Terms of Service

Quboo is a website provided by The Practical Developer (Moises Macero) with address George Gershwinlaan 1082 MT Amsterdam, The Netherlands.

The following terms and conditions (“Terms”) apply to all use of the Quboo website and all content, services, and products available at or through the website (“Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules and policies (including our Privacy Policy). When we upgrade the Quboo website or any associated service, these Terms will apply also to any of those upgrades.

If Quboo makes changes to these Terms, we will notify you by posting a notice on the Website or via email to your registered account. Continued use of Services after any such changes shall constitute your consent to such changes and any notified updates to these Terms. You can review the most current version of the Terms at https://docs.quboo.io/tos.html.

Use of our Services requires a Quboo account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 18. If you are younger, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.

Violation of any part of these Terms will result in the termination of your Account and/or any other associated service you may have at Quboo.

ALL SERVICES ARE PROVIDED VIA THE INTERNET, “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, CONFIDENTIALITY OR NONINFRINGEMENT. IN NO EVENT WILL OUR LEGAL ENTITY OR ITS ASSOCIATES BE LIABLE FOR ANY CLAIM, DAMAGES, LOSSES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE USE OF ANY SOFTWARE OR SERVICES COVERED BY THIS AGREEMENT. YOU (CLIENT), AGREE TO USE THE SERVICES AT YOUR OWN RISK AND SOLELY AS PERMITTED BY THIS AGREEMENT AND IN ACCORDANCE WITH THE SPECIFIC PROVISIONS CONTAINED BELOW.

1. Conditions of Use

An account may only be opened and used by a physical person (the Account Owner). The account may not be shared by multiple people - multiple people may not login using the same account. An account has an Organization associated to it. If this Organization represents a real Company and/or Legal Entity, the Account Owner must have permission from that Company/Legal Entity to create an account in Quboo.

Each Quboo account has a Public Link associated to it. This Link allows access to the data for that particular account without requiring to log in. The Account Owner is responsible for keeping this link private to only the people that the Account Owner and Company/Legal Entity wants to access the data. Quboo shall not be responsible if people gain undesired access to that data.

You may connect external services to Quboo (if Quboo supports such connections). In those cases, you agree to transferring data from those services to Quboo and that we store that data. You may not use any Services provided by Quboo for any illegal or unauthorized purposes, and you may only use them in a manner that is compatible with applicable laws and regulations. You must not infringe or violate any laws in your jurisdiction (including but not limited to intellectual property rights of third parties).

You are solely responsible for maintaining the security of your Account and password. Quboo shall not be responsible if someone else has used your Account or if you have provided your Account name or password to any third party.

2. Payment and Refunds

Access to Paid Services are subject to entering valid payment information. Payments must be done using an authorized credit card.

Free Services do not require entering payment information.

Paid services are billed in advance on a monthly basis and are nonrefundable. There will be no refunds or credits for partial months of service, upgrade / downgrade refunds, or refunds for months of unused Services.

All fees quoted are exclusive of any taxes, levies, or duties that may apply, and you shall be solely responsible for payment of any such taxes, levies, or duties.

3. Upgrading and Downgrading

Downgrading from Paid Services to a Free Services may cause a loss of content, features, or in the capacities of your Account. Quboo does not accept any liability for such losses.

You are solely responsible for properly downgrading your Organization using the Quboo website. Any email or phone requests to Quboo to downgrade an Organization are not considered valid downgrading notices.

4. Suspension and Termination

You are solely responsible for properly terminating your Account using the Quboo website. Any email or phone requests to terminate an Account are not considered valid termination notices.

The Account and all content in it will be immediately suppressed upon termination. This information cannot be recovered once this Account is terminated. You are solely responsible to all other people who may be accessing this data when you terminate it (e.g. via the Public Link).

If you terminate an Account before the end of the current paid-up month for an Account with Paid Services, your termination will take effect immediately. No refund will be made, and you will not be charged again for that Account.

An Account with Paid Services will be suspended in case a payment does not go through. It will be resumed once it goes through.

Quboo, in its sole discretion, has the right to suspend or terminate any Account at any time. Quboo may refuse access to any and all current or future Services for any reason, at any time, as Quboo shall deem to be reasonable (at its sole discretion). Such termination of the Account and its associated Services may result in the suspension or termination of your Account, and the forfeiture and relinquishment of all content in your Account.

Quboo reserves the right to refuse Services to anyone, for any reason, at any time.

5. Modifications to Services or Prices

Quboo reserves the right at any time to modify or discontinue, temporarily or permanently, any Services (or any part thereof) offered with an Account, with or without prior notice. Prices for all Paid Services, are subject to change upon fifteen (15) days’ prior notice from us. Such notice may be given by posting these changes in the Quboo Website or by sending an email to the email address you used upon registration.

Quboo shall not be liable to you or to any third-party for any modifications, price changes, suspensions or terminations of any Accounts, Organizations or Services.

