Terms of Service

The Codequiry website located at codequiry.com (the "Site") and all associated services, applications, APIs, and software (collectively, the "Service") are copyrighted works owned and operated by Codequiry, LLC. Certain features of the Service may be subject to additional guidelines, terms, policies, or rules, which shall be posted on the Site in connection with such features and are expressly incorporated herein by reference.

These Terms of Use (the "Terms" or "Agreement") constitute a legally binding contract governing your access to and use of the Service. By creating an account, accessing the Site, submitting code or content, or using any feature of the Service, you unequivocally agree to be bound by these Terms and affirmatively represent that you possess the legal authority and capacity to enter into this Agreement. You must be at least eighteen (18) years of age or the age of majority in your jurisdiction of residence, whichever is greater, to access or use the Service. If you do not agree with any provision of these Terms, you are expressly prohibited from accessing or using the Service. These Terms contain mandatory arbitration provisions (Section 26) requiring individual arbitration of disputes and a class action waiver, which significantly affect your legal rights.

Codequiry and all associated intellectual property, including but not limited to proprietary algorithms, machine learning models, comparison databases, source code, trademarks, service marks, trade names, and copyrighted content, are owned by CQC Pvt. Ltd., a private limited company duly organized and existing under the laws of India, with its principal place of business in Indore, India. The Service and all intellectual property therein are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws of India, the United States, and international treaties. All payment processing services for Codequiry subscriptions and transactions are conducted exclusively through Codequiry, LLC, a limited liability company organized under the laws of the State of Delaware, United States.

All disputes, claims, controversies, or legal proceedings arising from or relating to these Terms or your use of the Service shall be governed by and construed in accordance with the substantive laws of India, without giving effect to any choice or conflict of law provision or rule. Any arbitration or legal proceedings shall be conducted in Indore, India, and shall proceed under Indian law. Notwithstanding the foregoing, to the extent permitted by applicable law, these Terms shall also be construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles, provided that Indian law shall govern where specifically required by applicable regulations or where the parties have expressly agreed to the application of Indian law.

By accessing or using the Service, you represent, warrant, and covenant that: (a) you are at least eighteen (18) years of age or have attained the age of majority in your jurisdiction of residence, whichever is higher; (b) you possess the full legal capacity, right, and authority to enter into and be bound by these Terms; (c) you are not located in, organized under the laws of, or a resident of any country, territory, or jurisdiction that is subject to comprehensive economic sanctions or embargo imposed by the United States Government, including but not limited to Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine; (d) you are not identified on any United States Government list of prohibited, restricted, or sanctioned parties, including but not limited to the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control (OFAC); and (e) you will comply strictly with all applicable federal, state, local, and international laws, regulations, ordinances, and rules in your use of the Service.

1. Prohibited Jurisdictions: EU/EEA/UK User Restrictions

Citizens, residents, and nationals of the European Union (EU), European Economic Area (EEA), and United Kingdom (UK) are expressly PROHIBITED from creating accounts, accessing, or using the Service in any manner whatsoever. There are NO exceptions to this restriction. By creating an account or accessing the Service, you affirmatively represent, warrant, and covenant that you are NOT a citizen, national, or resident of any EU, EEA, or UK member state or territory. This prohibition applies irrespective of your current physical location, temporary residence, or use of technological means to obscure your location or jurisdiction.

2. Consequences of Unauthorized EU/EEA/UK Access

If you are a citizen, national, or resident of the EU, EEA, or UK and nevertheless create an account or access the Service, you acknowledge and agree that: (a) your access constitutes an immediate, knowing, and material breach of these Terms; (b) your account shall be subject to immediate termination without notice or refund upon discovery of your prohibited status; (c) you irrevocably and unconditionally waive, relinquish, and forfeit any and all rights, protections, or remedies under the General Data Protection Regulation (GDPR), UK GDPR, or any other EU/UK data protection legislation or regulation; (d) you assume complete, sole, and absolute legal liability and responsibility for your unauthorized access and use of the Service; (e) you agree to defend, indemnify, and hold harmless Codequiry against any and all regulatory actions, investigations, fines, penalties, sanctions, or enforcement proceedings initiated by any EU, EEA, or UK regulatory authority; and (f) Codequiry bears zero legal liability, responsibility, or obligation to you under GDPR, UK GDPR, or any EU/UK law. Refer to our GDPR Policy for comprehensive details.

3. Limited License Grant and Prohibited Conduct

Subject to your strict compliance with all terms and conditions set forth in this Agreement, Codequiry grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal or internal business purposes in accordance with these Terms. This grant constitutes a license only and not a transfer of title, ownership, or any proprietary rights. All rights not expressly granted herein are reserved by Codequiry. Under this license, you are expressly prohibited from engaging in any of the following activities:

• Modifying, copying, reproducing, duplicating, or creating derivative works based upon the Service or any component thereof;
• Selling, renting, leasing, lending, sublicensing, distributing, transferring, or otherwise providing access to the Service to any third party, whether for commercial or non-commercial purposes, except as expressly authorized in writing by Codequiry;
• Accessing or using the Service for the purpose of building, developing, training, or operating a competing, similar, or substantially equivalent service, product, or technology;
• Using the Service, or any content, data, output, or materials obtained therefrom, for any unauthorized commercial purpose or for public display, publication, or dissemination;
• Decompiling, disassembling, reverse engineering, or otherwise attempting to derive, discover, or reconstruct the source code, algorithms, methodologies, techniques, or underlying ideas or trade secrets of the Service;
• Removing, altering, obscuring, or defacing any copyright, trademark, patent, or other proprietary rights notices, labels, or marks from any portion of the Service;
• Transferring, redistributing, republishing, or mirroring any materials, content, or data from the Service to any third-party server, platform, or repository;
• Attempting to gain, or facilitating any third party's attempt to gain, unauthorized access to the Service, associated computer systems, networks, servers, databases, or user accounts;
• Introducing, uploading, transmitting, or otherwise providing to the Service any viruses, Trojan horses, worms, logic bombs, time bombs, spyware, ransomware, malware, or any other malicious or harmful code, files, or programs;
• Deploying or utilizing any robot, spider, crawler, scraper, offline reader, site search/retrieval application, or any other automated tool, script, or process to access, monitor, extract, copy, index, or scrape the Service or any content, data, or materials therein;
• Framing, mirroring, or utilizing framing techniques, inline linking, or other methods to enclose, surround, or display any trademark, logo, trade name, service mark, or other proprietary information of Codequiry without express prior written consent;
• Employing any meta tags, keywords, hidden text, or other metadata utilizing Codequiry's name, trademarks, or proprietary designations for search engine optimization or other purposes;
• Engaging in any conduct that interferes with, disrupts, degrades, or impairs the Service, servers, networks, infrastructure, or any other users' access to or enjoyment of the Service;
• Probing, scanning, testing, or attempting to breach the security, vulnerability assessment, penetration testing, or authentication measures of the Service or any related systems or networks without express prior written authorization;
• Transmitting, storing, uploading, posting, or otherwise making available through the Service any content, material, or data that is unlawful, infringing, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or otherwise objectionable;
• Impersonating any individual, entity, or organization, or falsely stating, implying, or misrepresenting your identity, credentials, affiliations, or relationship with any person or entity;
• Forging, manipulating, or falsifying any TCP/IP packet header, email header, or any component of header information in any communication or content transmitted through the Service;
• Conducting, performing, or publishing any performance testing, load testing, stress testing, benchmark analysis, or competitive evaluation of the Service without Codequiry's express prior written consent;
• Creating, compiling, or building any database, dataset, repository, or compilation through systematic collection, downloading, aggregation, or storage of Service content, data, or outputs;
• Using the Service in any manner that violates, contravenes, or infringes any applicable federal, state, local, or international law, statute, ordinance, regulation, rule, or any third-party intellectual property, privacy, publicity, contractual, or other proprietary rights;
• Sharing, disclosing, divulging, or otherwise providing your account credentials, passwords, API keys, access tokens, or authentication information to any third party, or permitting any unauthorized person to access or use your account;
• Using the Service in any manner that could disable, damage, overburden, impair, overwhelm, or compromise Codequiry's servers, networks, infrastructure, or systems, or that interferes with any other party's authorized use and enjoyment of the Service; or
• Attempting to circumvent, bypass, disable, or otherwise interfere with any security features, access controls, usage restrictions, rate limits, content filtering mechanisms, or protective measures employed by or incorporated into the Service.

This license shall terminate automatically, immediately, and without notice upon your breach or violation of any provision, restriction, or obligation contained in these Terms. Codequiry reserves the right to terminate this license at any time, with or without cause, at its sole and absolute discretion. Upon termination of this license for any reason, you must immediately cease all use of the Service and destroy, delete, or return to Codequiry any and all materials, content, data, or information obtained from or through the Service, whether in electronic, digital, printed, or any other format, and certify such destruction or return in writing upon Codequiry's request.

4. User Obligations and Account Security

As a user of the Service, you acknowledge and agree that you bear sole and exclusive responsibility for:

• All activities, actions, submissions, transactions, and conduct occurring under or through your account, regardless of whether such activities were authorized or conducted by you, your employees, agents, contractors, or any third party;
• Maintaining the security, confidentiality, and integrity of your account credentials, including without limitation your username, password, API keys, access tokens, authentication codes, and any other authentication or security information;
• Implementing and maintaining reasonable security measures to prevent unauthorized access to, use of, or disclosure of your account credentials and authentication information;
• Promptly notifying Codequiry in writing immediately upon becoming aware of any actual, suspected, or potential unauthorized access to, use of, or breach of your account or credentials;
• Immediately resetting your password and revoking any potentially compromised API keys or access tokens upon any suspected security incident;
• Ensuring that all information provided to Codequiry in connection with your account registration and use of the Service is accurate, current, complete, and truthful at all times;
• Complying strictly with all terms, conditions, restrictions, obligations, policies, and guidelines set forth in these Terms and any other policies or instructions provided by Codequiry; and
• Indemnifying and holding Codequiry harmless from any and all liabilities, losses, damages, claims, costs, and expenses arising from unauthorized access to or use of your account due to your failure to maintain adequate security.

5. Additional Use Restrictions and Reservation of Rights

The limited license rights granted to you under Section 3 are expressly subject to, and conditioned upon your compliance with, the following additional restrictions and limitations:

• You shall not, and shall not authorize, permit, or enable any third party to, sell, rent, lease, transfer, assign, distribute, host, outsource, sublicense, timeshare, or otherwise commercially exploit or make the Service available to any third party on a service bureau, application service provider, or similar basis;
• You shall not modify, alter, adapt, translate, or create any derivative works based upon any component, feature, or functionality of the Service;
• You shall not disassemble, decompile, reverse compile, or reverse engineer any aspect, element, or component of the Service, or attempt to discover, derive, or reconstruct any source code, underlying algorithms, file formats, programming interfaces, or proprietary protocols;
• You shall not access or use the Service for the purpose or with the intention of building, developing, designing, creating, training, or operating any similar, competing, or substitute service, product, software, or technology;
• Except as expressly and unambiguously permitted in these Terms, you shall not copy, reproduce, duplicate, replicate, distribute, redistribute, publish, republish, download in bulk, display, perform, transmit, or otherwise make available any portion of the Service in any form or by any means.

