Terms of Service

1. Acceptance of terms

These Terms of Service (“Terms”) govern your access to and use of Quag (the “Service”), operated by Martello Systems LLC (“Martello Systems”, “we”, “us”). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Description of service

Quag is a tool for independent and gig workers to track earnings, expenses, and mileage, generate invoices, and view computed estimates such as net pay per hour. All figures Quag produces are estimates derived from the data you provide.

3. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. By using Quag you represent that you meet these requirements.

4. Account responsibilities

You are responsible for safeguarding your login credentials and for all activity under your account. Provide accurate information and keep it current. Notify us promptly at support@quag.app of any unauthorized use.

5. Acceptable use

Do not upload data that is not yours, reverse engineer the Service, resell access, attempt to disrupt or gain unauthorized access to our systems, or use the Service for any unlawful purpose. We may suspend or terminate accounts that violate these Terms.

6. No professional advice

Quag is a bookkeeping and estimation tool. It does not provide tax, accounting, financial, legal, or other professional advice, and no accountant-client or advisory relationship is created by your use of it. Invoices, expense categorizations, mileage figures, and per-hour estimates are informational only. Before filing taxes, claiming deductions, or making business or financial decisions, consult a qualified accountant, tax professional, or financial advisor. You are solely responsible for the accuracy of your records and the decisions you make.

7. Warranty disclaimer

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or that any estimates or calculations will be accurate.

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARTELLO SYSTEMS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) US$100.

9. Indemnification

You agree to indemnify, defend, and hold harmless Martello Systems LLC and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your data, or your violation of these Terms.

10. Billing

Paid plans are billed via Stripe on the cycle shown at checkout. We do not store your card details. You can cancel any time from your account; cancellation stops future charges and does not refund the current period unless required by law.

11. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the Service. Sections that by their nature should survive termination (including disclaimers, limitation of liability, and indemnification) will survive.

12. Changes to these terms

We may update these Terms from time to time. Material changes will be reflected by an updated “last updated” date. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

13. Governing law

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws rules.

14. Dispute resolution; binding arbitration & class-action waiver

Please read this section carefully — it affects your legal rights and includes a class-action waiver.

Informal resolution first: before bringing a claim, you agree to contact us at support@quag.app and try to resolve the dispute informally for at least 30 days.

Binding arbitration: if the dispute isn’t resolved, you and Martello Systems LLC agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable rules, rather than in court — except that either party may bring an individual claim in small-claims court. The arbitration will be held in or governed by the State of Utah, and may be conducted by phone, video, or written submissions where permitted. The arbitrator’s award may be entered as a judgment in any court of competent jurisdiction.

Class-action waiver: YOU AND MARTELLO SYSTEMS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims.

30-day opt-out: you may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing support@quag.app with your name and a statement that you opt out; opting out won’t affect the rest of these Terms.

Severability: if the class-action waiver is found unenforceable, the rest of this arbitration section will not apply.

15. Contact

Questions about these Terms? Contact us at support@quag.app. Quag is operated by Martello Systems LLC.