Terms & Conditions

© 2020 Targeted Shopping Solutions, Inc. and acQyr eXchange – www.acqyrexchange.com All rights reserved.

Information, images or other content provided or accessed through this Website or any Targeted Shopping Solutions, Inc. electronic or online platform may not be reproduced or redistributed in any form, except as expressly authorized by Targeted Shopping Solutions, Inc.

acQyr eXchange is a trademark of Targeted Shopping Solutions, Inc.

WEBSITE TERMS AND CONDITIONS

In this Website Terms and Conditions, “TSS” refers to Targeted Shopping Solutions, Inc. and its affiliates,

including, but not limited to, acQyr eXchange .

www.acQyreXchange.com (the “Website,” sometimes referred to as the “Platform”) is owned and operated by Targeted Shopping Solutions, Inc. The Website, together with any and all information, services or other material (collectively, “Information”) contained in the Website, including Information made accessible through extensions of the website, such as the acQyr eXchange application (“QX App”) and other offerings, is the proprietary property of TSS except as otherwise set forth in any Terms of Use, Services Agreement, or other agreement between a user of the Website and TSS.

PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

Persons or entities that access the Website acknowledge and agree that no duty of care is owed to them or to any other users by TSS or any of its affiliates, and that use of the Website creates no legal relationship between a user and Targeted Shopping Solutions, Inc. or its affiliates.

You must be at least 16 years of age and capable of forming legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you are eligible. By registering or using the Platform to offer, post or provide services, including, but not limited to games and applications (collectively, “Provider Services”), provider members, including but not limited to game publishers and content creators (collectively, “Provider Members”) represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Provider Services and in relation to the specific job they are performing. In all aspects, Provider Members agree to comply with all applicable laws, including the California Consumer Privacy Act, in their use of the Platform and any personal information obtained from the Platform.

THIS WEBSITE, AND ANY INFORMATION, SERVICE OR OTHER MATERIALS THAT MAY BE PROVIDED ON OR ACCESSED THROUGH THIS WEBSITE, ARE PROVIDED “AS IS,” WITH ALL FAULTS. NEITHER TSS NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, VALIDITY, TIMELINESS, COMPLETENESS, AVAILABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE OR ANY INFORMATION PROVIDED ON OR CONTAINED IN THE WEBSITE, OR ANY RESULTS TO BE DERIVED FROM USE OF THE WEBSITE. THE ENTIRE RISK OF ACCESS AND USE OF THE WEBSITE LIES WITH THE USER.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND REGARDLESS OF THE FORM OF ACTION, NEITHER TARGETED SHOPPING SOLUTIONS, INC., NOR ANY OF ITS SUBSIDIARIES OR AFFILIATES, NOR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, SHALL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND TO ANY USER OF THIS WEBSITE, OR ANY OTHER PERSON, FOR ANY INACCURACIES, ERRORS OR OMISSIONS ON THE WEBSITE, OR ANY INFORMATION OR SERVICES PROVIDED ON THE WEBSITE, NOR FOR ANY LOSS OR DAMAGE (WHETHER DIRECT OR INDIRECT) INCURRED IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE WEBSITE, OR RELATING TO ABILITY OR INABILITY TO ACCESS OR USE OF THE WEBSITE, REGARDLESS OF CAUSE. UNDER NO CIRCUMSTANCES SHALL TARGETED SHOPPING SOLUTIONS, INC., OR ANY OF ITS SUBSIDIARIES OR AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) WITH RESPECT TO THE ACCESS OR USE OF THE WEBSITE OR THE INFORMATION AVAILABLE THEREON, REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN OR PREVENTED.

Trademarks, service marks and product names or logos that appear on the Website, as well as custom graphics, icons and other images covered by trademark, trade dress, copyright or other proprietary rights, are the property of Targeted Shopping Solutions, Inc. or its licensor(s). You may not use, copy, imitate or modify any such names, marks, logos, icons, graphics or images without the express written consent of Targeted Shopping Solutions, Inc.

You acknowledge and agree that certain functionalities, information and services made available through the Website require users to subscribe, purchase and/or register prior to being granted access. Where any functionality or service requires a subscription, purchase and/or registration, you agree that you will comply with the required subscription, purchase or registration process and observe and be bound by applicable Terms of Use, Services Agreements, Licenses, or other rules, terms and conditions governing your access to and use of such functionality or service. In the event of any conflict between these Website Terms and Conditions, and any such Terms of Use, Licenses or Agreements, the applicable Terms of Use, License or Agreement shall prevail.

You also acknowledge that certain functions, such as collecting and distributing funds, may require you to use certain third-party services and applications, including but not limited to Venmo, Zelle, or PayPal. By using these services and applications within the Platform, you agree that you are of legal age to use said services and applications, that you are authorized to control the accounts associated with said services and applications, and that you will only use said applications for authorized, legal purposes. Additionally, you agree that certain fees may apply for the redemption of funds from the Platform through said services and applications.

As part of the registration process or otherwise in connection with your use of the Website, you may be required to provide TSS with personal information. We strive to maintain the privacy of such information in accordance with applicable regulations. Our Privacy Policy is available on this Website, and is incorporated into and subject to these Terms and Conditions.

If you choose to use acQyr eXchange’s service provider, Dwolla, Inc., for your cashback method, then you expressly authorize Dwolla, Inc. to originate credit transfers to your financial institution account. You authorize us to collect and share with Dwolla your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data. Dwolla’s Privacy Policy is available here.

