Terms of Service

Effective Date: December 2024

Thank you for using the RedQuill platform, which includes redquill.net (“the Website”) and other applications provided by us (collectively, the “Service”). These Terms of Service (the “Agreement”) explain what rights you have with respect to stories and other assets, which you might generate with the Service, or prompts you might enter into the Service (the “Assets”), your use of the Services, and other important topics. Please read it carefully. Our privacy policy outlines how we handle your datahere.

This Agreement is entered into by RedQuill and the entity or person agreeing to these terms (the "Customer," “You” or “Your”) and govern the Customer's access to and use of the Services.

This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the "Effective Date") or to receive or distribute Assets. These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If You do not agree to this Agreement, please stop using the Services.

By agreeing to these Terms, you agree to resolve all disputes with us through binding individual arbitration. That means you also waive any right to have those disputes decided by a judge or jury, and you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt out of arbitration as explained below.

Service Availability and Quality

We are constantly improving the Services to make them better. The Services are subject to modification and change, including but not limited to the writing style of Assets, the algorithms used to generate the Assets, and features available to the Customer. No guarantees are made with respect to the Services’ quality, stability, uptime, or reliability. Please do not create any dependencies on any attributes of the Services or the Assets. We will not be liable to You or Your downstream customers for any harm caused by Your dependency on the Service.

Both the Services and the Assets are provided to Customer on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Assets and assume any risks associated with the use of the Services.

RedQuill reserves the right to suspend or ban Your access to the Services at any time, and for any reason. You may not use the Services for purposes of developing or offering competitive products or services. You may not reverse engineer the Services or the Assets. You may not use automated tools to access, interact with, or generate Assets through the Services. You may not resell or redistribute the Services or access to the Service. Only one user may use the Services per registered account. Each user of the Services may only have one account.

You may not use the Service to try to violate the intellectual property rights of others, including copyright, patent, or trademark rights. Doing so may subject you to penalties including legal action or a permanent ban from the Service.

We reserve the right to investigate complaints or reported violations of our Terms of Service and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.

Eligibility

By accessing the Services, you confirm that You must be at least 18 years old. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service are in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

Accounts and Registration

To access most features of the Service, you must register for an account, whether directly or through a third-party integration (“Account”). When you register for an Account, you may be required to provide us with some information about yourself, such as your name, username, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password.

You are solely responsible for maintaining the confidentiality of your Account and password, and you accept responsibility for all activities that occur under your Account. If you believe that your Account is no longer secure, then you should immediately notify us atredquill@redquill.net.

By using the Services, You may provide RedQuill with personal information like Your email address, user name, billing information, favorites, image outputs, and text prompts that You enter, or sample images that You upload to the Service. Our privacy policy can be foundhere.

Payment and Billing

The core RedQuill Services are provided to users at no charge, offering basic functionalities for daily story generation. RedQuill offers premium features designed to enhance and enrich the user experience as subscriptions or credit purchases. Before you pay for any premium features, you will have an opportunity to review and accept the fees that you will be charged.

General: We offer great subscription options and may also sell standalone access to certain additional features. RedQuill offers on-platform credits (“Quills”) that allow users to access premium features by redeeming these credits, either through an active Subscription of various durations (“Subscriptions”), or a-la-carte purchases (“Products”). We reserve the right to terminate Your access to RedQuill’s paid Services for any reason, including for inappropriate use of the Service.

Subscriptions: Users who pay for Subscriptions have greater access to RedQuill’s features, including the ability to generate more stories and characters, as well as accessing a higher number of credits per day depending on the subscription tier. Quills reset daily, and do not carry over to the next subscription period.

(i) Duration: Our Subscriptions are continuous. Subscriptions begin the date you first purchase a Subscription and renew on a recurring basis (each, a “Period”) for periods of the same duration as your initial Subscription period until canceled. However, we may discontinue your Subscription if you are in dispute with us, or if you have previously requested a chargeback that we have successfully challenged.

(ii) Pricing changes: We reserve the right to change the cost of our Subscriptions and other Products at any time. Any change will only become effective after the expiration of your current Subscription Period and after we provide you with notice of such change.

Payment processing: RedQuill will contract with third-party service providers to process payments submitted through the Service (the “Payment Processor”). Users will be required to provide their payment method details to the Payment Processor. Before you make purchases through Payment Processors, you will have an opportunity to review the amounts that you will be charged. The Payment Processors’ Terms of Service shall govern and supersede this Agreement in case of conflict.

Cancellations

You have the flexibility to cancel your subscription at any time. If you choose to cancel, your subscription will remain active until the end of the current billing period, and you will not be charged for the subsequent period. To cancel, go to the Billing Portal tab in Settings, and click the “Cancel subscription” button.