All updates, upgrades, enhancements, modifications, new features, new releases, patches, bug fixes, and any other additions to the functionality or capability of the Service, whether provided automatically or upon request, shall be deemed part of the Service and subject to all terms and conditions of this Agreement. All copyright notices, trademark designations, patent markings, proprietary rights legends, and other intellectual property notices appearing on or in the Service must be retained, preserved, and reproduced on all authorized copies, if any.

5.1. Code Submission Rights, Warranties, and Perpetual License Grant

By uploading, submitting, transmitting, or otherwise providing any source code, programming files, scripts, software, algorithms, documentation, or any other programming-related content or materials (collectively, "Submitted Code") to or through the Service, you hereby represent, warrant, covenant, and guarantee to Codequiry that:

• You are the sole and exclusive owner of all right, title, and interest in and to the Submitted Code, or alternatively, you have obtained and possess all necessary and sufficient legal rights, licenses, permissions, consents, and authorizations to submit such Submitted Code to the Service and to grant the licenses and rights set forth in these Terms;
• The Submitted Code does not and will not infringe, violate, misappropriate, or otherwise conflict with any third-party intellectual property rights, including without limitation any copyrights, patents, trademarks, trade secrets, moral rights, database rights, sui generis rights, or any other proprietary or personal rights;
• You have obtained and possess all necessary and legally sufficient permissions, written consents, approvals, and authorizations from all relevant parties to submit the Submitted Code, including without limitation from students, faculty members, educational institutions, employers, clients, contractors, or any other persons or entities having any rights or interests in the Submitted Code;
• The Submitted Code does not contain, incorporate, or disclose any confidential, proprietary, or trade secret information belonging to any third party, unless you have obtained express written authorization from such third party to disclose such information to Codequiry;
• The Submitted Code and your submission thereof complies fully with all applicable federal, state, local, and international laws, statutes, ordinances, regulations, rules, institutional policies, academic integrity codes, employment agreements, and contractual obligations;
• You possess full legal capacity, power, and authority to grant all licenses, rights, permissions, and authorizations described and contemplated in these Terms;
• The Submitted Code does not contain any personally identifiable information, protected health information, financial account information, social security numbers, or other sensitive personal data, except to the extent strictly necessary and appropriate for the intended plagiarism detection purpose, and you have obtained all required consents for processing such information;
• You will not submit any code that contains, incorporates, or is designed to enable viruses, malware, ransomware, spyware, Trojan horses, worms, logic bombs, time bombs, backdoors, exploits, or any other malicious, harmful, or unauthorized code, files, scripts, or programs;
• The Submitted Code does not contain any material that is unlawful, defamatory, libelous, threatening, harassing, abusive, obscene, or otherwise objectionable under applicable law or professional standards; and
• All representations, warranties, and statements made herein are true, accurate, complete, and not misleading in any respect.

Perpetual, Irrevocable, and Comprehensive License to Submitted Code

By submitting any Submitted Code to or through the Service, you hereby grant, convey, transfer, and assign to Codequiry, its successors, assigns, parent companies, subsidiaries, affiliates, and licensees, a worldwide, universal, non-exclusive, unrestricted, unlimited, royalty-free, fully paid-up, fully sublicensable through multiple tiers, transferable, assignable, perpetual, and irrevocable (except as required by applicable law) right, license, and authorization to access, use, reproduce, copy, store, cache, archive, preserve, adapt, modify, edit, revise, translate, reformat, transform, create derivative works based upon, incorporate, combine, aggregate, analyze, process, compile, excerpt, publish, publicly display, publicly perform, distribute, redistribute, transmit, broadcast, make available, and otherwise exploit your Submitted Code, in whole or in part, in any manner, format, medium, or technology now known or hereafter developed, for any and all purposes whatsoever, including without limitation the following purposes:

• Providing, operating, maintaining, and improving the plagiarism detection and code analysis services;
• Building, training, testing, and improving our plagiarism detection algorithms, machine learning models, and artificial intelligence systems;
• Creating comparison databases and reference corpora for plagiarism detection;
• Generating similarity reports and analysis results;
• Developing new features, products, and services;
• Conducting research and development related to code similarity detection and academic integrity;
• Creating aggregated, anonymized, or de-identified datasets for research, benchmarking, or commercial purposes;
• Complying with legal obligations and enforcing these Terms; and
• Any other purpose related to the operation and improvement of the Service.

You acknowledge and agree that: (a) once code is submitted to the Service, it may become part of our comparison database indefinitely, even after your account is terminated; (b) Codequiry has no obligation to delete, return, or cease using Submitted Code except as required by applicable law; (c) the license granted to Codequiry survives any termination of these Terms or your account; (d) Codequiry may compare your Submitted Code against other users' submissions and publicly available code; and (e) the results generated by the Service may be shared with instructors, administrators, or other authorized parties as designated by you or as required by institutional arrangements.

Database Rights and Proprietary Technology

You acknowledge that Codequiry's comparison databases, algorithms, machine learning models, similarity detection methodologies, analysis techniques, and all related intellectual property constitute valuable proprietary assets and trade secrets of Codequiry. You agree that: (a) you will not attempt to access, copy, reverse engineer, or extract any portion of our databases or algorithms; (b) you will not use the Service to build, train, or improve any competing plagiarism detection service or product; (c) you will not use the Service or its outputs to create any derived database or dataset for commercial purposes; (d) any insights, patterns, or methodologies you observe from using the Service remain Codequiry's proprietary information; and (e) you will not disclose any information about the Service's functionality, accuracy, methodology, or operation to any third party without Codequiry's prior written consent.

5.2. Prohibited Code Submissions

You expressly agree NOT to submit any of the following through the Service:

• Code containing classified, export-controlled, or defense-related information;
• Code containing trade secrets or proprietary information belonging to third parties without proper authorization;
• Code that contains personally identifiable information (PII), protected health information (PHI), financial data, or other sensitive personal data beyond what is necessary for educational purposes;
• Code designed to cause harm, including malware, viruses, ransomware, spyware, or exploits;
• Code that violates any applicable law, regulation, or third-party rights;
• Code from closed-source commercial software or proprietary systems without authorization;
• Code that contains cryptographic keys, passwords, credentials, or authentication tokens;
• Code related to weapons systems, nuclear facilities, or other sensitive infrastructure; or
• Any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.

Violation of these prohibitions may result in immediate account termination, legal action, and reporting to appropriate authorities.

5.3. Analysis Results and Limitations

You acknowledge and agree that:

• No Guarantee of Accuracy: Codequiry's plagiarism detection is based on algorithmic analysis and may produce false positives (flagging original code as plagiarized) or false negatives (failing to detect actual plagiarism). Results should be used as one tool among many in assessing code similarity.
• Not Legal Advice: The Service does not provide legal advice and should not be relied upon for legal determinations regarding copyright infringement or intellectual property rights.
• Educational Tool Only: Results are provided for informational and educational purposes. Codequiry does not make determinations about academic misconduct, disciplinary actions, or grade assignments.
• Human Review Required: All analysis results should be reviewed and interpreted by qualified humans. Automated results alone should never be the sole basis for academic or professional decisions.
• Context Matters: The Service may not account for authorized code sharing, open-source libraries, common coding patterns, boilerplate code, or educational materials that students are permitted to use.
• Limited Coverage: The Service's comparison database, while extensive, does not encompass all possible sources of code. Code may be plagiarized from sources not included in our databases.
• No Liability for Decisions: Codequiry is not responsible for any academic, employment, or legal consequences resulting from the interpretation or use of analysis results.

5.4. Account Sharing and Multi-User Prohibitions

Each account is licensed for use by a single individual user only. You may not: (a) share your account credentials with others; (b) allow multiple individuals to use a single account; (c) create accounts on behalf of others without proper authorization; (d) sell, transfer, or sublicense your account access; (e) use automated systems to create multiple accounts; or (f) circumvent user, seat, or usage limits through any means. Enterprise and institutional licenses with multi-user access must be obtained through separate written agreements with Codequiry. Violation of this provision constitutes a material breach and will result in immediate account termination and potential legal action for contract breach and fraud.

6. Changes to the Site

Codequiry reserves the right to change, suspend, or cease the Site with or without notice to you. You agree that Codequiry will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.

6.1. API Usage and Service Availability

If you use Codequiry's API services, you agree to the following additional terms:

• Rate Limits: You will not exceed the rate limits, request quotas, or usage limits specified in your subscription plan. Excessive usage may result in automatic throttling, temporary suspension, or permanent termination without refund;
• Compliance: You will not use the API for any purpose that violates these Terms, applicable laws, regulations, or third-party rights;
• Error Handling: You will implement appropriate error handling, retry logic with exponential backoff, and circuit breakers in your applications to prevent abuse;
• No Reverse Engineering: You will not attempt to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, algorithms, or methodology of the API or Service;
• No Competing Use: You will not use the API to build, train, improve, or operate any competing plagiarism detection service, code analysis tool, or similar product, whether commercial or non-commercial;
• Limited Caching: You will not cache, store, or retain API responses beyond what is strictly necessary for your legitimate, authorized use. You will not create derivative databases or datasets from API responses;
• Accurate Requests: You will provide accurate, complete, and truthful information in all API requests and will not attempt to manipulate or game the Service;
• No Malicious Use: You will not use the API to transmit malicious code, viruses, exploits, spam, or other harmful content;
• IP Protection: You will respect and comply with all intellectual property rights, including those of Codequiry and third parties, in your use of the API;
• Infrastructure Protection: You will not use the API in a manner that could damage, disable, overburden, impair, or compromise Codequiry's servers, networks, or infrastructure;
• API Key Security: You will keep your API keys strictly confidential and secure. You are solely responsible for all activity under your API keys. You will immediately revoke and regenerate API keys if they are compromised or potentially exposed;
• No Resale: You will not resell, sublicense, or provide access to the API to any third party without Codequiry's express written consent;
• Monitoring: You acknowledge that Codequiry monitors API usage and may suspend or terminate access for suspicious activity, abuse, or violation of these Terms;
• Attribution: If required by your subscription plan, you will display appropriate attribution to Codequiry when using the API;
• No Warranty: The API is provided "as is" without warranties of any kind, including warranties of availability, accuracy, or fitness for a particular purpose; and
• Changes to API: Codequiry may modify, deprecate, or discontinue any API endpoint, feature, or functionality at any time with or without notice.

Service Level and Availability

Codequiry strives to maintain high service availability but DOES NOT GUARANTEE 100% UPTIME OR AVAILABILITY. The Service may be temporarily or permanently unavailable due to: (a) scheduled or emergency maintenance; (b) updates, upgrades, or modifications; (c) technical difficulties or infrastructure failures; (d) force majeure events; (e) third-party service provider failures; (f) security incidents or attacks; (g) abuse or excessive usage by users; or (h) any other factors beyond Codequiry's reasonable control. Codequiry will use commercially reasonable efforts to provide advance notice of scheduled maintenance when possible, but has no obligation to do so. You agree that Codequiry will have no liability for any downtime, data loss, or unavailability of the Service.