You agree to provide accurate and complete information during the registration process and at all other times when you use the Platform. You also agree to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your TSS password and login information, and, if applicable, your third-party site password, including but not limited to passwords for sites and applications such as Google and Facebook. You are solely responsible for all activity that occurs on your Account, and you will notify TSS immediately of any unauthorized use. TSS is not liable for any losses by any party caused by an unauthorized use of your Account. Additionally, TSS is not liable for the improper or unauthorized use of information provided on Platform, including the use of location and identifying information provided by Provider Members. Notwithstanding the foregoing, you may be liable for the losses of TSS or others due to such unauthorized use. Your TSS Account is non-transferable unless you receive written permission from us and follow all policies and procedures to complete the transfer of the Account.

CURRENT TRANSACTION AND SUBSCRIPTION FEES

Services provided by the acQyr eXchange Websites and or Platform may give rise to certain transaction and/or subscription fees, also called premium membership fees. Access to our Website is free and requires compliance with these terms and conditions. The exchange and/or redemption of digital assets through our Platform may give rise to certain transaction fees (a percentage fee applied to the total exchange or redemption value). These fees may be amended from time to time and may vary based upon the member’s service level (free or premium levels) and method of exchange and/or redemption. In addition, new and/or additional fees may apply from time to time. We will always disclose the fees we charge members in this section.

Enhanced services and/or reduced transaction fees may be provided to members who subscribe to and pay for premium levels of service. These premium levels and their monthly and/or annual costs will be disclosed and periodically updated in this section. Some transaction fees may be paid to us by our partners and may or may not be disclosed by our partners to their customers. Any fees for value-added services provided by our partners and which are NOT covered by our transaction and/or subscription fees shall be governed solely by the relationship with that partner.

Exchange Fees

We do not charge our members a fee for exchange of their earned rewards to acQyr Cash. We also do not charge our members a fee for tracking the value of their earned rewards and acQyr Cash. Our partners may or may not be paying us fees for this service.

Redemption Fees

For redeeming acQyr Cash to US dollars and having those funds transferred to our member’s designated account via their selected cash back method and timing, we charge a small transaction fee to cover costs related to the transfer of funds to your designated account. Those fees are as follows:

Premium Membership Fees

We currently do not offer premium membership options. These options, along with their value-added benefits will be announced soon. When those premium membership options are available, we will detail the fee options and benefits delivered, including lower redemption fees for certain premium membership levels.

If you choose to purchase any of TSS’s premium services, you agree to make required payments in full and on time, as required. You agree that payment will be made using only methods approved and allowed by TSS, including but not limited to acQyr Cash, Venmo, or Paypal. You acknowledge that fees for premium services may change, from time to time, and that you will be subject to the changed fees.

You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other Member or user. TSS is not responsible for any damage or harm resulting from your interactions with other users. The Collective Content may contain links to third-party websites, offers, or other events/activities not owned or controlled by TSS. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk. By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from TSS with respect to such actions or omissions.

Provider Members, including but not limited game publishers and content creators, understand and agree that they are not TSS employees. Provider members understand and agree that they are customers of TSS, not partners, agents, joint venturers, or employees. Provider Members acknowledge that they represent themselves and/or their business only, that they are responsible for the quality of their content, and they consent to being featured on TSS sites and the sites of TSS affiliates. TSS has no right to control and does not in any way control the services provided to Customer Members, or any other person, by Provider Members except as specifically mentioned herein.

YOUR USE OF THE PLATFORM, SERVICES OR COLLECTIVE CONTENT SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT TSS DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) CONDUCT IDENTITY VERIFICATION, BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING BUT NOT LIMITED TO PROVIDER MEMBERS AND CUSTOMER MEMBERS. WITHOUT LIMITING THE FOREGOING, TSS AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE PROVIDER SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. TSS MAKES NO WARRANTY THAT THE PLATFORM OR PROIVIDER SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. TSS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TSS OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CUSTOMER MEMBERS, PROVIDER MEMBERS OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT TSS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VET ANY PROVIDER SERVICES. TSS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE PROVIDER SERVICES. TSS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING PROVIDER SERVICES OR REQUESTING OR RECEIVING PROVIDER SERVICES THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF TSS OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER TSS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TSS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM, PROVIDER SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING PROVIDER SERVICES OR REQUESTING OR RECEIVING PROVIDER SERVICES THROUGH THE PLATFORM. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF TSS AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM, PROVIDER SERVICES, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY PROVIDER SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO TSS BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.

TSS may, at any time and for any reason, in its sole discretion, modify, discontinue or suspend any or all of the functionalities, information and/or services provided on the Website, with or without notice, and shall not be liable for any such modification, discontinuance or suspension.

Without limiting any other rights reserved herein, TSS may, in its sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and TSS, including but not limited to limiting your Account access, requiring you to forfeit certain funds or paid Fees, assessing monetary penalties, removing User Content you posted, terminating or suspending your Account, notifying other Members of your violations of these terms or termination of your account, decreasing your status or search rank, canceling quotes, messages, or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.

These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by TSS on the Platform, shall constitute the entire agreement between you and TSS concerning the Platform or Provider Services obtained through the Platform. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

These Terms and Conditions may be amended, expanded, updated or otherwise modified from time to time unilaterally by TSS, without notice. Please visit this section of the Website periodically to access the current version of the Terms and Conditions. By continuing to access and use the Website after any such amendments, additions, updates or modifications have been made, you agree that you are consenting to be bound by such revised terms.

Last Updated: June 24, 2021