returned to the poster, who can post it again. Past activities stop being shown in Explore once they're over.
- Hosts and posters may limit who can join an activity or take a quest (for example by gender, age range, class or photo verification). They must not use these limits to harass or exclude people unlawfully, and anyone bringing a +1 guest to a limited activity must make sure their guest fits too.
5. Organizations
If you use Questeryng for a business, venue, club or other organization, you also promise that you're authorized to bind it to these terms, that your posts are accurate, and that you comply with all laws that apply to what you post, including employment, anti-discrimination, wage, licensing, tax, consumer-protection, health and safety laws. A verified badge means only that we checked that the organization exists; it isn't an endorsement. You are responsible for your events and jobs and for the people you engage through them.
6. Prestige, items and other game features
Prestige, Renown, levels, titles, ranks, standings, Merchant items, guild status and other in-game features:
- are virtual, have no monetary value, aren't your property, and can't be bought, sold, traded, gifted or exchanged for money or anything of value outside the app's own features;
- are a limited, revocable, non-transferable license to use them inside Questeryng;
- may be changed, rebalanced, reset or removed by us at any time, for example to fix errors, reverse progress gained through bugs or abuse, or change the game. We have no liability to you when we do so.
When you offer Prestige as a quest reward, it's held until the quest is completed or cancelled. Farming, exploiting bugs, using multiple accounts, or trading rewards to game the system can lead to your progress being removed and your account being suspended or banned. Everything in this section is forfeited, without compensation, when your account ends.
7. Your content
You keep ownership of what you post: photos, text, messages and other content. You give us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, adapt (for example resize, crop or translate), display and process your content in order to operate, improve and promote Questeryng. This license ends when you delete the content or your account, except for copies other users have already received (such as chat messages), content shared in groups or activities others are part of, and records we must keep. You're responsible for your content, and you promise you have all the rights needed to post it and that it doesn't break the law or anyone's rights.
If you send us ideas or feedback, we may use them freely without paying or crediting you.
8. Things you must not do
In addition to our Community Guidelines, you must not, and must not help anyone else to:
- use bots, scripts, scrapers or any automated means to access Questeryng or collect data from it, or copy, index or compile other users' profiles or content;
- try to work out another user's location, for example by combining distances from several places or accounts, by spoofing your own location, or by any other technique;
- use Questeryng to stalk, track, harass or identify people off the app, or to contact users for marketing, recruiting or solicitation they didn't ask for;
- create more than one personal account, create accounts by automated means, or create a new account after we've suspended or banned you;
- get around rate limits, level gates, verification, blocks, bans, moderation or any other security or access control;
- exploit bugs or glitches, or keep using one after you discover it. Please report it to us instead;
- reverse engineer, decompile, modify or tamper with the app, its servers or its traffic, except where the law expressly allows it despite this restriction;
- interfere with or overload Questeryng, or probe, scan or test its vulnerabilities without our written permission;
- sell, resell or commercially exploit Questeryng, its content or accounts, other than as an organization posting real events and jobs;
- use Questeryng for anything illegal.
9. Rules and moderation
We use automated tools and human review to find harmful content, but we have no obligation to monitor Questeryng and we don't guarantee that harmful content or users will be found. We may remove or hide content, limit features, change your visibility or ranking, suspend accounts or ban accounts, including for behavior off the app, with or without notice, whenever we reasonably believe it's needed to protect people, Questeryng or us, or to comply with the law. We may also report illegal activity to the authorities. If you think we made a mistake, contact contact@mechitall.com.
10. Location, notifications and emergencies
Questeryng uses your location as described in our Privacy Policy. Distances, maps, proximity alerts and notifications are approximate and best-effort, and may be inaccurate, delayed or missed. Questeryng is not an emergency or safety service. Don't rely on it for your safety. In an emergency, contact your local emergency number (911 in Canada and the US).
11. Third-party services
Some features depend on other services, such as Google Firebase and Google Cloud, maps from OpenStreetMap, and events from Ticketmaster. Their terms may apply, and we're not responsible for them or for events, venues and websites run by others. If you downloaded Questeryng from Google Play, Google's terms also apply, but Google isn't responsible for Questeryng.
Places on the map and in suggestions (names, kinds, opening hours) come from OpenStreetMap, a public map anyone can edit, and may be missing, wrong or out of date. A place marked as a "good first-meetup spot" is only a general suggestion based on its kind (for example, cafés and libraries are usually busy and public); it is not an endorsement or a safety check of that place. Use your own judgment.
Translations of posts, profiles and messages are made automatically by Google Cloud Translation. They may be inaccurate or miss the meaning, so don't rely on them for anything important.