Service Monitoring and Abuse Prevention

Codequiry implements automated monitoring systems to detect abuse, excessive usage, suspicious patterns, security threats, and violations of these Terms. If our systems detect potential abuse or violations, Codequiry may, without prior notice: (a) throttle or rate-limit your access; (b) temporarily or permanently suspend your account; (c) block your IP addresses; (d) revoke API keys; (e) require additional verification or documentation; (f) conduct manual review of your usage; or (g) take any other action deemed necessary to protect the Service and other users. You acknowledge that false positives may occur and that Codequiry's determination of abuse is final and binding.

7. No Refunds Policy – All Sales Final

ALL SALES, PURCHASES, SUBSCRIPTIONS, FEES, AND CHARGES ARE FINAL, ABSOLUTE, NON-REFUNDABLE, AND NON-REVERSIBLE UNDER ANY AND ALL CIRCUMSTANCES. Codequiry operates a fully automated, error-free billing and subscription management system that has been extensively tested and validated to ensure accurate processing and cancellation of subscriptions without defects, bugs, or errors. Accordingly, Codequiry does not, under any circumstances whatsoever, offer, provide, or grant refunds, credits, pro-rata adjustments, or any other form of monetary or service compensation for any reason.

You bear sole, exclusive, and absolute responsibility for actively managing, monitoring, and canceling your subscription. You must affirmatively cancel your subscription during the trial period (if applicable) to avoid automatic conversion to a paid subscription. If you fail, neglect, or forget to cancel your subscription prior to the conclusion of any trial period or before the next billing cycle commences, you irrevocably agree to pay the full subscription fee for the entirety of the applicable billing period. No refunds, partial refunds, pro-rata refunds, credits, or adjustments will be issued under any circumstances, including but not limited to: (a) accidental, unintended, or mistaken purchases; (b) failure to cancel a subscription prior to billing; (c) dissatisfaction with the Service; (d) lack of use of the Service; (e) technical difficulties or inability to access the Service; (f) change of mind; (g) financial hardship; or (h) any other reason, claim, or circumstance whatsoever, whether foreseen or unforeseen.

YOU EXPRESSLY ACKNOWLEDGE, AGREE, AND COVENANT THAT YOU WILL NOT INITIATE, FILE, PURSUE, OR PARTICIPATE IN ANY PAYMENT DISPUTE, CHARGEBACK, REVERSAL, OR SIMILAR CLAIM WITH YOUR CREDIT CARD COMPANY, FINANCIAL INSTITUTION, PAYMENT PROCESSOR, OR PAYMENT SERVICE PROVIDER REGARDING ANY FEES OR CHARGES ASSESSED BY CODEQUIRY. Any attempt to initiate, file, or pursue a chargeback, payment dispute, or reversal shall constitute an immediate, knowing, and material breach of these Terms and will result in: (i) immediate and permanent termination of your account and all access rights without notice; (ii) forfeiture of any and all paid fees without refund or credit; (iii) Codequiry's pursuit of all available legal remedies, including but not limited to collection actions, civil litigation, and recovery of damages; and (iv) your liability for all costs, expenses, and fees incurred by Codequiry, including reasonable attorneys' fees, court costs, collection agency fees, and expert witness fees.

By creating an account, accessing the Service, or making any purchase, you expressly, knowingly, voluntarily, and irrevocably acknowledge, understand, accept, and agree that: (a) all fees, charges, and subscription payments are completely and entirely non-refundable, non-reversible, and non-creditable under all circumstances without exception; (b) you will not dispute, contest, challenge, or chargeback any fee, charge, or payment made to Codequiry through any means whatsoever; (c) any chargeback, payment dispute, or reversal attempt shall constitute a material and willful breach of these Terms entitling Codequiry to immediate termination and pursuit of all legal remedies; (d) Codequiry reserves the unqualified right to pursue collection of any and all unpaid, disputed, or charged-back fees through any and all available legal means, including but not limited to engaging collection agencies, filing civil lawsuits, obtaining judgments, and pursuing wage garnishments or asset liens; and (e) you shall be personally liable for and will promptly pay all costs, expenses, and fees associated with collection efforts, including but not limited to reasonable attorneys' fees calculated at prevailing market rates, court filing fees, process service fees, collection agency commissions, prejudgment and post-judgment interest at the maximum rate permitted by applicable law, and all other expenses reasonably incurred.

7.1. Subscription Management and Billing

By subscribing to the Service, you agree to the following billing terms:

• Automatic Renewal: Subscriptions automatically renew at the end of each billing period unless canceled before the renewal date. You authorize Codequiry to charge your payment method for each renewal period;
• Price Changes: Codequiry reserves the right to modify subscription prices at any time. Price changes will take effect at the start of your next billing cycle after notice is provided;
• Payment Method: You must maintain a valid payment method on file. If your payment method fails, Codequiry may suspend or terminate your access until payment is received;
• Taxes: All fees are exclusive of taxes. You are responsible for all sales, use, excise, value-added, or other taxes, duties, or assessments, except for taxes based on Codequiry's net income;
• No Proration: If you upgrade or downgrade your subscription plan, changes take effect immediately, but no proration or refunds are provided for partial periods;
• Cancellation: You may cancel your subscription at any time, but cancellation only prevents future charges. No refunds will be provided for the current billing period; and
• Past Due Accounts: If payment is past due, Codequiry may suspend access, delete your data, and pursue collection through legal means. You will be responsible for all collection costs, including reasonable attorneys' fees.

7.2. Account Suspension and Termination Rights

Codequiry reserves the absolute right to suspend, restrict, or terminate your account and access to the Service immediately, without prior notice, without refund, and without liability, for any reason or no reason, including but not limited to:

• Violation of any provision of these Terms or any other Codequiry policy;
• Exceeding usage limits, rate limits, or fair use policies;
• Engaging in abusive, fraudulent, or illegal activity;
• Attempting to reverse engineer, copy, or extract Codequiry's algorithms or databases;
• Using the Service to build or train competing products;
• Submitting prohibited content, including malware, classified information, or stolen code;
• Sharing account credentials or enabling unauthorized access;
• Filing chargebacks or payment disputes;
• Providing false, inaccurate, or misleading information;
• Harassing, threatening, or abusing Codequiry staff or other users;
• Circumventing security measures, access controls, or usage restrictions;
• Using automated tools, bots, or scripts to access the Service without authorization;
• Engaging in activity that damages, impairs, or interferes with the Service;
• Violating intellectual property rights of Codequiry or third parties;
• Being located in or a citizen of a prohibited jurisdiction;
• Being subject to legal investigation, subpoena, court order, or regulatory action;
• Creating multiple accounts to circumvent restrictions or obtain multiple free trials;
• Reselling, sublicensing, or providing unauthorized access to the Service;
• Conducting benchmarking or competitive analysis without authorization;
• Failing to pay fees when due;
• Breaching any representation, warranty, or covenant in these Terms;
• Engaging in any conduct that Codequiry, in its sole discretion, deems inappropriate, harmful, or contrary to the purpose of the Service; or
• Any other reason deemed appropriate by Codequiry in its sole and absolute discretion.

Upon suspension or termination: (a) all rights granted to you under these Terms immediately cease; (b) you must immediately cease all use of the Service; (c) you will remain liable for all outstanding fees and obligations; (d) Codequiry may delete your account and data without liability; (e) no refunds will be provided for any unused portion of paid services; and (f) Codequiry may pursue all available legal remedies for any breaches. Codequiry's decision to suspend or terminate an account is final and binding, with no obligation to provide reasons, evidence, or appeal opportunities.

8. Data Security

The security of your information is important to Codequiry. Codequiry takes reasonable administrative, physical, and electronic measures designed to protect you from unauthorized access, use, or disclosure of the information that we collect from you. You agree to:

• Keep your Codequiry password and API Key secure and strictly confidential;
• Notify us immediately and reset your password or API Key if you believe your password or API Key may have become known to an unauthorized person;
• Notify us immediately if you are contacted by anyone requesting your Codequiry password or API Key, other than from an official corporate email;
• Indemnify and hold harmless Codequiry from and against any and all liabilities arising in any way from the access to the Site by persons to whom you have provided your Codequiry password or API Key;
• Implement and maintain appropriate security measures for your systems and networks;
• Promptly report any security incidents or suspected breaches to Codequiry;
• Comply with all applicable data protection laws and regulations;
• Ensure that any third parties with access to your account information are bound by confidentiality obligations at least as protective as those in these Terms.

In addition, you are responsible for your information technology infrastructure, including computers, servers, software, databases, electronic systems, and networks, whether operated by you or through the use of third-party services.

Codequiry implements industry-standard security measures including, but not limited to: (a) encryption of data in transit and at rest; (b) regular security audits and vulnerability assessments; (c) access controls and authentication mechanisms; (d) monitoring and logging of system activities; and (e) incident response procedures. However, no security system is impenetrable, and Codequiry cannot guarantee absolute security of your data.

9. General Compliance

You agree to abide by all applicable local, state, national, and international laws and regulations in connection with using the Services, including, without limitation, all laws regarding the transmission of technical data exported from the United States through the Services and all privacy and data protection laws, rules, and regulations.

You specifically agree to comply with: (a) all applicable export control laws and regulations; (b) all anti-corruption and anti-bribery laws; (c) all sanctions and embargo laws; (d) all intellectual property laws; (e) all data protection and privacy laws including GDPR, CCPA, and other applicable regulations; (f) all laws governing the use of automated systems and artificial intelligence; and (g) all laws regarding the processing and analysis of educational data and student records.

You represent and warrant that your use of the Service will not violate any applicable law or regulation, and that you have obtained all necessary consents, permissions, and authorizations required for your use of the Service, including any required parental or institutional consents for educational use.

10. Third-Party Access

Some third parties may have incidental access to your information. Codequiry works with other companies to provide information technology services to users of the Services. These companies may have access to Codequiry databases, but only for the purposes of providing service to Codequiry. For example, a third party (such as AWS) may obtain access to your information to update database software.

10.1. Data Processing and Privacy

By using the Service, you acknowledge and agree that:

• Codequiry may process your data, including code submissions, for the purpose of providing plagiarism detection and analysis services;
• Codequiry may use aggregated, anonymized data for research, development, and improvement of its services;
• Codequiry will implement appropriate technical and organizational measures to protect your data;
• Codequiry will only retain your data for as long as necessary to provide the Service or as required by law;
• You have the right to request access to, correction of, or deletion of your personal data, subject to applicable law;
• Codequiry may transfer your data to third-party service providers who assist in providing the Service, subject to appropriate safeguards;
• Codequiry will notify you of any data breaches affecting your personal data, as required by applicable law;
• Your use of the Service constitutes consent to the processing of your data as described in these Terms and our Privacy Policy.

For users subject to GDPR, you acknowledge that Codequiry acts as a data processor for the personal data you provide, and you remain the data controller. Codequiry will process personal data only as instructed by you and in accordance with these Terms and applicable data protection laws.

