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Terms of Service & User Agreement

Last Updated: September 2026

Company Information & Acceptance of Terms

This Terms of Service & User Agreement ("Agreement") is entered into by and between you ("User", "Customer", or "You") and TQG, Inc. d/b/a QwikLocker ("Company", "TQG", "We", "Us", or "Our"), headquartered at:

407 California Ave, Ste 6, Palo Alto, CA 94306

Toll-Free Support: +1 (855) 843-7945 | Email: support@theqwikgroup.com

Help Center: https://theqwikgroup.com/Help

By creating an account, accessing or downloading the QwikLocker mobile application, purchasing delivery credits or subscriptions, or utilizing any smart locker hardware compartment or network tower managed or operated by TQG, Inc. or its third-party partners, you unconditionally agree to be bound by all terms, policies, and conditions set forth herein. If you do not agree to all of these terms, do not access or use the application or services.

Eligibility & Age Restriction

You must be at least 18 years of age (or the age of legal majority in your jurisdiction of residence) and capable of forming a binding legal contract under applicable law to register for an account, subscribe to services, or utilize QwikLocker facilities. By using this service, you represent and warrant that you meet these eligibility requirements.

Recurring Membership & Subscription Billing ($6.99 / 30 Days)

a. Continuous Subscription: QwikLocker offers an ongoing recurring membership plan billed automatically at $6.99 USD every thirty (30) days to your payment method on file.

b. Included Delivery Credit: Each 30-day billing cycle includes one (1) delivery credit valid for one (1) reserved smart locker compartment across any operational locker in the network.

c. Credit Refresh: A new delivery credit refreshes automatically at the beginning of each 30-day cycle upon successful payment.

d. Cancellation Policy: In compliance with applicable automatic renewal laws, you may cancel your recurring membership at any time directly through the in-app Settings menu, online at the Help Center (https://theqwikgroup.com/Help), or by contacting Customer Support at +1 (855) 843-7945 or support@theqwikgroup.com. Cancellation takes effect at the end of the current paid 30-day billing period.

e. Non-Refundable Past Charges: ALL PAST AND CURRENT MONTHLY SUBSCRIPTION CHARGES ARE STRICTLY NON-REFUNDABLE. No partial, prorated refunds, or cash equivalents are issued for unused time or unused delivery credits.

Pre-Authorization & Additional Compartment Charges ($3.99 Overage)

a. Additional Compartments: Any deliveries requested beyond your active included membership credit are billed at $3.99 USD per delivery compartment.

b. Multi-Package / Multi-Compartment Pre-Authorization: You expressly pre-authorize TQG, Inc. to charge your payment method on file an additional $3.99 USD for each additional locker compartment required for your shipment. For example, if you assign one delivery, but a carrier delivers multiple separate parcels or oversized packages that require two (2) separate locker compartments, your account will be billed the base credit plus an automatic $3.99 charge for each additional compartment utilized.

c. Secondary Charges & Extended Holding: You authorize TQG, Inc. to charge your stored credit card, debit card, or digital wallet for any compartment overages, dimensional surcharge adjustments, or extended holding detention fees incurred during delivery fulfillment.

Real-Time Availability, Dynamic Capacity & Search Obligation

a. Fluctuating Availability: Locker compartment capacity, compartment dimensions (small, medium, large), and hardware availability fluctuate continuously in real-time based on local consumer demand, carrier drop-offs, pickups, and maintenance.

b. No Guaranteed Reservation: TQG, Inc. DOES NOT guarantee that a specific locker tower, location, or compartment size will be vacant, open, or reservable in your specific area at any given moment.

c. Search Obligation Prior to Checkout: You are required to search for nearby lockers on the interactive map prior to payment and subscription checkout to verify active availability in your intended delivery vicinity.

Third-Party Logistics, Carrier Transport & Delivery Authorization

a. Delivery Permission & Agency: You expressly grant permission and authorization to third-party couriers, independent logistics contractors, commercial freight carriers (including USPS, FedEx, UPS, Amazon Logistics, DHL, and regional couriers), and TQG delivery personnel to transport, handle, scan, and deposit your parcels into designated locker compartments.

b. Hardware Access: Couriers and delivery drivers are authorized to access and secure assigned locker doors on your behalf to complete delivery intake.

c. Completion of Delivery & Custody: Delivery is deemed legally completed, fulfilled, and transferred upon the carrier depositing the parcel into the assigned compartment and closing the physical latch. TQG, Inc. acts solely as an intermediary technology and hardware provider and is not a common carrier.

Communications Consent: SMS Text Messages, Emails & Push Notifications (TCPA Compliance)

a. Express Written Consent: You provide prior express written consent under the Telephone Consumer Protection Act (47 U.S.C. § 227), CTIA guidelines, and the CAN-SPAM Act for TQG, Inc., its affiliates, and third-party delivery partners to send automated and manual SMS text messages, push notifications, and emails to the mobile number and email address associated with your account.

b. Scope of Messages: Messages include, but are not limited to: OTP verification codes, delivery arrival alerts, compartment access codes, Bluetooth unlock prompts, pickup expiration reminders, account billing receipts, security notices, service updates, and marketing/promotional offers.

c. Rates, Opt-Out & Help: Message and data rates may apply. You may opt out of promotional SMS messages at any time by replying STOP. For assistance, reply HELP or visit https://theqwikgroup.com/Help. Transactional and locker security notifications essential for door access and parcel retrieval cannot be unsubscribed while holding an active delivery reservation.

d. Carrier Disclaimer: Mobile carriers are not liable for delayed or undelivered messages.