12. Copyright complaints
We respect intellectual property rights. If you believe content on Questeryng infringes your copyright, send a notice to our designated agent at MechItAll LLC, Attn: Copyright Agent, 154 Alderwood Dr., Kissimmee, FL 34743-9505, USA, or contact@mechitall.com. The notice must include: your physical or electronic signature; identification of the copyrighted work; identification of the content you want removed and where it is on Questeryng; your contact details; a statement that you believe in good faith the use isn't authorized by the owner, its agent or the law; and a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorized to act for the owner. If your content was removed and you believe that was a mistake, you can send us a counter-notice as described in 17 U.S.C. § 512(g). If you live in Canada, you can also send us a notice under the notice-and-notice regime of the Copyright Act. We ban repeat infringers in appropriate circumstances.
13. Changes to Questeryng
Questeryng is currently free. We may add, change, limit or remove features (including game features and virtual items) at any time, and may suspend or end Questeryng entirely. Some features may be labeled as tests or may be turned off remotely. We'll try to give reasonable notice of significant changes, but we're not liable to you for any change, suspension or discontinuation.
14. Ending your account
You can delete your account at any time in the app. If you don't use your account (sign in or open the app) for 2 years, we may delete it, together with your content and Prestige, as described in our Privacy Policy. Before we do, we'll send a notification to your device 30 days and again 7 days in advance, and opening the app keeps your account. Accounts that were started but never finished (no profile created) may be deleted after 30 days without use. We may suspend or end your access at any time if you break these terms or our guidelines, if we believe your use creates risk or legal exposure for us or others, if we have to by law, or if we discontinue Questeryng. Sections 3, 6, 7 (for content others already received), 8, and 15 to 23 continue to apply after your account ends.
15. Disclaimers
QUESTERYNG IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT QUESTERYNG WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT USER CONTENT, PROFILES, LOCATIONS, DISTANCES, TRANSLATIONS, RATINGS OR VERIFICATION ARE ACCURATE. WE MAKE NO PROMISE ABOUT THE CONDUCT, IDENTITY, INTENTIONS OR SAFETY OF ANY USER, ORGANIZATION OR EVENT.
16. Limitation of liability
TO THE FULLEST EXTENT THE LAW ALLOWS: (A) WE AND OUR MEMBERS, MANAGERS, EMPLOYEES AND AGENTS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, GOODWILL OR VIRTUAL ITEMS; (B) WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR OTHER LOSS ARISING FROM YOUR INTERACTIONS WITH OTHER USERS OR ORGANIZATIONS, ONLINE OR IN PERSON, OR FROM ANY MEETUP, ACTIVITY, EVENT, QUEST OR JOB; AND (C) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO QUESTERYNG IS LIMITED TO THE GREATER OF USD 100 OR THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE. THESE LIMITS APPLY WHATEVER THE LEGAL THEORY, EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE. SOME PLACES DON'T ALLOW SOME OF THESE LIMITS, SO THEY APPLY TO YOU ONLY TO THE EXTENT YOUR LAW ALLOWS. NOTHING HERE LIMITS LIABILITY THAT CAN'T BE LIMITED BY LAW, SUCH AS FOR FRAUD OR, WHERE APPLICABLE, GROSS NEGLIGENCE OR WILFUL MISCONDUCT, OR BODILY OR MORAL INJURY CAUSED TO OTHERS.
17. Release
To the fullest extent the law allows, you release us and our members, managers, employees and agents from all claims, demands and damages, known and unknown, arising out of or connected with disputes between you and other users or organizations, or with anything that happens at a meetup, activity, event, quest or job. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive any similar law elsewhere.
18. Indemnity
To the extent the law allows, you agree to defend, indemnify and hold harmless us and our members, managers, employees and agents from any claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising from your content, your use of Questeryng, your breach of these terms or the law, or your dealings with other users or organizations, online or in person. We may take over the defense of any such claim, and you'll cooperate with us.
19. Time limit for claims
To the extent the law allows, any claim relating to Questeryng must be filed within one (1) year after it arose, or it is permanently barred.
20. Arbitration and class action waiver
Not for Quebec residents. If you live in Quebec, this section doesn't apply to you (see section 21A).
Informal resolution first. Before starting any arbitration or court case, you and we each agree to send the other a written notice describing the dispute and the relief sought (to us at contact@mechitall.com and our postal address; to you at your account's email or phone) and to try in good faith to resolve it informally for at least 60 days. Any time limit is paused during that period.