10.2. Intellectual Property Infringement Claims

If you believe that code or content submitted to Codequiry by a third party infringes your intellectual property rights, you may submit a notice of infringement. However, you acknowledge that:

• Codequiry is a neutral technology platform and does not make determinations about infringement, plagiarism, or ownership;
• The mere detection of code similarity does not constitute proof of copyright infringement;
• Educational institutions and instructors are typically the appropriate parties to address academic integrity matters;
• Codequiry is not a party to disputes between users or between users and third parties;
• Codequiry has no obligation to remove, disable, or restrict access to any content except as required by law;
• False or bad faith infringement claims may result in account termination and legal liability under applicable law;
• You must direct complaints to the submitting user or their institution in the first instance; and
• Codequiry's role is limited to providing technical analysis tools, not adjudicating ownership or infringement claims.

Notwithstanding the foregoing, if you have a valid legal claim that requires Codequiry's intervention, you may submit a formal notice to our designated agent as described in Section 22 (Copyright Policy). Codequiry reserves the right to verify the authenticity and validity of any claim before taking action.

10.3. User Representations and Indemnification for Code Submissions

By submitting any code to the Service, you represent, warrant, and covenant that:

• You have full legal right, power, and authority to submit the code and grant the licenses described in these Terms;
• The code submission does not and will not violate any agreement to which you are a party or by which you are bound;
• The code does not infringe, misappropriate, or violate any third party's intellectual property rights, including copyrights, patents, trademarks, trade secrets, moral rights, or rights of publicity;
• The code complies with all applicable laws, regulations, and institutional policies;
• You have obtained all necessary consents, permissions, and authorizations from all relevant parties, including students, institutions, employers, or copyright holders;
• The code does not contain any confidential, proprietary, or trade secret information of any third party, unless you are authorized to disclose it;
• You have properly attributed any open-source code, libraries, or third-party components;
• The code does not contain any material that is defamatory, obscene, harassing, or otherwise unlawful; and
• All factual statements and data contained in or associated with the code submission are accurate and complete.

You agree to indemnify, defend, and hold harmless Codequiry and its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, actions, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your code submissions; (b) your breach of any representation or warranty in these Terms; (c) your violation of any third-party rights; (d) your violation of any applicable law or regulation; or (e) any claim that your code submission caused harm to or violated the rights of any third party. This indemnification obligation survives termination of these Terms and your use of the Service.

11. Data Security Disclaimer

Please be aware that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information. Codequiry shall have no liability to you for any unauthorized access, use, corruption, or loss of any of your information, except to the extent that such unauthorized access, use, corruption, or loss is due solely to Codequiry's gross negligence or misconduct.

12. No Support or Maintenance

You agree that Codequiry will have no obligation to provide you with any support in connection with the Site.

13. Intellectual Property Rights

Excluding any User Content that you may provide, you acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Codequiry or Codequiry’s suppliers. These Terms and access to the Site do not give you any rights, title, or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Codequiry and its suppliers reserve all rights not granted in these Terms.

14. Third-Party Links & Ads; Other Users

Third-Party Links & Ads

The Site may contain links to third-party websites and services, and/or display advertisements for third parties. Such Third-Party Links & Ads are not under the control of Codequiry, and Codequiry is not responsible for any Third-Party Links & Ads. Codequiry provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

Other Users

Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Codequiry will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved. You hereby release and forever discharge Codequiry and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California Civil Code section 1542 in connection with the foregoing, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

15. Cookies and Web Beacons

Like any other website, Codequiry uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.

16. Google DoubleClick DART Cookie

Google is a third-party vendor on our site. It uses cookies, known as DART cookies, to serve ads to our site visitors based on their visit to www.codequiry.com and other sites on the internet. However, visitors may choose to decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL – https://policies.google.com/technologies/ads

17. Our Advertising Partners

Some advertisers on our site may use cookies and web beacons. Our advertising partners are listed below. Each of our advertising partners has their own Privacy Policy for their policies on user data. For easier access, we hyperlinked to their Privacy Policies below.

• Quora
• Google

18. Disclaimers

THE SITE AND SERVICE ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, AND CODEQUIRY AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE AND OUR SUPPLIERS MAKE NO GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

Specific Disclaimers for Plagiarism Detection Services

In addition to the general disclaimers above, you specifically acknowledge and agree that:

• No Guarantee of Detection: Codequiry does not guarantee that it will detect all instances of code plagiarism, similarity, or copying. The Service's detection capabilities are limited by the scope of its comparison databases, the sophistication of its algorithms, and the methods used to obfuscate or disguise copied code;
• False Positives and Negatives: The Service may produce false positives (incorrectly identifying original code as plagiarized) and false negatives (failing to detect actual plagiarism). These errors are inherent in algorithmic analysis and cannot be completely eliminated;
• Algorithmic Limitations: The Service relies on automated algorithms, machine learning models, and statistical analysis, which have inherent limitations and may not account for context, intent, authorized collaboration, or legitimate code reuse;
• Not a Substitute for Human Judgment: The Service is a tool to assist human reviewers and should never be the sole basis for academic, employment, or legal decisions. Human review and judgment are essential;
• Database Coverage: Our comparison databases, while extensive, do not include all possible sources of code. Code may be plagiarized from sources not in our databases, including private repositories, proprietary systems, offline sources, or emerging platforms;
• Language and Framework Limitations: Detection accuracy varies by programming language, framework, coding style, and code complexity. Some languages and code types may have limited support;
• No Legal Determinations: The Service does not make legal determinations about copyright infringement, fair use, licensing compliance, or ownership. Such determinations require legal expertise and consideration of factors beyond the Service's scope;
• Evolving Technology: Code obfuscation, plagiarism techniques, and programming practices continuously evolve. The Service may not detect emerging plagiarism methods;
• Third-Party Data: The Service compares code against third-party sources, including public repositories and databases. Codequiry does not verify the accuracy, legality, or ownership of such third-party data;
• No Academic Integrity Determinations: The Service provides similarity analysis only. Determinations of academic misconduct, policy violations, or appropriate sanctions are the sole responsibility of educational institutions and instructors;
• Common Code Patterns: The Service may flag common coding patterns, standard algorithms, boilerplate code, auto-generated code, or widely-used open-source libraries as similar, which does not constitute plagiarism;
• Timing and Submission Order: The Service cannot definitively determine which of two similar code submissions was the original and which was copied, especially if submitted close in time; and
• No Guarantee of Service Continuity: Codequiry may modify, discontinue, or change the functionality, methodology, or availability of the Service at any time without liability.

YOU ACKNOWLEDGE THAT YOU USE THE SERVICE AND RELY ON ITS RESULTS AT YOUR OWN RISK. CODEQUIRY SPECIFICALLY DISCLAIMS ANY LIABILITY FOR DECISIONS MADE BASED ON SERVICE RESULTS, INCLUDING ACADEMIC SANCTIONS, GRADE REDUCTIONS, DEGREE REVOCATIONS, EMPLOYMENT TERMINATIONS, OR LEGAL ACTIONS.

19. Maximum Limitation on Liability and Damages Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CODEQUIRY, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, RELATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, CONTRACTORS, CONSULTANTS, ADVISORS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE "CODEQUIRY PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, ENHANCED, OR AGGRAVATED DAMAGES OF ANY KIND ARISING FROM, RELATING TO, OR CONNECTED WITH THESE TERMS, YOUR USE OF OR INABILITY TO USE THE SERVICE, YOUR SUBMISSION OF CODE, YOUR RELIANCE ON SERVICE RESULTS, OR ANY OTHER ASPECT OF YOUR RELATIONSHIP WITH CODEQUIRY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ANY CODEQUIRY PARTY HAS BEEN EXPRESSLY ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OR ANY OTHER AGREEMENT BETWEEN YOU AND CODEQUIRY, THE TOTAL AGGREGATE LIABILITY OF ALL CODEQUIRY PARTIES ARISING FROM OR RELATING TO THESE TERMS, YOUR USE OF THE SERVICE, OR ANY PRODUCTS, SERVICES, OR CONTENT PROVIDED BY OR THROUGH CODEQUIRY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL AT ALL TIMES BE STRICTLY LIMITED TO A MAXIMUM TOTAL AMOUNT OF FIFTY UNITED STATES DOLLARS (USD $50.00), REGARDLESS OF THE NUMBER, NATURE, OR MAGNITUDE OF CLAIMS, CAUSES OF ACTION, OR THEORIES OF LIABILITY. THE EXISTENCE OF MULTIPLE CLAIMS, CAUSES OF ACTION, OR AFFECTED PARTIES SHALL NOT ENLARGE, EXPAND, OR MULTIPLY THIS STRICT LIABILITY CAP.

YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 19 ARE FUNDAMENTAL, ESSENTIAL, AND MATERIAL ELEMENTS OF THE BARGAIN AND AGREEMENT BETWEEN YOU AND CODEQUIRY, AND THAT CODEQUIRY WOULD NOT AND COULD NOT PROVIDE THE SERVICE OR ENTER INTO THESE TERMS ABSENT THESE LIMITATIONS. YOU FURTHER ACKNOWLEDGE THAT THE PRICING, FEATURES, AND STRUCTURE OF THE SERVICE REFLECT THESE LIMITATIONS OF LIABILITY AND THAT YOU HAVE BEEN AFFORDED THE OPPORTUNITY TO REVIEW, CONSIDER, AND REJECT THESE TERMS IF YOU FIND THESE LIMITATIONS UNACCEPTABLE. THESE LIMITATIONS SHALL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR CERTAIN OTHER CATEGORIES OF DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF THE CODEQUIRY PARTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE LOCATED IN SUCH A JURISDICTION AND ANY PORTION OF THIS LIMITATION IS FOUND UNENFORCEABLE, THE REMAINING LIMITATIONS SHALL REMAIN IN FULL FORCE AND EFFECT TO THE MAXIMUM EXTENT PERMITTED BY LAW.

In no event shall Codequiry be liable for: (a) any damages caused by your failure to comply with these Terms; (b) any damages resulting from unauthorized access to or use of your account; (c) any damages arising from the use of third-party services or integrations; (d) any damages resulting from force majeure events; (e) any damages arising from the accuracy or completeness of analysis results; (f) any damages resulting from the interpretation or use of analysis results; (g) any damages arising from the loss, corruption, or unauthorized disclosure of your data or content; (h) any damages arising from academic sanctions, disciplinary actions, or grade adjustments based on Service results; (i) any damages arising from reliance on Service results without independent verification; (j) any damages caused by false positives or false negatives in plagiarism detection; (k) any damages arising from Service interruptions, downtime, or unavailability; (l) any damages arising from changes to Service features, functionality, or pricing; (m) any damages arising from account suspension or termination; (n) any damages arising from actions or omissions of third parties, including other users; (o) any damages arising from your breach of these Terms; or (p) any other damages of any kind, whether direct or indirect, foreseeable or unforeseeable.

You acknowledge that the limitations of liability set forth in this section are fundamental elements of the bargain between you and Codequiry, and that Codequiry would not have entered into these Terms but for these limitations. These limitations apply even if Codequiry has been advised of the possibility of such damages and even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

Additional Liability Limitations for Educational Use

If you use the Service in an educational or institutional setting, you specifically acknowledge that: (a) Codequiry is not responsible for any academic decisions, sanctions, or consequences resulting from Service use; (b) Codequiry has no duty to verify the accuracy of results before they are used in academic decisions; (c) institutions and instructors bear sole responsibility for verifying Service results and making fair, informed decisions; (d) Codequiry is not liable for harm to student-teacher relationships, student reputations, or academic records; (e) Codequiry is not liable for appeals, grade disputes, or legal challenges related to Service use; and (f) you will indemnify Codequiry for any claims brought by students, parents, or other parties related to your use of the Service.