You may resubscribe to our platform at any time to regain access to premium features and content. However, please note that any credits from previous canceled subscriptions that were not used within the validity period of the subscription cannot be carried over to a new subscription. Each subscription period is treated independently, and credits must be used within their respective periods.

If a user files a chargeback request, the subscription is immediately canceled. All access to premium features and remaining credits will be revoked at the time the chargeback request is filed.

Refund Policy

Generally, you may request a refund within 24 hours of your payment, except as otherwise required by applicable law in your jurisdiction. Refunds are not available if any credits have been used, regardless of when the request is made.

This refund policy is not intended to limit any rights to a refund that may exist under local jurisdiction laws. Where local laws provide stricter refund rights than RedQuill’s policy, we will review requests on a case-by-case basis, and you may be eligible for additional rights under those laws.

Refunds will not be granted for technical issues on the user’s end. However, in limited circumstances, RedQuill may issue a refund for errors on our part or technical issues with the service. For assistance, please contact RedQuill’s Care Team at support@redquill.net.

Payment issues and Support: Notify us of any payment problems or issues as soon as you become aware of them. We will make every effort to assist you with any billing questions – just contact us atsupport@redquill.net.

Shipping Policy

There is no shipping policy as everything is digital. Content generated or published will automatically be saved to your registered RedQuill account.

User Content

Content Rights: Certain features of the Service may permit Users to submit, upload, publish, broadcast, or otherwise transmit (“Publish”) content to the Service, including reviews, photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, Models, Generated Images, algorithms, folders, data, text, and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content and Assets that you Publish to the Service, subject to the licenses granted in these Terms.

Limited License Grant to RedQuill: By Posting User Content to or via the Service, you grant RedQuill a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content and prompts You input into the Services, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. You agree to pay all monies owing to any person or entity resulting from Publishing your User Content and from RedQuill’s exercise of the license set forth in this Section. You agree that if you set any of your User Content as “Published,” your User Content may be viewed by other Users, and you hereby grant each User a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, display, publish, reproduce, distribute, and make derivative works of that User Content through the Service, unless another license is specified by you on your page for your User Content. If you set your User Content as “Private,” we will use commercially reasonable measures designed to keep such User Content confidential and protected from unauthorized access or disclosure by a third party, subject to our rights to access and use such User Content under these Terms and our Privacy Policy. This license survives termination of this Agreement by any party, for any reason.

Please note: RedQuill is an open community which allows others to use and remix Your Stories and prompts whenever they are published to the public. By default Your Published Stories are viewable and remixable. You grant RedQuill a license to allow this.

You Must Have Rights to the Content You Post; User Content Representations and Warranties: You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content as set forth in these Terms. RedQuill disclaims any and all liability in connection with User Content. You are solely responsible for (i) your User Content and the consequences of providing User Content via the Service, and (ii) all license terms related to User Content.

By providing User Content via the Service, you affirm, represent, and warrant to us that: (a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize RedQuill and Users in the manner contemplated by RedQuill, the Service, and these Terms; (b) your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) RedQuill RedQuill to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, harassing, threatening, embarrassing, hateful, or otherwise inappropriate. (d) you are expected to ensure that any individuals with clear, explicit depiction in the content you generate or upload have given appropriate permissions, such as written permission, for such depiction, especially when content is intended for public distribution. Users should take reasonable steps to obtain necessary permissions in line with applicable laws and platform policies.

User Content Disclaimer. We are under no obligation to edit or control User Content that you or other Users Post and will not be in any way responsible or liable for User Content. RedQuill may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against RedQuill with respect to User Content.

Content Moderation. RedQuill does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its Users. You acknowledge and agree that RedQuill reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes and moderate all User Content on the Services, at its discretion. If at any time RedQuill chooses to monitor or moderate the content, then RedQuill still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

Moderators may flag content or Users at their reasonable discretion. If any User Content is flagged, our moderators will consider context and intent while enforcing these Terms and our policies. If notified by a User or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, RedQuill does not permit infringing activities on the Service. RedQuill may block, filter, mute, remove, or disable access to any User Content uploaded to or transmitted through the Service without any liability to the User who Posted such User Content to the Service or to any other Users.

The following User Content is expressly prohibited and may be flagged by or for our moderators:

- Content depicting or intended to depict real individuals or minors (under 18) in a mature context. RedQuill has a strict policy against any under-18 content, and any attempt to violate that policy is grounds for account termination. Please review our Content Guidelines for detail.

