Terms of Service

Effective date: February 20, 2026  |  Last updated: February 20, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Upquark LLC, a California limited liability company ("Company," "we," "us," or "our"), governing your access to and use of the a.s.d.f (ask share discover find) mobile application (the "App") and the associated website (the "Website"), collectively referred to as the "Service."

1. Eligibility

You must be at least 13 years of age (or the minimum age required in your jurisdiction) to use the Service. If you are between 13 and 18 years of age (or the age of legal majority in your jurisdiction), you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

By using the Service, you represent and warrant that: (a) you meet the minimum age requirement; (b) you have the legal capacity to enter into these Terms; (c) you are not prohibited from using the Service under any applicable law; and (d) all information you provide during registration is truthful, accurate, and complete.

2. Account Registration & Security

2.1 Account Creation

To access certain features of the Service, you must create an account. You may register using your email address and a password, or through a supported third-party authentication provider (Google Sign-In or Apple Sign-In). You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

2.2 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account, whether or not authorized by you
• Notifying us immediately at s@instanc.app if you suspect unauthorized access to your account

We are not liable for any loss or damage arising from your failure to maintain the security of your account credentials.

2.3 Account Restrictions

You may not: (a) create more than one account per person; (b) create an account using false or misleading information; (c) create an account for the purpose of impersonating another individual or entity; (d) share, sell, transfer, or assign your account to another person; or (e) use another person's account without their authorization.

3. Description of the Service

a.s.d.f is a social marketplace platform that provides:

• Local Marketplace: a platform for users to create, discover, and respond to classified listings for goods and services in their geographic area
• Encrypted Messaging: direct and group messaging protected by end-to-end encryption using the Fourier Protocol, built on the Signal Protocol implementation
• Community Topics: public discussion forums organized around neighborhoods and interests
• Location-Based Discovery: features that surface relevant content, listings, and users based on geographic proximity

The Service is provided on an "as is" and "as available" basis. We reserve the right to modify, suspend, or discontinue any feature or aspect of the Service at any time, with or without notice.

4. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not use the Service to:

4.1 Prohibited Conduct

• Violate any applicable local, state, national, or international law or regulation
• Harass, threaten, stalk, intimidate, defame, or bully any individual
• Post, transmit, or distribute content that is hateful, discriminatory, or promotes violence against any individual or group based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic
• Post, transmit, or distribute sexually explicit, pornographic, or obscene content
• Engage in fraud, phishing, scams, or deceptive practices
• Send unsolicited messages (spam) or promote pyramid schemes
• Distribute malware, viruses, worms, trojans, or any other harmful software
• Collect, harvest, or store personal information of other users without their consent
• Infringe upon the intellectual property rights, privacy rights, or other rights of any third party

4.2 Technical Restrictions

• Attempt to gain unauthorized access to any part of the Service, other users' accounts, or computer systems or networks connected to the Service
• Use any automated means (including bots, scrapers, crawlers, or scripts) to access the Service or extract data without our written permission
• Interfere with, disrupt, or place an unreasonable load on the Service or its infrastructure
• Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the App, except to the extent expressly permitted by applicable law
• Circumvent, disable, or otherwise interfere with security-related features of the Service

5. Marketplace Terms

5.1 Role of a.s.d.f

a.s.d.f provides a platform that enables users to connect with each other for the purpose of buying, selling, trading, or offering goods and services. a.s.d.f is not a party to any transaction between users. We do not own, possess, inspect, endorse, or assume responsibility for any items or services listed on the platform.

5.2 Listing Requirements

When creating a listing, you agree to:

• Provide accurate, truthful, and complete descriptions of items or services
• Set prices honestly and transparently
• Use photographs that accurately represent the actual item or service being offered
• Maintain legal ownership or authorization to sell any listed item
• Comply with all applicable laws regarding the sale of goods and services in your jurisdiction

5.3 Prohibited Listings

You may not list items or services that are illegal to sell, purchase, or possess in your jurisdiction, including but not limited to:

