Terms of Service

1. Agreement to Terms

By accessing or using Quok ("Service," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Service. These Terms constitute a legally binding agreement between you and Quok.

We may update these Terms from time to time. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically for updates.

2. Description of Service

Quok is a checklist and task management platform designed to help individuals organize end-of-life planning tasks. The Service provides the following functionality:

• Preview Mode (Unauthenticated): Read-only access to checklist templates and general informational content. No account is required to browse publicly available checklists.
• Authenticated Mode: Full create, read, update, and delete (CRUD) capabilities on tasks, notes, and document storage. Requires account creation via email authentication.
• Location-Specific Content: Informational content tailored to United States jurisdictions, including state and county-level guidance on administrative processes, filings, and deadlines.

The Service is intended for personal, non-commercial use. Quok reserves the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

4. No Warranty / "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, QUOK DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• ANY WARRANTY THAT THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
• ANY WARRANTY THAT STATE, COUNTY, OR JURISDICTION-SPECIFIC INFORMATION IS CURRENT, COMPLETE, OR APPLICABLE TO YOUR SITUATION.

No advice or information, whether oral or written, obtained from Quok or through the Service shall create any warranty not expressly stated in these Terms.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QUOK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• MISSED DEADLINES FOR FILINGS, CLAIMS, OR ADMINISTRATIVE ACTIONS;
• FAILURE TO CLAIM BENEFITS, INSURANCE PROCEEDS, OR ENTITLEMENTS;
• IMPROPER OR UNTIMELY FILINGS WITH ANY GOVERNMENTAL AUTHORITY;
• FINANCIAL LOSSES ARISING FROM RELIANCE ON THE SERVICE OR ITS CONTENT;
• LEGAL CONSEQUENCES, PENALTIES, OR FINES RESULTING FROM FOLLOWING OR NOT FOLLOWING CHECKLIST ITEMS OR TASK GUIDANCE;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.

IN NO EVENT SHALL QUOK'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE TOTAL AMOUNT PAID BY YOU TO QUOK IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT QUOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. User Accounts and Authentication

To access certain features of the Service, you must create an account. Quok uses a passwordless authentication system via magic links sent to your email address ("Magic Link Authentication").

• Email Security: You are solely responsible for maintaining the security of the email account associated with your Quok account. Because authentication is performed through your email, anyone with access to your email account may be able to access your Quok account.
• Account Responsibility: You are responsible for all activity that occurs under your account, whether or not you authorized such activity. You agree to notify Quok immediately of any unauthorized use of your account.
• One Account Per Person: Each account is intended for a single individual. Accounts are personal and non-transferable. You may not share, sell, assign, or otherwise transfer your account to any other person or entity.
• Suspension and Termination: Quok reserves the right to suspend or terminate your account at any time, for any reason, including but not limited to violation of these Terms, suspected fraudulent activity, or extended periods of inactivity.

7. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service for any illegal or unauthorized purpose, or in violation of any applicable local, state, national, or international law;
• Access, tamper with, or use non-public areas of the Service, Quok's computer systems, or the technical delivery systems of Quok's providers;
• Attempt to access any other user's account, data, or personal information;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service;
• Use any automated system, including robots, spiders, scrapers, or offline readers, to access the Service in a manner that sends more request messages to Quok's servers than a human can reasonably produce in the same period using a conventional web browser;
• Interfere with, disrupt, or place an undue burden on the Service or the networks or services connected to the Service;
• Upload, transmit, or distribute any viruses, malware, or other harmful code.

When document storage features are available, you additionally agree not to upload files that contain malicious code, violate the intellectual property rights of any third party, contain illegal content, or exceed any file size or type restrictions specified by the Service.

8. User Content and Data Ownership

You retain all ownership rights in and to any content you create, upload, store, or submit through the Service ("User Content"), including but not limited to task notes, checklist customizations, uploaded documents, and any other materials.

By using the Service, you grant Quok a limited, non-exclusive, non-transferable, revocable license to store, process, and display your User Content solely for the purpose of providing and operating the Service for your benefit. Quok does not claim any intellectual property rights over your User Content.

