Questr — Terms of Service

1. Acceptance of Terms

By accessing, downloading, installing, or using the Questr mobile application, website, or any associated services (“Platform”), you (“User,” “you,” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy.

If you disagree with any provision of these Terms, you must immediately stop using the Platform. Your continued use constitutes acceptance of any modifications posted from time to time.

These Terms form a legally binding agreement between you and Questr Software Ltd., a Canadian corporation (“Questr,” “the Company,” “we,” “our,” or “us”).

Beta Notice: The Platform is currently offered as a beta service and may contain errors, incomplete features, or intermittent disruptions. You understand and accept that reliability, performance, and data integrity may not yet be fully tested or guaranteed.

2. Nature of the Platform

Questr provides an online technology platform that enables individuals to connect and independently negotiate, offer, or obtain in-person services (“Jobs”) between independent users (“Providers” and “Clients”).

Questr does not provide, perform, control, or supervise any Jobs, nor does it employ, contract, or manage Providers. Questr is not a party to any contract or agreement formed between Users. All listings, communications, arrangements, and performance are entirely at the Users’ own risk and discretion.

3. No Agency, Employment, or Partnership

Nothing in these Terms shall create an employment, joint-venture, franchise, or agency relationship between you and Questr.

Providers are independent contractors, solely responsible for their actions, taxes, insurance, equipment, licensing, and compliance with all applicable laws.

Questr does not provide workers’ compensation, unemployment insurance, or benefits of any kind.

You agree that Questr has no control over and no liability for how, when, or whether a service is performed.

4. User Responsibilities

• You are at least 18 years old and legally capable of entering into binding contracts.
• You will comply with all applicable municipal, provincial, state, and federal laws, regulations, and safety codes.
• You will not post or solicit any illegal, unsafe, fraudulent, or prohibited activity.
• You are solely responsible for verifying the identity, background, qualifications, and insurance of anyone you engage with.
• You assume full responsibility for your own safety and that of others in any in-person interaction arranged through the Platform.

Questr does not vet, screen, or verify any user or service and makes no warranty regarding accuracy or legitimacy of listings or communications.

5. Assumption of Risk

You understand that participating in person-to-person jobs involves inherent risks, including injury, property damage, theft, illness, negligence of others, equipment failure, or death.

By using the Platform, you:

• Voluntarily assume all such risks, whether foreseen or unforeseen.
• Waive any right to hold Questr responsible for any resulting loss, damage, injury, or death.
• Acknowledge that Questr has made no promise regarding safety, supervision, training, equipment, insurance, or risk mitigation.

6. Release of Liability

To the fullest extent permitted by law, you irrevocably release, discharge, and hold harmless Questr Software Ltd., its officers, directors, employees, shareholders, contractors, affiliates, agents, successors, and assigns from any and all claims, causes of action, damages, demands, losses, or liabilities arising out of or related to:

• Your use of or inability to use the Platform;
• Any service, transaction, or communication with another User;
• Personal injury, death, emotional distress, property damage, or theft;
• Negligence, misrepresentation, breach, or misconduct of any User;
• Any third-party content, advertisement, or link accessible through the Platform.

If you reside in a jurisdiction recognizing “general release” limitations (e.g., California Civil Code §1542), you expressly waive those protections.

7. Prohibited Uses

You may not use the Platform to:

• Offer or request illegal, violent, or unsafe activities;
• Post false, misleading, or defamatory information;
• Engage in harassment, discrimination, or stalking;
• Perform unlicensed professional services;
• Circumvent Platform fees or payment systems;
• Distribute malware, spam, or scrape data;
• Collect or store personal information without consent;
• Infringe intellectual-property rights of others.

Questr may remove any content or suspend accounts at its sole discretion and without notice.

8. Payments, Verification, and Disputes (Expanded)

All payments must occur through Questr’s authorized payment channels unless Questr provides written consent otherwise.

Questr is not a payment processor and uses third-party providers, including Stripe Connect, to handle identity verification, background checks, payment processing, and related services.

Your use of Stripe Connect is subject to the Stripe Services Agreement and Stripe Connect Account Agreement.

Stripe Connect performs:

• Identity verification of Users (Providers and Clients) using government-issued identification and background screening as required by law;
• Payment processing, including collection, holding, and distribution of funds between Users;
• Tax form generation and reporting (e.g., T4A or 1099) where applicable; and
• Compliance checks for fraud prevention, sanctions, and anti-money-laundering obligations.

Questr does not collect, store, or have access to Users’ banking information, government identification, or payment credentials. All such data is transmitted directly to and processed securely by Stripe.

Verified Badges: Users who complete identity verification through Stripe may receive a “Verified” badge on their Questr profile. Such badges indicate only that Stripe has confirmed the User’s identity through its verification process and do not constitute Questr’s endorsement or guarantee of reliability, safety, or competence.