Content promoting illegal or violent activities, including, but not limited to:

- rape and domestic abuse

illegal substances or product sales requiring permits/licenses

- fraud, deception, or false impersonation

- brutal fights, graphic injuries, or human death

- graphic violence or bestiality

- "Loli", "lolicon", "shota", "shotacon" content - Sexualized death, “vore”, or “snuff” fiction. Characters are allowed to kill or die in stories, but the death should not be intended as sexually titillating.

- Ravishment fantasies in which the “victim” receives no thrill or enjoyment from the acts, or is seriously and/or permanently physically harmed/abused/ maimed/killed.

- Content that promotes or glorifies hate, intolerance, or violence towards any person or group.

- Content depicting the excrement of "scat" or fecal matter.

- Content falsely labeled as having been created or endorsed by another creator, or impersonates another creator on the Service.

Reporting and Appeals

You are encouraged to report any inappropriate User Content that violates these Terms or our published policies. Reports can be submitted through our standard reporting mechanism, and should include relevant information to assist in the investigation. We reserve the right to suspend or terminate the accounts of Users who are found to be repeatedly violating these Terms or our published policies. Users can request an explanation or appeal a moderation decision by using ourAppeal Form or contacting us at support@redquill.net.

Intellectual Property Rights

RedQuill respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks Users to do the same. Infringing activity will not be tolerated on or through the Service.

DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may complete our DMCA Report Form.

Notification Procedures

If you believe that material located on or linked to by the Services violates your copyright or trademark, please send a notice of claimed infringement to support@redquill.net with the subject “Takedown Request,” and include the following:

Your physical or electronic signature.

- Identification of the copyrighted work (or mark) you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.

- Identification of the material you believe to be infringing in a sufficiently precise and detailed manner to allow us to locate that material.

- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

- A statement that the information in the written notice is accurate.

- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

- If the copyright owner’s rights arise under the laws of a country other than the United States, please identify the country.

Upon receipt of a notice that complies with the foregoing, we reserve the right to remove or disable access to the accused material or disable any links to the material; notify the party accused of infringement that we have removed or disabled access to the identified material; and terminate access to and use of the Services for any user who engages in repeated acts of infringement.

Please be aware that if you knowingly misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

RedQuill’s policy is to: (a) remove or disable access to material that RedQuill believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any User who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. RedQuill will terminate the accounts of Users that are determined by RedQuill to be repeat infringers. RedQuill reserves the right, however, to suspend or terminate accounts of Users in our sole discretion.

Counter-Notification Procedures

If you believe that material was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by submitting a written notification to our copyright agent designated above. Such notification must include substantially the following

- Your physical or electronic signature.

- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.

- Our designated agent to receive counter notices is the same as the agent shown above.

- The DMCA allows us to restore the removed content within 10-14 business days unless the complaining party initiates a court action against you during that time period and notifies us of the same.

- Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorney’s; fees) under Section 512(f) of the DMCA.

Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to RedQuill in response to a Notification of Claimed Infringement, then RedQuill will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that RedQuill will replace the removed User Content or cease disabling access to it in 10 business days, and RedQuill will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless RedQuill’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on RedQuill’s system or network.

False Notifications of Claimed Infringement or Counter Notifications.The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [RedQuill] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” RedQuill reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

Third Party Websites and Services

The Services or third parties may provide links or other access to other sites and resources on the Internet or to third-party applications. RedQuill has no control over such sites, resources, or applications and RedQuill is not responsible for and does not endorse them. You acknowledge and agree that RedQuill will not be responsible or liable, directly or indirectly, for any damage or loss caused by reliance on any content, events, goods, or services available on or through any such sites, resources, or applications. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that RedQuill is not liable for any loss or claim that you may have against any such third party.

Termination and Modification of the Service

Termination. You agree that RedQuill, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if RedQuill believes that you have violated or acted inconsistently with the letter or spirit of these Terms.

RedQuill may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that RedQuill may (but has no obligation to) immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Termination of your account or access to any component of the Services will not terminate RedQuill’s rights to your Content. Further, you agree that RedQuill will not be liable to you or any third party for any termination of your access to the Services.

Modification of the Service. RedQuill reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. RedQuill will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.

Indemnity and Release

You agree to release, indemnify and hold RedQuill and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, and expenses of any kind arising out of or relating to your use of the Services. Without limiting the foregoing, the release and indemnification described above includes reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services.

If you are a California resident, you waive California Civil Code Section 1542, which says:

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.

If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranty

Your use of the Services is at your sole risk. The site is provided on an “AS IS” and “AS AVAILABLE” basis. RedQuill expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. RedQuill makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Services will be accurate or reliable.

