Terms of Service

1. Acceptance of Terms

By accessing or using NameDrop, you agree to be bound by these Terms. If you are accessing or using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you may not access or use the Service. If you disagree with any part of these Terms, your only remedy is to discontinue use of the Service.

2. Definitions

• "Service" means the NameDrop website, mobile applications, browser extensions, integrations, API, and all related services and features provided by Qurb LLC.
• "User Content" means any content you upload, create, or submit to the Service, including voice recordings, photographs, biographical information, links, and metadata.
• "Account" means your registered NameDrop account.
• "Enterprise Subscription" means a paid subscription plan that provides access to premium features and is governed by a separate Order Form.

3. Eligibility

You must be at least 13 years old to use the Service. If you are between 13 and 18 years old, you must have the consent of a parent or legal guardian to use the Service. If you are using the Service on behalf of an organization, you represent and warrant that all users within your organization are at least 13 years old or have obtained appropriate parental consent.

4. Account Registration

To use certain features of the Service, you must create an Account. You agree to provide accurate, current, and complete information during registration and to keep your account information up-to-date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your Account. You agree to notify us immediately of any unauthorized use of your Account. You may not share your Account with others, and you may not have more than one personal Account. Qurb LLC is not responsible for any unauthorized access to your Account.

5. The Service

NameDrop is a name pronunciation platform that allows you to record your name pronunciation and share it via public profile pages. The Service also provides enterprise features including email signature widgets, Outlook add-in, Microsoft Teams app, Slack app, Chrome extension, API access, single sign-on (SSO), and an admin dashboard. We may modify, suspend, or discontinue any feature or aspect of the Service at any time with reasonable notice. Free accounts are provided on an "as is" basis. Enterprise Subscriptions are governed by a separate Order Form and subject to specific service level commitments.

6. User Content and License Grant

You retain all ownership rights to your User Content. By uploading or submitting User Content to the Service, you grant Qurb LLC a worldwide, non-exclusive, royalty-free, perpetual license to host, display, reproduce, and distribute your User Content solely for the purpose of operating and providing the Service to you and as permitted by these Terms.

AI Training Carve-Out: You agree and acknowledge that Qurb LLC will NEVER use your voice recordings, personal data, or any User Content to train artificial intelligence, machine learning models, or any other algorithmic systems. This restriction applies to Qurb LLC and all of our sub-processors and third-party service providers. Voice data and personal information are used exclusively to provide the Service to you.

You represent and warrant that: (a) you own or have the necessary rights to all User Content you upload; (b) your User Content does not infringe any third-party intellectual property, privacy, or other rights; and (c) your User Content complies with all applicable laws and these Terms.

7. Public Profiles and Indexing

Your NameDrop profile is publicly accessible at namedrop.io/[username] by default. Public profiles may be indexed by search engines and may be accessed by artificial intelligence services and web crawlers. You can control the visibility of your profile through your Account settings in the NameDrop dashboard. Organization information, including organization names and logos associated with organizational email addresses, may be displayed on the platform to provide context and organization recognition.

8. Acceptable Use Policy

You agree not to use the Service for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Service. Prohibited uses include:

• Using the Service for unlawful, defamatory, obscene, or otherwise illegal purposes
• Uploading User Content that is defamatory, obscene, abusive, or infringes any third-party intellectual property or privacy rights
• Impersonating another person or entity
• Attempting to gain unauthorized access to the Service or its systems
• Interfering with or disrupting the operation of the Service or its infrastructure
• Using automated means, bots, or scraping tools to access the Service without our permission (authorized crawling in accordance with our robots.txt is permitted)
• Using the Service to distribute malware, spam, or malicious code
• Violating any applicable law, regulation, or third-party right
• Engaging in any conduct that restricts or inhibits any person's use of the Service

Qurb LLC may suspend or terminate your Account and access to the Service if you violate this Acceptable Use Policy. Violations may also result in legal action.

9. Enterprise Subscriptions and Payment

Enterprise features are available through paid Subscription plans governed by a separate Order Form. The Order Form specifies pricing, billing terms, renewal terms, payment method, and other relevant details. All fees are non-refundable except as required by law or as explicitly stated in the applicable Order Form. Qurb LLC may modify pricing with 30 days' notice for future renewal periods. Continued use of the Service following pricing changes constitutes acceptance of the new terms.

10. Intellectual Property

All content, design, features, functionality, and services provided through the Service, excluding User Content, are the exclusive property of Qurb LLC or its licensors. "NameDrop" and all associated logos, marks, and designs are trademarks of Qurb LLC. Nothing in these Terms grants you any rights to our intellectual property except a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms. You agree not to reproduce, modify, create derivative works, or use our intellectual property for any purpose other than using the Service.