6. Confidentiality

You and Quboo both agree that any confidential information or private data they receive from one-another that is not readily available in the public domain should be considered as confidential information belonging to the disclosing party and shall be treated accordingly.

You and Quboo warrant that they will comply with all applicable data privacy laws in their jurisdiction and that they will not sell or disclose one-another’s private data.

Neither you nor Quboo will disclose one-another’s confidential information or private data to any third party without the prior written consent of the disclosing party.

You and Quboo both agree that to disclose this agreement to all their employees and to ensure they comply with the provisions included in this agreement.

7. Intellectual Property

You agree to allow everyone who knows your Public Link to have access to all your data (for example but not limited to Player names, Team names, Campaigns, Ranking scores and Badges). You are solely responsible for keeping this link private to the people you want to access this data.

You agree that Quboo Plugins may scan your source code to obtain data required by the Services. Quboo Plugins will not transfer any source code to the Quboo Website or store any source code, only extracted data used by the Services.

You shall not infrige the intellectual property rights of Quboo.

Quboo Plugins may be installed in Third Party Tools. You shall not infringe any intellectual property rights of any of their respective Third Parties.

8. Right to Quboo Contents

You may not duplicate, copy, or reuse any portion of the Quboo Website without the express prior written permission of Quboo.

Quboo is a trademark owned by The Practical Developer (Moises Macero). No licenses to use the Quboo trademark are to be inferred or assumed pursuant the use of any Services.

9. No risk or liability for Quboo

Your use of any Services is at your sole risk.

Support for Services is only available in English. All requests for assistance must be submitted via email to play@quboo.io. Quboo makes no warranties regarding any response times or results for any support it may offer, which shall be provided at its sole discretion.

You understand and agree that Quboo and the Quboo Website may use any third-party vendors and hosting partners of its choice to provide hardware, software, networking, storage, and related technology support or assistance as it deems useful to provide any Services.

You are not authorized to modify, adapt, reverse engineer, or hack any Quboo software or Services or modify the Website or any other Quboo website.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of any Services, or use any Services outside the permitted scope of this Agreement. Nor shall you provide access to any Services on a commercial basis, without the express prior written permission of Quboo.

Quboo may (but has no obligation to) remove Accounts, Organizations or other materials containing content that it determines (in its sole discretion) to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or which it believes may violate any intellectual property rights or this Agreement.

Verbal, physical, written or other abuse (including threats of abuse or retribution) against any Quboo customer, employee, consultant, subcontractor, director, officer or other user may result in immediate Account suspension or termination, at Quboo’s sole discretion.

You understand that the technical processing and transmission of any data as part of any Services, including any content you provide, may be transferred unencrypted and may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Quboo expects any users who are using a free Account to use it in a reasonable manner, consume only what they really need for their own purposes, and comply with basic rules of etiquette (e.g., refreshing data a reasonable number of times), as determined by Quboo at its sole discretion.

You must not transmit any code of a destructive nature or which could be detrimental to Quboo or any other users of the Services.

If your bandwidth usage significantly exceeds the average bandwidth usage of other Accounts or you make unreasonable use of any Services (as determined by Quboo at its sole discretion), Quboo reserves the right to immediately disable or suspend your Account until you reduce your bandwidth consumption or return to a more reasonable level of use.

As stated above, in the opening paragraphs of this Agreement, Quboo does not warrant that: (i) any Services will meet any specific requirements, (ii) any Services will be uninterrupted, timely, secure, or error-free, (iii) any results that may be obtained from the use of any Services will be accurate or reliable, (iv) the quality of any products, services, information, or other materials purchased or obtained by you through or using any Services will meet your expectations, or (v) any errors in any Services will be corrected.

You expressly understand and agree that Quboo shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Quboo has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use any Services; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from any Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party regarding any Services; or (v) any other matter relating to any Services.

10. Governing law and Dispute Resolution

This Agreement is governed by and construed in accordance with the Spanish law.

The seat of any mediation or arbitration regarding any dispute or claim regarding this agreement shall be Malaga, Spain. The language to be used in any such proceedings shall be Spanish. The dispute, controversy or claim referred to arbitration shall be decided in accordance with Spanish law.

11. Miscellaneous

This Agreement constitutes the entire agreement between you and Quboo for opening any Account or for using any Services via the Website. It governs all uses you may make of your Account or any Services you may use after having created or accessed them. This Agreement cancels and supersedes all prior oral or written communications, proposals, conditions, representations or warranties, and prevails over any conflicting or additional terms mentioned in any price quotations, purchase orders, acknowledgments or other communications between the parties.

The opening disclaimers at the beginning of this Agreement form part of this Agreement, are binding and take precedence when interpreting or construing any provisions of this Agreement.

Any questions about this Agreement should be sent to contact@quboo.io. Quboo shall have sole discretion as whether, how and when it shall respond to any such questions.

The failure of Quboo to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of any such rights or provisions.

The English language version of this Agreement is the only valid version. Translations into other languages are not legally binding.

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