Limitation of Liability

You understand and agree that RedQuill will not be liable for any indirect, incidental, special, consequential, or exemplary damages, or damages for loss of profits including but not limited to damages for loss of goodwill, use, data or other intangible losses (even if RedQuill has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the Services; (ii) your access, use, creation of, or interaction with any Stories, Assets or Content; (iii) your sharing with any third party of any Stories, Assets or Content; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party (including users) on the Services; or (vi) any other matter relating to the Services. In no event will RedQuill’s total liability to you for all damages, losses or causes of action exceed the greater of: (i) $100 or (ii) the amount you paid RedQuill (if any) in connection with your use of the Services.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. If you are dissatisfied with any portion of the site or with these terms of use, your sole and exclusive remedy is to discontinue use of the Services.

Complaints Policy

At RedQuill, we prioritize maintaining a safe and compliant environment. We understand that concerns or complaints may arise from time to time, and we are committed to addressing them promptly and effectively. This Complaint Policy outlines the process for users to file complaints regarding any issues encountered while using our platform. Upon receiving a complaint, RedQuill will review the reported content within 7 business days.

Outcomes of our review may include:

• Content Removal: If the content violates our ToS or applicable law, it will be removed or modified.

• Content Retention: If the content complies with our ToS and applicable law, it will remain available.

• Other Actions: Depending on the violation, we may issue warnings, suspend, or terminate user accounts.

RedQuill reserves the right to update this policy to align with applicable laws and improve user experience.

1. Customer Support

RedQuill's Support Team (known also as Care Team) is committed to providing prompt and effective assistance. Users can contact our team if they come across any issues or have inquiries regarding RedQuill. All inquiries are managed with professionalism, confidentiality, and impartiality.

2. Submitting a Complaint

Users who wish to file a complaint can contact our customer support team atsupport@redquill.net

3. Information to Include in the Complaint

When submitting a complaint, users are encouraged to provide the following details to help us investigate and address the issue promptly:

1. User's full name and e-mail

2. Description of the complaint, including relevant details such as the date and time of the incident

3. Any supporting documentation or screenshots, if applicable

4. Acknowledgment of Complaint

Upon receiving a complaint, our customer support team will acknowledge the receipt. All reported complaints will be thoroughly reviewed. We strive to address and resolve complaints within seven business days from the date of receipt. During this time, we may contact you for additional information to better understand the nature of the complaint.

5. Investigation and Resolution

We will conduct a thorough investigation into each complaint to understand the nature of the issue. Our goal is to provide a resolution within a reasonable timeframe. Depending on the complexity of the complaint, some cases may require additional time to conduct a comprehensive investigation. Users will be kept informed of the progress and expected resolution timeline.

6. Feedback and Follow-Up

Once the complaint has been addressed, users will receive feedback regarding the outcome of the investigation and any actions taken. We may also seek user feedback on the resolution process to continuously improve our services.

If a user is dissatisfied with the resolution provided, they may request further escalation. In this case, users can notify our support team within a reasonable timeframe, providing clear reasons for their dissatisfaction with the initial resolution. The case will be reviewed by individuals or teams not initially involved in the complaint resolution process. They will reassess the complaint and reconsider the previous decision. The user will be notified of the outcome of the escalation within a reasonable timeframe.

Dispute Resolution and Governing

Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section of the Terms is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and RedQuill, whether arising out of or relating to these Terms (including any alleged breach thereof), the Website or Services, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and RedQuill are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and RedQuill agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and RedQuill agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claims.

Pre-Arbitration Dispute Resolution. RedQuill is always interested in resolving disputes amicably and fairly, and so if you have concerns, we strongly encourage you to contact us about them at redquill@redquill.net. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If RedQuill and you do not resolve the claim within 60 calendar days after the Notice is received, you or RedQuill may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by RedQuill or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or RedQuill is entitled.

Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with JAMS’ Streamlined Arbitration Rules and Procedures (collectively, the “JAMS Rules”), as modified by this Arbitration Agreement. For information on JAMS, please visit its website, https://www.jamsadr.com. If there is any inconsistency between any term of the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules, unless otherwise provided in this Arbitration Agreement.

Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms will continue to apply.

Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, RedQuill agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending RedQuill written notice within thirty 30 calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

Changes to Terms

We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing Users, material revisions will be effective 14 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Service.

Contact Us

If you have any questions about our Services, or to report any violations of these Terms, please contact us at our primary channelsupport@redquill.net.

Innerworlds, Inc.

169 Madison Ave, STE 11408
New York, NY 10016
+1 914-357-5194