QBeeQ, Inc. Terms of Service
TERMS OF SERVICE
1. AGREEMENT
This APPLICATION LICENSE AGREEMENT (the “Agreement”) governs the terms and conditions under which QBeeQ, Inc. (“QBeeQ”) provides access to and licences the applications (the “Application”). By installing, accessing, or using the Application, you (“User”) agree to these terms. If you do not agree with any of these terms, do not use the Application. The use of the mobile version of the Application is also subject to the terms and conditions of the respective mobile application distributor (e.g., Apple or Google) and the terms required by the mobile network operator.
2. LICENSE GRANT
Subject to the terms of this Agreement, QBeeQ grants User a non-exclusive, non-transferable, revocable, and limited license to access and use the Application during the term specified in the Order. The license is limited to the number of users or the overall usage specified in the Order. User acknowledges that all rights, title, and interest in the Application remain with QBeeQ and its licensors. User shall not decompile, disassemble, modify, or reverse engineer the Application.
3. USE RESTRICTIONS
User agrees not to (a) sublicense, sell, resell, transfer, assign, distribute, or commercially exploit the Application; (b) create derivative works based on the Application; (c) link to, frame, or mirror the Application on any other platform; (d) disrupt the performance or integrity of the Application; or (e) attempt to gain unauthorized access to the Application or its systems. User must maintain all required hardware and software at their own expense.
4. USER DATA
User retains ownership of all data and information submitted or collected through the Application (“User Data”). QBeeQ will not be responsible for the accuracy, legality, or security of User Data. User grants QBeeQ a royalty-free, worldwide, perpetual, non-exclusive license to use, reproduce, modify, and display User Data through the Application. QBeeQ will not disclose User Data to third parties without User’s consent, except in aggregated form that does not personally identify User.
5. SUPPORT
QBeeQ will provide support for the Application via email. User is responsible for the security of their user ID and password and must not share them with others. If there is a security breach, User must contact QBeeQ immediately.
6. PAYMENT AND BILLING
The Application Fee and any applicable taxes are outlined in the Order. Payments are accepted via credit card, debit card, or bank transfer. QBeeQ reserves the right to suspend or terminate access to the Application if payment is not received.
7. LIMITATION OF LIABILITY
Except for indemnification obligations, QBeeQ is not liable for any special, indirect, incidental, or consequential damages, including but not limited to loss of profits, data, or goodwill. QBeeQ’s total liability to User will not exceed the Application Fees paid by User in the twelve months preceding the event giving rise to the claim.
8. INDEMNIFICATION
User agrees to indemnify and hold QBeeQ harmless from any claims arising out of User’s breach of this Agreement or use of the Application. QBeeQ agrees to indemnify User against claims that the Application infringes third-party intellectual property rights, provided User promptly notifies QBeeQ and cooperates in the defence of such claims.
9. REPRESENTATIONS AND WARRANTIES
QBeeQ represents and warrants that it has the authority to enter into this Agreement and that the Application will operate substantially as described. QBeeQ does not warrant that the Application will be error-free or meet all of User’s requirements. User represents and warrants that their use of the Application complies with all applicable laws and regulations.
10. OTHER PROVISIONS
In the event of Force Majeure, QBeeQ will take reasonable measures to resume performance. User may not assign this Agreement without QBeeQ’s prior written consent. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements. Amendments must be in writing and signed by both parties. If any provision is found to be invalid, the remaining provisions will continue to apply. This Agreement is governed by the laws of Delaware, excluding its conflict of laws provisions, and any disputes will be resolved in the courts of Delaware, USA The United Nations Convention on Contracts for the International Sale of Goods does not apply.