Quok will not sell, share, or distribute your User Content to third parties, except as necessary to provide the Service (for example, using cloud infrastructure providers for data storage) or as required by law.

Upon termination of your account, Quok will delete your User Content in accordance with Section 11 (Termination) of these Terms.

9. Intellectual Property

The Service and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, design elements, user interface, visual interfaces, trademarks, logos, service marks, checklist templates, and the compilation, arrangement, and selection of the foregoing ("Quok IP"), are owned by Quok, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms do not grant you any right, title, or interest in or to any Quok IP. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Quok IP, except as incidental to your normal use of the Service.

10. Third-Party Services

The Service relies on third-party infrastructure providers for hosting, data storage, email delivery, authentication, and other operational functions. These providers may include, but are not limited to, cloud hosting services, database providers, email service providers, and content delivery networks.

Quok is not responsible for the practices, policies, or actions of any third-party service providers. Your use of the Service is subject to the terms and conditions of these third-party providers to the extent applicable. Quok makes no representations or warranties regarding the security, reliability, or availability of any third-party services.

The Service may contain links to third-party websites or resources. Quok provides these links for convenience only and is not responsible for the content, products, or services offered by third parties. Your interactions with third-party websites are governed by the terms and policies of those third parties.

11. Termination

You may terminate your account at any time by contacting us at [email protected]. Quok may terminate or suspend your account at any time, with or without cause, and with or without notice.

Upon termination of your account, for any reason:

• Your right to access and use the Service will immediately cease;
• Quok will delete your User Content, including any uploaded documents and personal data, within thirty (30) days of account termination, unless retention is required by law;
• Quok may retain anonymized or aggregated data that does not identify you personally;
• You may request an export of your data prior to termination by contacting [email protected].

The following sections of these Terms shall survive termination: Section 3 (Informational Content Disclaimer), Section 4 (No Warranty), Section 5 (Limitation of Liability), Section 9 (Intellectual Property), Section 12 (Dispute Resolution), and Section 13 (Indemnification).

12. Dispute Resolution

Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Informal Resolution. Before filing any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") informally by contacting Quok at [email protected]. Quok will attempt to resolve the Dispute informally within thirty (30) days of receiving your notice. If the Dispute is not resolved within this thirty (30) day period, either party may proceed to binding arbitration.

Binding Arbitration. Any Dispute that cannot be resolved informally shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted in the State of California. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver. YOU AND QUOK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of class or representative proceeding.

Forum. To the extent that litigation is permitted under these Terms, you agree that any judicial proceeding shall be brought exclusively in the state or federal courts located in the State of California, and you consent to the personal jurisdiction of such courts.

13. Indemnification

You agree to defend, indemnify, and hold harmless Quok, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service or any activity under your account;
• Your violation of these Terms or any applicable law or regulation;
• Your violation of any rights of a third party, including intellectual property rights;
• Any User Content you create, upload, or store through the Service;
• Any actions taken or not taken by you based on Content provided through the Service.

Quok reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Quok in asserting any available defenses.

14. Modifications to These Terms

Quok reserves the right to modify or replace these Terms at any time at its sole discretion. If a revision is material, Quok will provide at least thirty (30) days' notice prior to the revised terms taking effect. Notice may be provided through the Service, via email to the address associated with your account, or by other reasonable means.

What constitutes a "material" change will be determined at Quok's sole discretion. By continuing to access or use the Service after the revised Terms become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Service and may request account termination.

15. Severability and Miscellaneous

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity of any provision shall not affect the validity or enforceability of the remaining provisions.

Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Quok regarding the Service and supersede all prior and contemporaneous agreements, understandings, representations, and warranties, both written and oral, regarding the Service.

Waiver. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Quok's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Quok's prior written consent. Quok may freely assign or transfer these Terms without restriction. Any attempted assignment in violation of this section shall be null and void.

Force Majeure. Quok shall not be liable for any failure or delay in the performance of its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, war, terrorism, civil unrest, power failures, internet outages, or third-party service provider failures.

Contact Information. If you have any questions about these Terms, please contact us at [email protected].