Refunds, Cancellations, and Disputes: Refunds, cancellations, chargebacks, and disputes must be resolved directly between Users and Stripe under Stripe’s procedures. Questr is not obligated to intervene, mediate, or refund any fees once transactions have been processed through Stripe Connect.

9. Indemnification

You agree to defend, indemnify, and hold harmless Questr Software Ltd. and its affiliates from any and all claims, actions, suits, proceedings, losses, damages, costs, and expenses (including reasonable legal fees) arising from or relating to:

• Your use of or access to the Platform;
• Any service you perform, request, or receive;
• Your use of Stripe Connect or violation of Stripe’s terms;
• Your breach of these Terms or of any applicable law;
• Your violation of the rights of any third party;
• Your negligent or intentional acts or omissions.

This obligation survives termination of your account and use of the Platform.

10. No Warranties

The Platform and all related content are provided “as is,” “as available,” and without warranty of any kind, express or implied.

Questr expressly disclaims all warranties, including but not limited to:

• Merchantability or fitness for a particular purpose;
• Non-infringement;
• Accuracy, reliability, or completeness;
• Security, uptime, or error-free performance;
• Any guarantee that Users, services, or content are safe, lawful, or insured.

Questr makes no warranty as to the performance or reliability of Stripe Connect or any other third-party services. You acknowledge that Questr has no control over Stripe’s identity verification, payment processing, or tax compliance decisions and assumes no liability for any delay, denial, or error arising from Stripe’s systems.

You use the Platform and any integrated third-party services at your sole risk.

11. Limitation of Liability

To the maximum extent permitted by law:

• Questr shall not be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, including loss of profits, business interruption, goodwill, or data, even if advised of the possibility of such damages.
• Questr’s aggregate liability for any claim shall not exceed the greater of (a) the total amount paid by you to Questr in the preceding three months, or (b) CAD $25.
• Questr shall not be liable for any loss, damage, or injury resulting from force majeure events, internet failures, cyberattacks, government orders, or user negligence.
• Questr shall not be liable for any issues, disputes, or losses arising from Stripe Connect, including but not limited to verification delays, payment errors, withheld payouts, or tax misreporting.

Some jurisdictions do not allow certain exclusions; in such cases, Questr’s liability is limited to the minimum extent permitted by law.

12. Data and Security

Questr employs reasonable safeguards to protect information but cannot guarantee absolute security.

By using the Platform, you acknowledge and agree that:

• All personal, financial, and identity information submitted for verification or payment is collected, transmitted, and processed directly by Stripe Connect, not by Questr.
• Questr does not receive, store, or have access to your bank account information, credit card numbers, government identification, or background check details.
• Stripe Connect maintains its own compliance certifications (including PCI-DSS and SOC standards) and is solely responsible for security of your payment and identity data.
• You accept the risk of unauthorized access, interception, or data loss resulting from transmission over the internet or actions of third parties. Questr is not liable for breaches or disclosures caused by Stripe or any external provider.

Your use of Stripe Connect is also governed by Stripe’s Privacy Policy, which you should review carefully.

13. Platform Availability

Questr does not warrant that the Platform will be uninterrupted, timely, secure, or error-free. Maintenance, updates, or failures may cause downtime. Questr shall not be liable for any delay, data loss, or inconvenience resulting from system outages, technical failures, or third-party service interruptions, including those of Stripe Connect.

14. Intellectual Property

All trademarks, content, and technology on the Platform belong to Questr or its licensors. You may not copy, modify, distribute, reverse engineer, or commercially exploit any part of the Platform without written permission.

15. Governing Law, Arbitration, and Class-Action Waiver

These Terms are governed by the laws of Ontario, Canada, and, where applicable, federal laws of Canada and the United States.

Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms shall be resolved by binding arbitration under the rules of the Canadian Arbitration Association. The arbitration shall occur in Ottawa, Ontario, before a single neutral arbitrator.

Waiver of Jury and Class Action: You waive any right to a jury trial or to participate in any class, collective, or representative proceeding.

Equitable Relief: Questr may seek injunctive or equitable relief in court to protect its intellectual property or confidential information.

16. Severability and Survival

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect. Sections relating to limitation of liability, indemnification, disclaimers, arbitration, and releases survive termination.

17. Termination

Questr may suspend or terminate your account at any time, for any reason, without notice or liability. Upon termination, your obligations under these Terms (including indemnification and release) continue indefinitely.

18. Entire Agreement and Modifications

These Terms, together with the Privacy Policy and any supplemental policies, constitute the entire agreement between you and Questr and supersede all prior understandings.

Modifications: Questr may revise or update these Terms at any time by posting a new version on the Platform. The “Last Updated” date above will reflect the effective date of the changes. Your continued use after any changes are posted constitutes your acceptance of the updated Terms.

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