11. DMCA / Copyright Policy

Qurb LLC respects intellectual property rights. If you believe that content on NameDrop infringes your copyright or other intellectual property rights, you may submit a Digital Millennium Copyright Act (DMCA) notice to: privacy@namedrop.io.

Your DMCA notice must include: (a) identification of the copyrighted work or intellectual property allegedly infringed; (b) the URL or specific location of the infringing material; (c) your full legal name, mailing address, phone number, and email address; (d) a statement that you have a good faith belief that the use is not authorized by the copyright owner or applicable law; (e) a statement, under penalty of perjury, that the information you provided is accurate and that you are authorized to act on behalf of the copyright owner; and (f) your physical or electronic signature.

Qurb LLC will investigate notices of alleged infringement and may remove infringing content at its sole discretion. Users who repeatedly submit infringing User Content may have their Accounts suspended or terminated.

12. Privacy

Our collection, use, and protection of your personal data is governed by our Privacy Policy, located at namedrop.io/legal/privacy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our privacy practices.

13. Third-Party Services and Integrations

The Service may integrate with or provide access to third-party services, platforms, and applications. Your use of third-party services is governed by their own terms of service and privacy policies. Qurb LLC is not responsible for third-party services, including their availability, functionality, security, privacy practices, or content. We make no warranties or representations regarding third-party services.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. QURB LLC DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FULLY FUNCTIONAL. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QURB LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR THESE TERMS, EVEN IF QURB LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

QURB LLC'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID QURB LLC IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

16. Indemnification

You agree to indemnify, defend, and hold harmless Qurb LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any third-party right, including intellectual property rights; or (e) any activity related to your Account.

17. Term and Termination

Free Accounts: Either you or Qurb LLC may terminate your Account and access to the Service at any time, for any reason, with or without notice.

Enterprise Subscriptions: Termination is governed by the applicable Order Form.

Our Right to Terminate: Qurb LLC may suspend or terminate your Account and access to the Service immediately if you violate these Terms, the Acceptable Use Policy, or applicable law.

Effects of Termination: Upon termination or expiration of these Terms or your Account, your right to use the Service ceases immediately. Qurb LLC will delete your Account data within 30 days of termination, and all backups will be deleted within 90 days (unless retention is required by law). Sections of these Terms that by their nature are intended to survive termination will survive, including provisions regarding intellectual property, liability limitations, indemnification, arbitration, and governing law.

18. Dispute Resolution and Arbitration

Governing Law: These Terms and any disputes arising out of or relating to the Service are governed by the laws of the State of California, without regard to conflict of law principles.

Informal Resolution: Before initiating arbitration, you agree to contact us at privacy@namedrop.io and attempt to resolve any dispute informally. We will make a good faith effort to resolve the dispute for at least 30 days after receiving your notice.

Binding Arbitration: If a dispute cannot be resolved informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in Alameda County, California, or remotely as the parties agree. The arbitrator has the authority to award any relief available in law or equity that the parties request. The arbitration shall be conducted on a confidential basis.

Class Action Waiver: YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE ACTION AGAINST QURB LLC. ALL DISPUTES MUST BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

Small Claims Exception: Either party may bring individual claims in small claims court in lieu of arbitration, provided the claim qualifies for small claims court jurisdiction.

Opt-Out Right: You may opt out of the arbitration clause by sending written notice to privacy@namedrop.io within 30 days of first accepting these Terms. Your notice must include your name, address, email address, and a clear statement that you wish to opt out of the arbitration agreement.

19. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, Cookie Policy, and any applicable Order Form, constitute the entire agreement between you and Qurb LLC regarding the Service and supersede all prior agreements and understandings.

Severability: If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be severed, and the remaining provisions will remain in full force and effect.

No Waiver: The failure of Qurb LLC to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

Assignment: You may not assign or transfer your rights or obligations under these Terms without Qurb LLC's prior written consent. Any attempted assignment without consent is void. Qurb LLC may assign these Terms and its rights and obligations hereunder to a successor or affiliate in connection with a merger, acquisition, or sale of substantially all assets, without your consent.

Force Majeure: Qurb LLC shall not be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, or government action.

Notices: Notices to you may be delivered via email to the email address associated with your Account, through the Service, or by other reasonable means. Notices to Qurb LLC must be sent via email to privacy@namedrop.io or by mail to the address below.

20. Contact Us

If you have questions about these Terms of Service, please contact us:

• Email: privacy@namedrop.io
• Mailing Address: Qurb LLC, 5984 Lombard St, Dublin, CA 94568, USA