Data Privacy, Telemetry & Third-Party Data Sharing (CCPA/CPRA)

a. Data Collected: We collect your name, email, verified mobile number, geolocation proximity coordinates, device identifiers, locker hardware telemetry, and carrier tracking barcodes.

b. Third-Party Sharing: We share necessary data strictly with third-party hardware controller networks (for BLE lock actuation and tower health), cloud infrastructure providers, SMS/email telecommunication vendors, and commercial logistics carriers solely for fulfilling deliveries, securing hardware, and auditing compartment status. We do not sell or share personal information for cross-context behavioral advertising.

c. Data Removal & Deletion: You retain the right to request deletion of your account and personal records at any time via the in-app "Request Data Removal" option in Settings or by writing to support@theqwikgroup.com.

Hardware Operation, Bluetooth BLE & Reopening Policy

a. Bluetooth Proximity: Unlocking physical locker doors requires an active Bluetooth Low Energy (BLE) proximity connection and enabled Location permissions on your mobile device within range of the locker tower.

b. Reopening Flow: Users may utilize the in-app "Need Reopen?" feature to actuate the door latch again during an active pickup session if items were left inside.

c. Mechanical Latch Care: Users must ensure locker doors are firmly closed and secured after retrieving or depositing parcels.

Prohibited Items & Parcel Content Restrictions

The following items are strictly prohibited from being deposited in or delivered to any QwikLocker unit:

  • Hazardous chemicals, flammable materials, combustible liquids, toxic substances, explosives, or fireworks (DOT HAZMAT).
  • Firearms, firearm parts, ammunition, weapons, or illegal contraband.
  • Illicit drugs, narcotics, or controlled substances without proper federal/state licensing.
  • Live animals, biological matter, medical waste, or perishable foods requiring climate-controlled refrigeration.
  • Stolen property, counterfeit goods, or items exceeding the physical dimensional/weight limits of the compartment.

Violation of this policy will result in immediate account termination, forfeiture and disposal of goods, reporting to law enforcement, and potential legal prosecution.

Package Retention Period & Abandoned Property

a. Standard Retrieval Window: Deliveries should be retrieved within 72 hours of arrival notification.

b. Abandonment & Disposal: Packages remaining in a locker compartment past seven (7) consecutive days without prior written arrangement may be deemed abandoned. In accordance with applicable state property laws, TQG, Inc. reserves the right to retrieve abandoned items, return them to the carrier/sender, transfer them to central storage subject to administrative storage fees ($5.00/day), or dispose of them after 30 days.

Limitation of Liability & Disclaimers

a. "As-Is" Service: TQG, Inc. and its third-party partners provide all software and physical locker services on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied.

b. Exclusions: To the maximum extent permitted by applicable law, TQG, Inc., its officers, directors, employees, affiliates, and third-party hardware and logistics partners shall not be liable for any indirect, incidental, punitive, special, or consequential damages resulting from third-party carrier delays, parcel theft, parcel damage caused by couriers, weather events, power or cellular connectivity outages, or unretrieved packages.

c. Total Liability Cap: In no event shall TQG, Inc.'s total aggregate liability exceed the greater of $100 USD or the total subscription fees paid by you in the three (3) months preceding the event giving rise to the claim.

d. California Civil Code § 1542 Waiver: If you are a California resident, you expressly waive California Civil Code § 1542, which provides: "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."

Indemnification

You agree to defend, indemnify, and hold harmless TQG, Inc., its subsidiaries, affiliates, officers, agents, and third-party partners from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to your use of the services, violation of this Agreement, or deposition of prohibited or hazardous items in any locker compartment.

Governing Law, Binding Individual Arbitration & Class Action Waiver

a. Governing Law: This Agreement is governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.

b. Mandatory Arbitration: Any dispute, claim, or controversy arising out of or relating to this Agreement or use of the service shall be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) in Santa Clara County, California.

c. Class Action Waiver: YOU WAIVE ANY RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR REPRESENTATIVE PROCEEDING AGAINST TQG, INC. OR ITS PARTNERS.

Electronic Communications & Signatures (E-SIGN Act)

By using the application, creating an account, or clicking confirmation buttons, you consent to receive electronic communications and agree that all notices, disclosures, and agreements provided electronically satisfy any legal requirement that such communications be in writing.

Modifications to Terms

TQG, Inc. reserves the right to modify or update this Agreement at any time. Material changes will be communicated via the mobile application or email. Continued use of the service after such notice constitutes your acceptance of the updated terms.

Contact Us & Help Center

For customer support, inquiries, or legal notices:

TQG, Inc. (QwikLocker Customer Service)

407 California Ave, Ste 6, Palo Alto, CA 94306

Phone: +1 (855) 843-7945

Email: support@theqwikgroup.com

Help Center: https://theqwikgroup.com/Help