19.1. Assumption of Risk and Voluntary Use

BY ACCESSING OR USING THE SERVICE, YOU EXPRESSLY, VOLUNTARILY, KNOWINGLY, AND INTELLIGENTLY ACKNOWLEDGE, UNDERSTAND, ACCEPT, AND AGREE THAT:

• Your use of the Service is entirely voluntary, at your sole risk, discretion, and responsibility, and you assume all risks associated therewith;
• You are solely, exclusively, and completely responsible for determining whether the Service is appropriate, suitable, adequate, or fit for your intended use or purpose;
• You are solely, exclusively, and completely responsible for verifying, validating, confirming, and independently corroborating all Service results through independent investigation, analysis, and professional judgment;
• You are solely, exclusively, and completely responsible for any and all decisions, actions, determinations, or judgments made based upon, derived from, or influenced by Service results or outputs;
• You knowingly and voluntarily assume all risks, hazards, and dangers associated with reliance upon automated algorithmic analysis, machine learning models, artificial intelligence systems, and statistical similarity detection;
• You fully understand and acknowledge that plagiarism detection is inherently uncertain, probabilistic, imperfect, and subject to significant limitations, errors, false positives, and false negatives;
• You will not, under any circumstances, use or rely upon Service results as the sole, primary, or determinative basis for any consequential, material, or significant decision affecting academic standing, grades, employment, reputation, or legal rights;
• You will implement, maintain, and enforce appropriate processes, procedures, and safeguards for independent human review, verification, investigation, due process, and meaningful appeal opportunities;
• You fully understand and acknowledge that the Service does not substitute for, replace, or eliminate the need for professional judgment, expert analysis, legal advice, procedural due process, or institutional oversight; and
• You voluntarily and knowingly bear, accept, and assume all risk of loss, injury, damage, harm, liability, or adverse consequence resulting from, arising out of, or connected with your use of or reliance upon the Service or Service results.

19.2. Personal Liability Protection for Codequiry Personnel

YOU EXPRESSLY ACKNOWLEDGE, AGREE, AND COVENANT THAT NO INDIVIDUAL PERSON, INCLUDING WITHOUT LIMITATION ANY OFFICER, DIRECTOR, SHAREHOLDER, MEMBER, MANAGER, EMPLOYEE, AGENT, CONTRACTOR, CONSULTANT, ADVISOR, REPRESENTATIVE, ATTORNEY, ACCOUNTANT, OR ANY OTHER PERSON ASSOCIATED WITH, EMPLOYED BY, CONTRACTED WITH, OR PROVIDING SERVICES TO ANY CODEQUIRY PARTY (COLLECTIVELY, "CODEQUIRY PERSONNEL"), SHALL HAVE ANY PERSONAL, INDIVIDUAL, OR DIRECT LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CLAIM, CAUSE OF ACTION, DAMAGE, LOSS, LIABILITY, COST, EXPENSE, OR OTHER MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH THESE TERMS, THE SERVICE, YOUR USE OF THE SERVICE, OR ANY ASPECT OF YOUR RELATIONSHIP WITH CODEQUIRY.

You hereby irrevocably, unconditionally, and permanently waive, release, relinquish, discharge, and covenant not to sue any and all Codequiry Personnel, in their individual, personal, or official capacities, for any and all claims, demands, causes of action, damages, losses, liabilities, obligations, costs, expenses, or other matters of any kind whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, accrued or unaccrued, matured or unmatured, arising from, relating to, or connected with these Terms, the Service, your use of the Service, code submissions, Service results, or any aspect of your relationship with any Codequiry Party.

You acknowledge and agree that: (a) your sole recourse for any dispute, claim, or grievance shall be against Codequiry, LLC or CQC Pvt. Ltd. as corporate entities only, and not against any individual person; (b) you will not initiate, file, pursue, prosecute, or participate in any legal action, lawsuit, claim, demand, arbitration, administrative proceeding, regulatory complaint, or other legal or equitable proceeding against any Codequiry Personnel in their individual or personal capacity; (c) any breach of this covenant shall constitute a material and willful breach of these Terms entitling Codequiry to immediate termination of your account, injunctive relief, and recovery of all costs, expenses, and attorneys' fees; and (d) this personal liability protection extends to all Codequiry Personnel past, present, and future.

19.3. Comprehensive Release and Discharge of All Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY, UNCONDITIONALLY, COMPLETELY, PERMANENTLY, AND FOREVER RELEASE, ACQUIT, DISCHARGE, WAIVE, RELINQUISH, AND COVENANT NOT TO SUE THE CODEQUIRY PARTIES AND CODEQUIRY PERSONNEL FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, ACTIONS, PROCEEDINGS, CONTROVERSIES, DAMAGES, JUDGMENTS, ORDERS, LIABILITIES, LOSSES, DEBTS, EXPENSES, COSTS, ATTORNEYS' FEES, OR OTHER OBLIGATIONS OF EVERY KIND, NATURE, AND DESCRIPTION WHATSOEVER, WHETHER KNOWN OR UNKNOWN, DISCLOSED OR UNDISCLOSED, ACCRUED OR UNACCRUED, SUSPECTED OR UNSUSPECTED, MATURED OR UNMATURED, CONTINGENT OR ABSOLUTE, LIQUIDATED OR UNLIQUIDATED, WHETHER AT LAW, IN EQUITY, UNDER STATUTE, OR OTHERWISE, THAT YOU EVER HAD, NOW HAVE, OR MAY HEREAFTER HAVE AGAINST THE CODEQUIRY PARTIES OR CODEQUIRY PERSONNEL ARISING FROM, RELATING TO, OR CONNECTED WITH:

• These Terms, your acceptance of these Terms, or any modification or amendment of these Terms;
• Your access to, use of, or inability to access or use the Service;
• Your account registration, account management, account suspension, or account termination;
• Your submission of code, data, or content to the Service;
• Codequiry's use, processing, storage, retention, or disclosure of your submitted code, data, or content;
• Service results, similarity reports, analysis outputs, or any information provided by or through the Service;
• Your reliance upon, interpretation of, or actions taken based upon Service results or outputs;
• Any academic, employment, legal, or other decisions or consequences arising from or related to Service use;
• Billing, fees, charges, refunds, chargebacks, or any payment-related matters;
• Service availability, uptime, downtime, interruptions, errors, bugs, defects, or malfunctions;
• Security breaches, data breaches, unauthorized access, data loss, or corruption of data;
• Any statements, representations, warranties, or communications made by Codequiry or its representatives;
• Your interactions, disputes, or conflicts with other users of the Service;
• Any aspect of your relationship with Codequiry or use of the Service; or
• Any other matter whatsoever, whether arising in contract, tort, negligence, strict liability, statutory violation, regulatory violation, misrepresentation, fraud, breach of warranty, breach of fiduciary duty, or any other legal or equitable theory.

IF YOU ARE A RESIDENT OF CALIFORNIA, YOU HEREBY EXPRESSLY, KNOWINGLY, VOLUNTARILY, AND INTELLIGENTLY WAIVE THE BENEFITS AND PROTECTIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: "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 ACKNOWLEDGE THAT YOU MAY LATER DISCOVER FACTS DIFFERENT FROM OR IN ADDITION TO THOSE YOU NOW KNOW OR BELIEVE TO BE TRUE, AND YOU EXPRESSLY AGREE THAT THIS RELEASE SHALL REMAIN EFFECTIVE IN ALL RESPECTS NOTWITHSTANDING SUCH DIFFERENT OR ADDITIONAL FACTS.

If you are a resident of any jurisdiction with a statute, regulation, or legal principle similar to California Civil Code Section 1542, you hereby expressly, knowingly, voluntarily, and intelligently waive the benefits and protections of any such statute, regulation, or legal principle to the fullest extent permitted by applicable law.

20. Term and Termination

Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Codequiry will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3, and Sections 4 through 10.

Codequiry may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

21. Registration Obligations and Passwords

You may never use another individual User’s account without permission. In consideration of your use of the Products, you agree (a) that Your Information will be true, accurate, current, and complete, and (b) to maintain and promptly update Your Information to keep it true, accurate, current, and complete. You are responsible for safeguarding any password that you use to access the Products (including passwords used on other Codequiry products that permit single sign-on to the Products) and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. You agree to (a) notify Codequiry of any unauthorized use of your password or user identification and any other breach of security, and (b) ensure that you exit from your account at the end of each session.

22. Copyright Policy

Codequiry respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

• Your physical or electronic signature;
• Identification of the copyrighted work(s) that you claim to have been infringed;
• Identification of the material on our services that you claim is infringing and that you request us to remove;
• Sufficient information to permit us to locate such material;
• Your address, telephone number, and e-mail address;
• A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

23. FERPA

In the course of providing services during the term of this Agreement, Codequiry may have access to student education records via code submissions samples that are subject to the US Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, et seq., to personal information that is subject to protections under the US Health Insurance Portability and Accountability Act (HIPAA), or to personal information that falls under the guidelines of the US Child Online Privacy Protection Act (COPPA). All such information is considered confidential and is therefore protected. To the extent that Codequiry may have access to personal information obtained from code submissions under this Agreement, we are deemed a “school official,” as defined under FERPA, or as an “operator” under COPPA (FAQs Section M1-M5). We shall not use such personal information for any purpose other than in the performance of this Agreement. Except as required by law, we will not disclose or share personal submission information with any third party unless permitted by the terms of the Agreement or to subcontractors who have agreed to maintain the confidentiality of the personal information to the same extent required of Us under this Agreement. Data is always kept secure and is only used for purposes of assisting the instructor in assessing the assignment. This reduces our chance of collecting and processing personal data.

24. Children Under 13

COPPA requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under the age of 13. Therefore, we only collect Personal Information through the Services from a child under 13 where that student’s school, district, and/or teacher has agreed (via the terms described in the Terms of Use) to obtain parental consent for that child to use the Services and disclose Personal Information to us. A parent or guardian may sign up his or her child for the Services and provide Personal Information about that child to us. However, no child under the age of 13 may send us any Personal Information unless he or she has signed up through his or her school, district, or teacher, and such school, district, or teacher has obtained parental consent for that child to use the Services and disclose Personal Information to us. If we learn we have collected Personal Information from a student under 13 without parental consent from his or her parent or guardian or obtained by his or her school, district, and/or teacher, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at [email protected].

If you are signing up for this service and creating accounts on behalf of student(s), you represent and warrant that you are either (a) a teacher or school administrator or otherwise authorized by a school or district to sign up on behalf of students or (b) the parent of such student(s). If you are a school, district, or teacher, you represent and warrant that you are solely responsible for complying with COPPA, meaning that you must obtain advance written consent from all parents or guardians whose children under 13 will be accessing the Services. When obtaining consent, you must provide parents and guardians with these Terms and our Privacy Policy. You must keep all consents on file and provide them to us if we request them. If you are a teacher, you represent and warrant that you have permission and authorization from your school and/or district to use the Services as part of your curriculum, and for purposes of COPPA compliance, you represent and warrant that you are entering into these Terms on behalf of your school and/or district.