Binding arbitration. Except as listed below, any dispute, claim or controversy between you and us relating to Questeryng or these terms (including whether this section applies) will be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, before a single arbitrator. The Federal Arbitration Act governs this section. The arbitration may be held by video or phone, or in person in Osceola County, Florida or the county where you live. Fees are paid as the AAA's Consumer Rules require. The arbitrator may award the same individual relief a court could, but only to you individually and only as needed to resolve your individual claim.
Exceptions. Either of us may instead bring an individual claim in small claims court if it qualifies, and either of us may go to court to stop infringement or misuse of intellectual property or unauthorized access to Questeryng.
Class action and jury waiver. YOU AND WE EACH AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING, AND YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL.
Mass filings. If 25 or more similar demands for arbitration are filed against us by or with the help of the same or coordinated counsel, they will be administered in batches of up to 25 at a time (one arbitrator per batch), the next batch starting only after the previous one is finished, and the AAA's mass arbitration rules and fees apply. Time limits for the waiting demands are paused meanwhile.
Opt-out. You can opt out of this arbitration agreement by emailing contact@mechitall.com within 30 days after you first accept these terms, with your name, your account's email or phone, and a clear statement that you opt out of arbitration. Opting out doesn't affect any other part of these terms.
If part of this section fails. If the class action waiver is found unenforceable for a claim, that claim (and only that claim) will be decided in court under section 21, after any individual claims are arbitrated. If any other part of this section is found unenforceable, the rest still applies. If we change this section, the change won't apply to a dispute we already had notice of, and you can reject the change by emailing us within 30 days.
If you live in the European Union, the United Kingdom, Quebec, Australia, New Zealand or another place whose law doesn't allow you to agree to arbitration, a class action waiver or these courts in advance, this section and the venue in section 21 don't apply to you to that extent, and you may bring claims in the courts where you live.
21. Governing law and venue
These terms and any dispute relating to Questeryng are governed by the laws of the State of Florida, USA, and applicable US federal law, without regard to conflict-of-law rules. Subject to section 20, disputes will be resolved exclusively in the state and federal courts located in Osceola County, Florida, and you and we consent to their personal jurisdiction, unless the law where you live requires otherwise.
21A. If you live in Canada, Australia or New Zealand
- Australia: Our services come with guarantees that can't be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies those guarantees or any other right you have under the Competition and Consumer Act 2010. Where we're allowed to limit our liability for failing to meet a guarantee, our liability is limited to supplying the services again or paying the cost of having them supplied again.
- New Zealand: Nothing in these terms limits your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 when you use Questeryng as a consumer.
- Canada: Nothing in these terms limits rights you have under consumer protection laws of your province that can't be waived by contract. If you live in Quebec, the arbitration agreement and class action waiver in section 20 don't apply to you, you may bring claims in the courts of Quebec, and Quebec's Consumer Protection Act applies where it requires.
- In each of these countries, the disclaimers and limits in sections 15 to 19 apply only as far as the law where you live allows.
22. Changes to these terms
We may update these terms. If a change is significant, we'll tell you in the app before it takes effect, and we may ask you to accept the new terms to keep using Questeryng. If you keep using Questeryng after a change takes effect, you accept the new terms. If you don't agree, stop using Questeryng and delete your account.
23. General
- Entire agreement. These terms, the Privacy Policy and the Community Guidelines are the whole agreement between you and us about Questeryng and replace any earlier agreements.
- Severability and waiver. If any part of these terms is unenforceable, it will be enforced to the maximum extent allowed and the rest stays in effect. Not enforcing a part of these terms isn't a waiver of it.
- Assignment. You can't transfer your rights or obligations under these terms. We may transfer ours, for example in a merger, acquisition or sale of assets.
- Force majeure. We're not liable for delays or failures caused by events beyond our reasonable control, such as outages of service providers, natural disasters, war, strikes or government action.
- Notices. We may send you notices in the app, by push notification, or to your account's email or phone, and you agree to receive them electronically. Legal notices to us must be sent to the email and postal address below.
- Language. These terms are available in English and French. If you live in Quebec, the French version is presented to you first and both versions are equally authoritative. Elsewhere, the English version controls if the versions differ.
- Export and sanctions. You may not use Questeryng if you are located in a country subject to a US embargo, or are on a US government list of prohibited or restricted parties.
- No third-party beneficiaries. These terms don't give rights to anyone except you and us, except that our members, managers, employees and agents can rely on sections 15 to 18.
Contact
MechItAll LLC, 154 Alderwood Dr., Kissimmee, FL 34743-9505, USA · contact@mechitall.com