Section 13: Indemnification

Part of the Terms & Conditions Effective Date: January 1, 2025

13.1 General Indemnification Obligation

You agree to indemnify, defend, and hold harmless That Is A Q, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, successors, and assigns (collectively, "Indemnitees") from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees), and expenses arising out of or relating to:

Your use or misuse of our services, platforms, or content;
Your violation of these Terms, any applicable laws, regulations, or third-party rights;
Your submission, posting, transmission, or sharing of any materials or data through our services;
Any unauthorized access to or use of our systems or accounts.

13.2 Third-Party Claims

In the event of a third-party claim, lawsuit, investigation, or proceeding arising from the circumstances outlined in Section 13.1, you shall:

Provide prompt written notice to That Is A Q upon becoming aware of the claim;
Grant That Is A Q the right to participate in and control the defense or settlement, provided that no settlement shall impose any liability or obligation on the Indemnitees without our prior written consent;
Cooperate fully with That Is A Q in the defense or settlement of the claim at your expense.

13.3 Scope and Limitations

This indemnification obligation covers direct damages, legal fees, and settlement amounts directly attributable to your actions or omissions. It does not extend to:

Consequential, indirect, incidental, special, or punitive damages;
Claims arising from That Is A Q's gross negligence, willful misconduct, or material breach of these Terms;
Damages resulting from force majeure events or circumstances beyond the reasonable control of either party.

Notice Requirement Failure to provide timely notice of a claim may limit your indemnification obligations under this section, except to the extent such prejudice is directly caused by the delay.

13.4 That Is A Q's Indemnification

That Is A Q shall indemnify and hold you harmless from and against any third-party claims that our services, when used in accordance with the documentation and these Terms, directly infringe or misappropriate any valid United States patent, copyright, or trademark, provided you:

Promptly notify us in writing upon receipt of any such claim;
Grant us sole control of the defense and settlement;
Do not admit liability or agree to any settlement without our prior written consent.

13.5 Exclusions & Modifications

Neither party shall be liable for indemnification obligations where damages result from the other party's unauthorized modification, alteration, or combination of our services with third-party products, unless such combination was expressly authorized and documented by That Is A Q.

13.6 Contact & Legal Inquiries

For questions regarding this indemnification policy, or to report a potential claim, please contact our legal department at:

That Is A Q Legal Department
Email: legal@thatisaq.com
Mailing Address: 123 Innovation Drive, Suite 400, San Francisco, CA 94105