24.1. Export Controls and Sanctions Compliance

You acknowledge that the Service and underlying technology may be subject to export control laws and regulations of the United States and other countries. You agree to comply with all applicable export and import laws and regulations in your use of the Service. Specifically, you represent, warrant, and covenant that:

• You are not located in, organized under the laws of, or a resident of any country or region that is subject to U.S. economic sanctions or embargo (including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine, or any other country designated by the U.S. Government);
• You are not identified on any U.S. Government list of prohibited or restricted parties, including the Treasury Department's List of Specially Designated Nationals and Blocked Persons, the Commerce Department's Denied Persons List or Entity List, or any similar list maintained by any government authority;
• You are not owned or controlled by, or acting on behalf of, any person or entity on such lists;
• You will not use the Service in any manner that violates U.S. export control laws or the export laws of any other applicable jurisdiction;
• You will not export, re-export, transfer, or make available the Service or any technical data derived from the Service to any prohibited country, entity, or person;
• You will not use the Service for any purpose prohibited by applicable law, including without limitation for the development, design, manufacture, or production of nuclear, missile, chemical, or biological weapons;
• You will immediately notify Codequiry if you become subject to any sanctions or export restrictions;
• You will not use the Service to process, store, or transmit any data that is subject to export restrictions under the International Traffic in Arms Regulations (ITAR) or similar regulations; and
• You acknowledge that Codequiry may be required to block or terminate your access to the Service to comply with export control or sanctions laws.

Violation of this provision constitutes a material breach of these Terms and will result in immediate account termination without refund. You agree to indemnify Codequiry for any losses, fines, penalties, or damages resulting from your violation of export control or sanctions laws.

24.2. Competitive Use and Non-Compete Obligations

You expressly agree that you will NOT use the Service or any information derived from the Service for any competitive purpose, including but not limited to:

• Building, developing, training, improving, or operating any plagiarism detection service, code similarity analysis tool, or code comparison product;
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive or discover the source code, algorithms, methodologies, or techniques used by the Service;
• Benchmarking the Service against competing products or publishing benchmark results without Codequiry's prior written consent;
• Monitoring the Service's availability, performance, functionality, or features for competitive intelligence purposes;
• Extracting, copying, or replicating any portion of Codequiry's databases, datasets, or comparison corpora;
• Using Service results, similarity scores, or analysis outputs to train or improve competing machine learning models or algorithms;
• Creating derivative works, datasets, or databases based on Service outputs;
• Offering services that incorporate, embed, or provide access to the Service without Codequiry's express written authorization;
• Providing plagiarism detection or code analysis services to third parties using the Service, whether on a commercial or non-commercial basis;
• Using the Service to evaluate, assess, or validate competing plagiarism detection services; or
• Disclosing information about the Service's functionality, methodology, accuracy, performance, or features to any entity that offers or develops competing products.

If you are a competitor of Codequiry or work for a competitor, you may NOT create an account or use the Service under any circumstances. Violation of this provision will result in immediate account termination, injunctive relief, and legal action for misappropriation of trade secrets, breach of contract, and unfair competition. You agree that monetary damages are inadequate to compensate Codequiry for competitive misuse, and that Codequiry is entitled to seek injunctive and equitable relief without the need to post a bond.

24.3. Audit Rights and Compliance Verification

Codequiry reserves the right to audit your use of the Service to ensure compliance with these Terms. You agree that:

• Codequiry may monitor, log, and analyze your usage patterns, API calls, code submissions, and account activity;
• Codequiry may request documentation, information, or verification regarding your use of the Service, identity, organizational affiliation, or compliance with these Terms;
• You will respond promptly and completely to any compliance inquiries or audit requests from Codequiry;
• You will provide access to relevant records, systems, or information as reasonably requested by Codequiry to verify compliance;
• Codequiry may engage third-party auditors to conduct compliance audits, subject to appropriate confidentiality obligations;
• If an audit reveals non-compliance, you will immediately cease the violating conduct and may be required to pay for the cost of the audit; and
• Failure to cooperate with an audit or respond to compliance inquiries may result in immediate account suspension or termination.

24.4. Data Retention and Code Database Rights

You acknowledge and expressly agree to the following regarding code submissions and data retention:

• Indefinite Retention: Codequiry may retain all code submissions, analysis results, metadata, and associated data indefinitely, even after your account is terminated or deleted. There is no obligation to delete submitted code from our databases;
• Comparison Database Integration: Submitted code becomes part of Codequiry's comparison databases and may be compared against future code submissions by other users. This integration is permanent and irrevocable;
• No Deletion Upon Request: While you may request account deletion, Codequiry is NOT obligated to remove previously submitted code from comparison databases, as doing so would compromise the integrity and effectiveness of the plagiarism detection service;
• Anonymization and De-identification: Codequiry may anonymize, de-identify, or aggregate your code submissions and usage data. Such anonymized data is owned exclusively by Codequiry and may be used without restriction;
• Persistent License: The license you grant to Codequiry for submitted code (as described in Section 5.1) is perpetual, irrevocable, and survives account termination, service discontinuation, or any other event;
• Machine Learning Training: Your code submissions may be used to train, test, validate, and improve Codequiry's machine learning models, algorithms, and detection capabilities, both current and future;
• Research and Development: Codequiry may use submitted code for research, development, benchmarking, academic publication (in anonymized form), and product improvement without compensation to you;
• No Compensation: You are not entitled to any compensation, royalties, or payment for Codequiry's use of your submitted code, regardless of how Codequiry uses or benefits from it;
• Backup and Disaster Recovery: Submitted code may be stored in backup systems, disaster recovery systems, and archived storage indefinitely for business continuity purposes;
• Legal Preservation: Codequiry may preserve submitted code as necessary to comply with legal obligations, respond to legal process, investigate violations, or defend against legal claims;
• Transfer Rights: In the event of a merger, acquisition, sale of assets, or bankruptcy, Codequiry may transfer all submitted code and associated data to a successor entity without your consent; and
• Cross-Institutional Comparison: Code you submit may be compared against code submitted by users at other institutions, organizations, or geographic locations to enhance plagiarism detection effectiveness.

By submitting code to the Service, you irrevocably acknowledge and consent to these data retention and usage practices. If you do not agree to these practices, DO NOT submit code to the Service.

24.5. Survival of Terms

The following provisions shall survive any termination or expiration of these Terms or your account: Sections 5.1 (Code Submission Rights and License Grant), 5.2 (Prohibited Code Submissions), 7 (Refund Policy), 7.1 (Subscription Management and Billing), 7.2 (Account Suspension and Termination Rights), 8 (Data Security), 10.2 (Intellectual Property Infringement Claims), 10.3 (User Representations and Indemnification for Code Submissions), 11 (Data Security Disclaimer), 13 (Intellectual Property Rights), 18 (Disclaimers), 19 (Limitation on Liability), 19.1 (Assumption of Risk), 22 (Copyright Policy), 24.1 (Export Controls and Sanctions Compliance), 24.2 (Competitive Use and Non-Compete Obligations), 24.3 (Audit Rights and Compliance Verification), 24.4 (Data Retention and Code Database Rights), 24.5 (Survival of Terms), 26 (Dispute Resolution), 27.2 (Indemnification), and 28 (Entire Terms), as well as any other provisions that by their nature should survive termination.

25. General

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

25.1. Severability and Reformation

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent to the maximum extent possible. If such modification is not possible, the invalid provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect. You agree that if any provision is severed, the essential purpose and consideration of these Terms remain intact and enforceable.

25.2. No Waiver

No waiver by Codequiry of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by Codequiry to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of Codequiry.

25.3. Assignment

You may not assign, delegate, or transfer these Terms or your rights and obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without Codequiry's prior written consent. Any attempted assignment, delegation, or transfer in violation of this provision is null and void. Codequiry may freely assign, delegate, or transfer these Terms and all rights and obligations hereunder, in whole or in part, without restriction and without your consent, including in connection with any merger, acquisition, reorganization, sale of assets, or by operation of law. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.

25.4. Interpretation and Construction

The following rules of interpretation apply to these Terms:

• Headings and section titles are for convenience only and do not affect interpretation;
• The word "including" means "including without limitation";
• The singular includes the plural and vice versa;
• The words "herein," "hereof," "hereunder," and similar terms refer to these Terms as a whole;
• Any ambiguity or inconsistency shall be resolved in favor of Codequiry;
• These Terms shall not be construed more strictly against Codequiry merely because Codequiry drafted them;
• References to "days" mean calendar days unless otherwise specified;
• References to "writing" or "written" include electronic communications; and
• If there is a conflict between these Terms and any other Codequiry policy or document, these Terms shall prevail unless expressly stated otherwise.

26. Mandatory Binding Arbitration, Waiver of Right to Sue, Class Action Waiver, and Jury Trial Waiver

PLEASE READ THIS SECTION 26 VERY CAREFULLY. IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, YOUR RIGHT TO A JURY TRIAL, AND YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR OTHER COLLECTIVE PROCEEDINGS. BY AGREEING TO THESE TERMS, YOU EXPRESSLY, KNOWINGLY, VOLUNTARILY, AND INTELLIGENTLY WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT, TO HAVE YOUR DISPUTES HEARD BY A JUDGE OR JURY, AND TO PARTICIPATE IN CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS. THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING INDIVIDUAL ARBITRATION AND A CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS RATHER THAN PROCEEDING IN COURT.

Mandatory Arbitration – Waiver of Right to Sue in Court

YOU AND CODEQUIRY MUTUALLY AGREE THAT ANY AND ALL DISPUTES, CLAIMS, CONTROVERSIES, CAUSES OF ACTION, OR DISAGREEMENTS OF ANY KIND ARISING FROM, RELATING TO, OR CONNECTED WITH: (A) THESE TERMS OR ANY PRIOR VERSION THEREOF; (B) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE; (C) ANY PRODUCTS, SERVICES, FEATURES, CONTENT, OR MATERIALS PROVIDED BY OR THROUGH CODEQUIRY; (D) YOUR RELATIONSHIP WITH CODEQUIRY; OR (E) ANY ASPECT OF YOUR INTERACTIONS WITH CODEQUIRY OR THE SERVICE, WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, REGULATION, ORDINANCE, COMMON LAW, EQUITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY (COLLECTIVELY, "DISPUTES"), SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, EXCEPT THAT:

• Either party may bring an individual action in small claims court if the claim qualifies for small claims court jurisdiction and remains in small claims court throughout the proceeding;
• Either party may seek emergency or preliminary equitable relief (such as temporary restraining orders or preliminary injunctions) from a court of competent jurisdiction to preserve the status quo or prevent irreparable harm pending arbitration;
• Claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of intellectual property rights (including patents, copyrights, trademarks, or trade secrets) may be litigated in court as set forth below; and
• Either party may seek judicial enforcement, confirmation, or vacatur of an arbitration award in accordance with applicable law.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHTS TO SUE IN COURT, TO HAVE YOUR CASE DECIDED BY A JUDGE OR JURY, TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION, TO ENGAGE IN DISCOVERY AS BROAD AS THAT WHICH WOULD BE AVAILABLE IN COURT, AND TO APPEAL THE ARBITRATOR'S DECISION EXCEPT AS SPECIFICALLY PROVIDED BY THE FEDERAL ARBITRATION ACT. YOU FURTHER UNDERSTAND THAT ARBITRATION PROCEEDINGS ARE GENERALLY SIMPLER, FASTER, AND LESS FORMAL THAN COURT PROCEEDINGS, AND ARE SUBJECT TO VERY LIMITED JUDICIAL REVIEW.