• Illegal drugs, controlled substances, and drug paraphernalia
• Stolen, counterfeit, or fraudulent goods
• Weapons, firearms, ammunition, or explosives (where prohibited by law)
• Hazardous, toxic, or recalled consumer products
• Items that infringe on intellectual property rights
• Human remains, body parts, or organs
• Animals in violation of wildlife protection laws
• Sexually explicit material

5.4 Transaction Disclaimer

All marketplace transactions are conducted solely between users at their own risk. a.s.d.f does not guarantee: (a) the quality, safety, legality, or availability of any listed item or service; (b) the accuracy, truthfulness, or completeness of any listing or user profile; (c) the ability of any seller to complete a sale or any buyer to complete a purchase; or (d) the outcome of any transaction. You acknowledge that you bear all risks associated with marketplace transactions, including the risk of fraud, misrepresentation, and personal injury.

5.5 User Safety

We strongly recommend that you: (a) meet in well-lit public places when conducting in-person transactions; (b) bring a companion to in-person meetings; (c) inspect items thoroughly before completing a purchase; and (d) never share financial information (bank account numbers, Social Security numbers, etc.) with other users through the Service.

6. Messaging & End-to-End Encryption

6.1 Encryption Architecture

Direct messages and private group conversations on a.s.d.f are protected by end-to-end encryption using the Fourier Protocol, built on the Signal Protocol implementation (X3DH key exchange and Double Ratchet algorithm). Encryption keys are generated and stored exclusively on your device. We do not possess the ability to decrypt the content of your encrypted messages.

6.2 Implications of End-to-End Encryption

You understand and acknowledge that:

• No Message Recovery: if you lose access to your device, encrypted message history stored only on that device cannot be recovered by us or anyone else
• No Content Monitoring: we cannot monitor, review, or moderate the content of end-to-end encrypted messages
• No Dispute Mediation: we cannot mediate disputes regarding the content of encrypted messages, as we have no access to such content
• User Responsibility: encryption does not relieve you of your obligations under these Terms or applicable law — you remain fully responsible for the content of your messages

6.3 Public Groups

Messages in public groups use server-managed encryption keys and are not end-to-end encrypted in the same manner as direct messages and private group conversations. Content posted in public groups may be subject to content moderation.

7. User Content & Licenses

7.1 Ownership

You retain all ownership rights in the content you create and post through the Service ("User Content"), including listings, photographs, videos, posts, comments, reviews, and ratings.

7.2 License Grant to Upquark LLC

By posting User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, display, and distribute your User Content solely in connection with operating, providing, promoting, and improving the Service. This license continues until you delete your User Content or your account, except that copies may persist in backup systems for a reasonable period thereafter.

7.3 License Grant to Other Users

By making User Content publicly available (e.g., public listings, community posts, reviews), you grant other users a non-exclusive license to view and interact with that content through the Service's normal functionality.

7.4 Representations

You represent and warrant that: (a) you own or have obtained all necessary rights, licenses, and permissions to post your User Content; (b) your User Content does not infringe upon the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party; and (c) your User Content does not violate these Terms or any applicable law.

8. Content Moderation & Enforcement

We employ a combination of automated, on-device content moderation tools and user-driven reporting to identify content that may violate these Terms. Automated moderation may include detection of NSFW imagery, profanity, hate speech, threats, and spam patterns.

We reserve the right, but assume no obligation, to:

• Review, screen, or monitor User Content
• Remove or disable access to any User Content that, in our sole judgment, violates these Terms
• Issue warnings to users who violate these Terms
• Temporarily suspend or permanently terminate accounts of users who violate these Terms
• Report illegal activity to law enforcement authorities

If you believe content on the Service violates these Terms, please report it using the in-app flagging feature or contact us at s@instanc.app.

9. Subscriptions, Payments & Promotions

9.1 Subscription Plans

Certain features of the Service may be available through paid subscription plans. Subscription details, including pricing and included features, will be presented to you before purchase.

9.2 Billing

Subscription payments are processed through the applicable app store platform (Apple App Store or Google Play Store). By subscribing, you agree to the billing terms of the applicable platform. Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.

9.3 Cancellation

You may cancel your subscription at any time through your app store account settings. Cancellation will take effect at the end of the current billing period. No refunds will be provided for partial billing periods, unless required by applicable law.