Applicability and Scope of Arbitration Agreement

This Arbitration Agreement applies to you and Codequiry, and extends to and inures to the benefit of all Codequiry Parties and all Codequiry Personnel, as well as any subsidiaries, affiliates, parent companies, related entities, agents, representatives, employees, contractors, consultants, advisors, attorneys, accountants, predecessors in interest, successors, assigns, heirs, executors, administrators, and all other persons or entities acting on behalf of or claiming through Codequiry. This Arbitration Agreement also applies to all authorized and unauthorized users or purported beneficiaries of services, products, or goods provided under or in connection with these Terms. Unless otherwise expressly agreed to in writing by both parties, all arbitration proceedings shall be conducted in the English language.

Notice Requirement and Informal Dispute Resolution

Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Codequiry should be sent to: 18911 Hardy Oak Blvd, Suite 255. After the Notice is received, you and Codequiry may attempt to resolve the claim or dispute informally. If you and Codequiry do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.

Arbitration Rules

Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time, and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Codequiry made to you prior to the initiation of arbitration, Codequiry will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration

If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits

If you or Codequiry pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator

If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and Codequiry, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Codequiry.

Waiver of Jury Trial

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Codequiry in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND CODEQUIRY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Absolute Waiver of Class Actions, Representative Actions, and Collective Proceedings

YOU AND CODEQUIRY EXPRESSLY, KNOWINGLY, VOLUNTARILY, AND INTELLIGENTLY AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES COVERED BY THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS ONLY AND NOT ON A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR MASS ACTION BASIS. YOU AND CODEQUIRY MUTUALLY WAIVE ANY AND ALL RIGHTS TO:

• Bring, participate in, join, or be represented in any class action, class arbitration, or other representative or collective proceeding of any kind;
• Act as a class representative, lead plaintiff, named plaintiff, private attorney general, or in any other representative capacity in any proceeding;
• Consolidate or join your individual claims with the claims of any other person or entity;
• Participate in or receive benefits from any joint, consolidated, coordinated, or collective proceeding involving multiple claimants;
• Be part of any mass arbitration, batch arbitration, coordinated arbitration, or consolidated arbitration involving multiple claimants;
• Bring claims on behalf of, or represent the interests of, any other person, entity, group, or class of persons; or
• Otherwise participate in any form of class, collective, or representative litigation or arbitration.

THIS CLASS ACTION WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS ARBITRATION AGREEMENT AND THESE TERMS. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE FOR ANY REASON, THEN THE ENTIRE ARBITRATION AGREEMENT (BUT NOT THE REMAINDER OF THESE TERMS) SHALL BE NULL AND VOID, AND ANY DISPUTE SHALL BE RESOLVED IN COURT SUBJECT TO THE JURY TRIAL WAIVER SET FORTH BELOW. UNDER NO CIRCUMSTANCES SHALL ARBITRATION BE CONDUCTED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS WITHOUT THE EXPRESS WRITTEN CONSENT OF BOTH PARTIES.

THE CLAIMS OF MORE THAN ONE CUSTOMER, USER, OR PERSON CANNOT AND SHALL NOT BE ARBITRATED, LITIGATED, HEARD, DETERMINED, OR RESOLVED JOINTLY, COLLECTIVELY, OR IN A CONSOLIDATED PROCEEDING WITH THE CLAIMS OF ANY OTHER CUSTOMER, USER, OR PERSON UNDER ANY CIRCUMSTANCES.

Jury Trial Waiver – Right to Jury Trial Permanently Waived

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND CODEQUIRY EACH HEREBY KNOWINGLY, VOLUNTARILY, INTELLIGENTLY, AND IRREVOCABLY WAIVE ANY AND ALL CONSTITUTIONAL, STATUTORY, AND COMMON LAW RIGHTS TO TRIAL BY JURY IN ANY LEGAL ACTION, LAWSUIT, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS, THE SERVICE, YOUR USE OF THE SERVICE, OR ANY ASPECT OF YOUR RELATIONSHIP WITH CODEQUIRY, WHETHER SOUNDING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

YOU AND CODEQUIRY AGREE THAT ALL SUCH DISPUTES, IF NOT SUBJECT TO ARBITRATION OR IF ARBITRATION IS UNAVAILABLE OR UNENFORCEABLE, SHALL BE RESOLVED BY A JUDGE SITTING WITHOUT A JURY IN A COURT OF COMPETENT JURISDICTION. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY WAIVING YOUR RIGHT TO A JURY TRIAL, YOU ARE GIVING UP A SIGNIFICANT CONSTITUTIONAL RIGHT AND THAT DISPUTES WILL BE DECIDED BY A JUDGE RATHER THAN BY A JURY OF YOUR PEERS.

Limitation on Criminal Proceedings and Government Actions

IMPORTANT NOTICE: Nothing in these Terms, including this Arbitration Agreement, shall be construed to limit, waive, or prevent:

• Criminal prosecution by any federal, state, local, or foreign government, law enforcement agency, prosecutor, or district attorney for violations of criminal law;
• Civil or criminal regulatory enforcement actions by government agencies, including but not limited to actions by the Federal Trade Commission, Department of Justice, state attorneys general, or other regulatory authorities;
• Investigation, subpoena, or other legal process issued by government authorities in connection with criminal or regulatory investigations;
• Codequiry's right to cooperate with, assist, or provide information to law enforcement, regulatory authorities, or government agencies;
• Codequiry's right to report suspected criminal activity, fraud, abuse, or violations of law to appropriate authorities; or
• Codequiry's right to seek and obtain court orders, including restraining orders, preliminary injunctions, or other equitable relief to protect its rights and enforce these Terms.

You acknowledge and agree that: (a) Codequiry has no control over and bears no responsibility for any criminal prosecution or government enforcement action that may be initiated against you; (b) criminal charges are brought by government prosecutors, not by Codequiry, and Codequiry cannot and does not initiate criminal proceedings; (c) Codequiry may be legally required or permitted to report suspected criminal activity to law enforcement; (d) your use of the Service in violation of applicable criminal law may result in criminal prosecution by government authorities; and (e) nothing in these Terms shall be construed as preventing Codequiry from complying with subpoenas, court orders, legal process, or requests from law enforcement or government agencies.

Confidentiality

All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive

Any or all the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Survival of Agreement

This Arbitration Agreement will survive the termination of your relationship with Codequiry.

Small Claims Court

Nonetheless, either you or Codequiry may bring an individual action in small claims court.

Emergency Equitable Relief

Anyhow, either party may seek emergency equitable relief before a state or federal court to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration

Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secrets shall not be subject to this Arbitration Agreement. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New Castle County, Delaware, for such purposes.

The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Codequiry, or any products utilizing such data, in violation of the United States export laws or regulations.

Codequiry is located at the address below. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

27. Electronic Communications

The communications between you and Codequiry use electronic means, whether you use the Site or send us emails, or whether Codequiry posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Codequiry in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Codequiry provides to you electronically satisfy any legal obligation that such communications would satisfy if it were in a hard copy writing.

27.1. Force Majeure

Codequiry shall not be liable for any failure to perform its obligations hereunder where such failure is a result of Force Majeure. For the purposes of these Terms, "Force Majeure" means any event beyond Codequiry's reasonable control, including but not limited to: acts of God, war, terrorism, riots, fire, natural disasters, government actions, labor disputes, internet service provider failures, power outages, or any other circumstances beyond Codequiry's control. If a Force Majeure event occurs, Codequiry will use reasonable efforts to resume performance as soon as practicable.

27.2. Comprehensive Indemnification and Defense Obligations

YOU HEREBY AGREE TO DEFEND, INDEMNIFY, PROTECT, HOLD HARMLESS, AND FULLY COMPENSATE ALL CODEQUIRY PARTIES AND ALL CODEQUIRY PERSONNEL FROM, AGAINST, AND IN RESPECT OF ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, ACTIONS, PROCEEDINGS, INVESTIGATIONS, LIABILITIES, JUDGMENTS, ORDERS, DECREES, DAMAGES, LOSSES, COSTS, EXPENSES, FINES, PENALTIES, SANCTIONS, SETTLEMENTS, OR OTHER OBLIGATIONS OF ANY KIND OR NATURE WHATSOEVER (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES AND COSTS, EXPERT WITNESS FEES, COURT COSTS, INVESTIGATION COSTS, LITIGATION EXPENSES, AND ALL OTHER FEES AND COSTS ASSOCIATED WITH DEFENDING AGAINST OR RESOLVING ANY CLAIM) ARISING OUT OF, RELATING TO, BASED UPON, OR CONNECTED WITH:

• Your access to, use of, or inability to access or use the Service;
• Your breach or violation of any provision, term, condition, representation, warranty, covenant, or obligation contained in these Terms or any other agreement with Codequiry;
• Your violation, infringement, or misappropriation of any third-party rights, including without limitation intellectual property rights, privacy rights, publicity rights, contractual rights, or any other proprietary or personal rights;
• Your violation of any applicable federal, state, local, or international law, statute, ordinance, regulation, rule, order, directive, or requirement;
• Any content, data, code, materials, or information you submit, post, upload, transmit, provide, or make available through or in connection with the Service;
• Any unauthorized access to, use of, or disclosure of your account credentials or authentication information;
• Your negligence, gross negligence, willful misconduct, fraud, misrepresentation, or intentional wrongdoing;
• Any acts or omissions by you, your employees, agents, contractors, representatives, or any person or entity acting on your behalf or under your direction or control;
• Any decisions, actions, determinations, or judgments made by you based upon, derived from, or influenced by Service results or outputs;
• Any claims brought by students, parents, employees, institutions, or other third parties arising from or related to your use of the Service;
• Your failure to obtain necessary consents, permissions, authorizations, or licenses from third parties;
• Any chargeback, payment dispute, or financial claim related to your account or payments to Codequiry; or
• Any other matter arising from, relating to, or connected with your use of the Service or your relationship with Codequiry.

Codequiry reserves the absolute right, at its sole and exclusive option and discretion, and at your sole cost and expense, to assume the exclusive direction, control, and defense of any matter, claim, action, or proceeding subject to indemnification under this Section 27.2. In such event, you agree to fully cooperate with and assist Codequiry in the defense of such matter, including but not limited to providing documents, information, testimony, and other assistance as reasonably requested by Codequiry or its legal counsel. You agree that you will not settle, compromise, or resolve any claim, demand, or action subject to indemnification under this Section 27.2 without the express prior written consent of Codequiry, which consent may be withheld in Codequiry's sole and absolute discretion. Your indemnification, defense, and hold harmless obligations under this Section 27.2 shall survive the termination, expiration, or cancellation of these Terms and your use of the Service.

27.3. Irrevocable Covenant Not to Sue

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY, UNCONDITIONALLY, PERMANENTLY, AND FOREVER COVENANT AND AGREE NOT TO INITIATE, FILE, COMMENCE, PROSECUTE, PURSUE, PARTICIPATE IN, OR OTHERWISE BRING OR JOIN ANY LAWSUIT, LEGAL ACTION, CIVIL ACTION, COURT PROCEEDING, LITIGATION, CLAIM, DEMAND, OR CAUSE OF ACTION OF ANY KIND OR NATURE WHATSOEVER, WHETHER AT LAW OR IN EQUITY, IN ANY COURT, TRIBUNAL, FORUM, OR JURISDICTION, AGAINST ANY CODEQUIRY PARTY OR ANY CODEQUIRY PERSONNEL, INDIVIDUALLY OR COLLECTIVELY, ARISING FROM, RELATING TO, BASED UPON, OR CONNECTED WITH:

• These Terms or any prior, current, or future version thereof;
• Your account with Codequiry, including registration, management, suspension, or termination;
• Your access to, use of, or inability to access or use the Service;
• Any products, services, features, functionality, content, or materials provided by or through Codequiry;
• Your submission of code, data, content, or materials to the Service;
• Codequiry's processing, use, storage, retention, analysis, disclosure, or deletion of submitted code, data, or content;
• Service results, outputs, reports, similarity analyses, or any information generated by or provided through the Service;
• Billing, payments, fees, charges, refunds, credits, or any financial transactions with Codequiry;
• Any decisions, actions, consequences, or outcomes resulting from or related to your use of the Service;
• Service availability, performance, uptime, downtime, interruptions, errors, defects, bugs, or malfunctions;
• Security, data protection, privacy, confidentiality, or any data-related matters;
• Any aspect of your relationship with Codequiry or the Service; or
• Any other matter whatsoever arising from, relating to, or connected with Codequiry, the Service, or these Terms.

YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THIS COVENANT NOT TO SUE:

• Is a material, essential, and fundamental term of these Terms without which Codequiry would not provide the Service or enter into these Terms;
• Applies to all civil lawsuits and legal actions, but does not and cannot prevent criminal prosecution by government authorities (which you acknowledge is outside the control of both you and Codequiry);
• Requires you to pursue any Disputes exclusively through the mandatory binding arbitration process set forth in Section 26, subject to the limited exceptions expressly stated therein;
• Does not preclude you from filing an individual claim in small claims court as permitted in Section 26;
• Does not prevent you from reporting suspected violations of law to appropriate government or regulatory authorities;
• Extends to and benefits all Codequiry Parties and all Codequiry Personnel;
• Is binding upon you, your heirs, successors, assigns, representatives, and anyone claiming by or through you;
• Survives the termination, expiration, or cancellation of these Terms and your relationship with Codequiry; and
• Shall be enforceable through injunctive relief, specific performance, and any other equitable remedies available under applicable law, in addition to monetary damages.

ANY BREACH OR VIOLATION OF THIS COVENANT NOT TO SUE SHALL CONSTITUTE AN IMMEDIATE, KNOWING, WILLFUL, AND MATERIAL BREACH OF THESE TERMS, ENTITLING CODEQUIRY TO: (A) IMMEDIATE TERMINATION OF YOUR ACCOUNT AND ALL ACCESS RIGHTS WITHOUT NOTICE OR REFUND; (B) INJUNCTIVE RELIEF, TEMPORARY RESTRAINING ORDERS, AND OTHER EQUITABLE REMEDIES TO ENFORCE THIS COVENANT; (C) RECOVERY OF ALL COSTS, EXPENSES, DAMAGES, AND ATTORNEYS' FEES INCURRED BY CODEQUIRY AS A RESULT OF YOUR BREACH; AND (D) PURSUIT OF ALL OTHER REMEDIES AVAILABLE AT LAW OR IN EQUITY.

28. Entire Terms

These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Codequiry is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Codequiry’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Codequiry may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

29. Your Privacy

Please read our Privacy Policy.

30. Copyright/Trademark Information

Copyright ©. All rights reserved. All trademarks, logos, and service marks displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

31. Service-Specific Terms

The following terms apply specifically to Codequiry's plagiarism detection and code analysis services:

• Analysis Accuracy: While Codequiry strives for accuracy, analysis results are provided "as is" and should not be the sole basis for academic or professional decisions. You acknowledge that false positives and false negatives may occur.
• Educational Use: When using Codequiry for educational purposes, you represent that you have obtained all necessary consents from students, parents, or institutions as required by applicable law.
• Code Submission: You represent that you have the right to submit any code for analysis and that such submission does not violate any third-party rights or applicable laws.
• Result Interpretation: You are responsible for interpreting and acting upon analysis results. Codequiry provides tools and information but does not make academic or professional decisions on your behalf.
• Data Retention: Code submissions and analysis results may be retained indefinitely for service improvement, database building, and compliance purposes, as detailed in Section 24.4.
• Service Limitations: Codequiry's analysis capabilities may vary by programming language, code complexity, and other factors. Not all code types or formats may be fully supported.
• Third-Party Content: Analysis may include comparisons with publicly available code repositories and databases. Codequiry does not claim ownership of such third-party content but reserves the right to use it for comparison purposes.
• Academic Integrity: Codequiry is designed to support academic integrity but should be used as part of a comprehensive approach to plagiarism detection and prevention, including human review and institutional policies.

31.1. Acceptable Use Policy

In addition to all other restrictions and obligations in these Terms, you specifically agree NOT to:

• Use the Service for any unlawful purpose or in violation of any applicable law, regulation, or ordinance;
• Violate or infringe the rights of Codequiry, other users, or any third party, including intellectual property, privacy, publicity, or contractual rights;
• Engage in any conduct that inhibits or restricts any person from using or enjoying the Service, or that may harm Codequiry or users;
• Submit false, inaccurate, misleading, or fraudulent information;
• Impersonate any person or entity, or falsely state or misrepresent your identity or affiliation;
• Interfere with or disrupt the Service, servers, or networks connected to the Service;
• Attempt to gain unauthorized access to any portion of the Service, other users' accounts, or computer systems or networks;
• Use any automated means (including bots, scrapers, or spiders) to access the Service, except as explicitly permitted by Codequiry;
• Collect, harvest, or store personal information about other users without their consent;
• Use the Service to transmit spam, chain letters, junk mail, or other unsolicited communications;
• Upload or transmit viruses, malware, or other malicious code;
• Attempt to circumvent any security, access control, or usage limitation measures;
• Use the Service in any manner that could damage, disable, overburden, or impair the Service;
• Use the Service to harass, threaten, abuse, defame, or intimidate any person;
• Modify, adapt, translate, or create derivative works based on the Service;
• Remove, alter, or obscure any copyright, trademark, or proprietary rights notice;
• Frame or mirror any part of the Service without Codequiry's prior written consent;
• Use the Service for any commercial purpose not expressly authorized by these Terms;
• Engage in any activity that constitutes or encourages conduct that would constitute a criminal offense or give rise to civil liability;
• Share or distribute access credentials or allow unauthorized access to your account;
• Create multiple accounts for the purpose of abuse, fraud, or circumventing restrictions;
• Use the Service to store or backup data unrelated to plagiarism detection;
• Engage in any form of data mining, data harvesting, or data extraction;
• Use the Service in a manner that competes with or undermines Codequiry's business;
• Attempt to decipher, decompile, reverse engineer, or disassemble any aspect of the Service;
• Submit code containing offensive, obscene, or inappropriate content;
• Use the Service to process sensitive regulated data (such as HIPAA, PCI-DSS data) without proper authorization and safeguards;
• Manipulate or attempt to manipulate analysis results through obfuscation, encoding, or other techniques designed to evade detection;
• Use the Service to conduct security testing, penetration testing, or vulnerability scanning without Codequiry's prior written consent;
• Publish or disclose benchmarks, performance metrics, or comparative analyses of the Service without Codequiry's prior written consent; or
• Encourage, enable, or assist any third party in doing any of the foregoing.

Violation of this Acceptable Use Policy may result in immediate account suspension or termination, reporting to law enforcement authorities, pursuit of civil or criminal legal action, and liability for damages.

31.2. Remedies for Breach

In addition to any other remedies available at law or in equity, if you breach these Terms, Codequiry may:

• Immediately suspend or terminate your account without notice or refund;
• Block your IP addresses and prevent future access;
• Delete your account and all associated data;
• Pursue collection of any outstanding fees, plus interest and collection costs;
• Seek injunctive relief to prevent further breaches;
• Pursue monetary damages, including consequential and punitive damages;
• Report violations to appropriate law enforcement, regulatory authorities, or your institution;
• Disclose information about your breach to affected third parties or institutions;
• Seek recovery of attorneys' fees, court costs, and expert witness fees;
• Take any other action permitted by law or these Terms; and
• Exercise any combination of the foregoing remedies.

These remedies are cumulative and not exclusive. Pursuit of one remedy does not waive the right to pursue others.

32. Acknowledgment and Acceptance of Terms

BY CREATING AN ACCOUNT, ACCESSING THE SERVICE, SUBMITTING CODE, OR USING ANY FEATURE OF THE SERVICE, YOU ACKNOWLEDGE THAT:

• You have read, understood, and agree to be bound by these Terms in their entirety;
• You have read and agree to Codequiry's Privacy Policy, Refund Policy, and all other incorporated policies;
• You understand that these Terms constitute a legally binding contract between you and Codequiry;
• You have the legal capacity and authority to enter into these Terms;
• You are at least 18 years of age or the age of majority in your jurisdiction;
• You are not located in a prohibited jurisdiction and do not appear on any government sanctions list;
• You agree to the dispute resolution and arbitration provisions, including the class action waiver;
• You agree to the disclaimer of warranties and limitations of liability;
• You understand that Codequiry may modify these Terms and that continued use constitutes acceptance;
• You grant Codequiry the licenses and rights described in these Terms, including the perpetual license to use submitted code;
• You understand that code submissions become part of Codequiry's comparison databases indefinitely;
• You accept the risks associated with automated plagiarism detection and will not rely solely on Service results;
• You will comply with all restrictions, obligations, and acceptable use policies in these Terms;
• You understand that violations may result in account termination, legal action, and liability for damages;
• If you are using the Service on behalf of an organization, you have authority to bind that organization to these Terms; and
• You waive any right to claim that you did not read, understand, or agree to these Terms.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT CREATE AN ACCOUNT, ACCESS THE SERVICE, OR SUBMIT ANY CODE. YOUR ONLY REMEDY IF YOU DO NOT AGREE IS TO DISCONTINUE USE OF THE SERVICE.

33. Contact Information

Address: 18911 Hardy Oak Blvd, Suite 255

Email: contact(at)codequiry(dot)com

For legal notices or service of process, please contact our registered agent at the address above. For privacy-related inquiries, please contact us at privacy(at)codequiry(dot)com.