9.4 Refunds

Refund requests are subject to the policies of the applicable app store platform. Please contact Apple or Google directly for refund inquiries related to app store purchases.

9.5 Promotions

The Service may offer promotional features that allow you to boost the visibility of your listings. Promotion terms, availability, and pricing (if applicable) will be presented within the App. We reserve the right to modify or discontinue promotional features at any time.

10. Intellectual Property

The Service, including its design, visual interfaces, features, functionality, underlying software, source code, algorithms, graphics, trademarks, service marks, and trade dress, is owned by Upquark LLC and is protected by copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws.

These Terms do not grant you any right, title, or interest in the Service or our intellectual property, except for the limited, revocable, non-exclusive, non-transferable license to access and use the Service in accordance with these Terms.

11. Third-Party Services & Links

The Service may contain links to or integrations with third-party websites, services, or applications. We do not control, endorse, or assume responsibility for any third-party services. Your use of third-party services is governed by their respective terms of service and privacy policies. You access third-party services at your own risk.

12. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) ANY DEFECTS IN THE SERVICE WILL BE CORRECTED; OR (E) ANY CONTENT ON THE SERVICE IS ACCURATE, COMPLETE, OR CURRENT.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UPQUARK LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR:

• Loss of profits, revenue, data, goodwill, or other intangible losses
• Loss or inability to recover encrypted messages or cryptographic keys
• Losses arising from transactions between users, including fraud, misrepresentation, defective goods, or personal injury
• Unauthorized access to or alteration of your data or transmissions
• Any conduct or content of any third party on the Service
• Service interruptions, downtime, or data loss

IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY (WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Indemnification

You agree to indemnify, defend, and hold harmless Upquark LLC, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; (e) your violation of any third-party rights; or (f) any dispute between you and another user of the Service.

15. Dispute Resolution & Arbitration

15.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service by contacting us at s@instanc.app. We will attempt to resolve the dispute informally within 30 days.

15.2 Binding Arbitration

If the dispute cannot be resolved informally, you and Upquark LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding.

15.3 Class Action Waiver

YOU AND UPQUARK LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding.

15.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

16. Termination

16.1 Termination by You

You may terminate your account at any time by deleting your account through the App settings or by contacting us at s@instanc.app.

16.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service, in whole or in part, at any time and for any reason, including but not limited to: (a) violation of these Terms; (b) conduct that we determine, in our sole discretion, is harmful to other users, third parties, or the business interests of Upquark LLC; (c) extended periods of inactivity; or (d) request by law enforcement or a governmental authority.

16.3 Effect of Termination

Upon termination of your account:

• Your right to access and use the Service will immediately cease
• Your public content (listings, posts, reviews) will be removed from the Service
• Encrypted messages stored on our servers will be deleted
• Data stored locally on your device will remain until you uninstall the App
• Any outstanding subscription will continue until the end of the current billing period, unless terminated for a material violation of these Terms

The following provisions shall survive termination: Sections 7 (User Content & Licenses), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 15 (Dispute Resolution), and 18 (General Provisions).

17. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will: (a) update the "Last updated" date at the top of this page; and (b) notify you through the App, via email, or by other reasonable means. Material changes will not apply retroactively and will become effective no sooner than 30 days after notice is provided, except for changes addressing new features or legal requirements, which may be effective immediately.

Your continued use of the Service after the effective date of any modified Terms constitutes your acceptance of such modifications. If you do not agree to the modified Terms, you must discontinue your use of the Service and delete your account.

18. General Provisions

• Governing Law: these Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict-of-law principles
• Entire Agreement: these Terms, together with the Privacy Policy, constitute the entire agreement between you and Upquark LLC regarding the Service and supersede all prior agreements and understandings
• Severability: if any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect
• Waiver: our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or of the right to enforce it in the future
• Assignment: you may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms without your consent in connection with a merger, acquisition, or sale of assets
• Force Majeure: we shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, acts of government, pandemics, or internet or telecommunications failures
• No Third-Party Beneficiaries: these Terms do not confer any rights or remedies upon any third party

19. Contact Us

If you have any questions, concerns, or feedback regarding these Terms, please contact us:

• Email: s@instanc.app