Terms of Service

1. Subject of this Agreement

1.1 Qubits is an internet blockchain-based, cross platform service for the secure exchange of messages between users.

1.2 The Application is licensed, not sold, to you by Qubits for use strictly in accordance with the terms of this Agreement.

2. Scope

2.1 These Terms of Service govern the contractual relationship between Qubits Network as the Provider of the “Qubits Network” service (hereafter “Qubits” or “Provider”), and the customer of the Service (individual or organisation), hereafter the “Customer”.

2.2 These Terms of Service apply to all rights and obligations of the contractual parties in the framework of using the service “Qubits Network”.

2.3 Different agreements on specific provisions shall be invalid unless agreed upon in writing.

3. License to use the products

3.1. Qubits grants the Customer a non-exclusive, non-transferable and revocable licence to use the Service and the necessary software (hereafter the “App”) under the purpose of this contact for the duration of this agreement in accordance with the terms and conditions laid forth here.

3.2. For the use of the Service the Customer acquires rights of access. A valid right of access is required for each user of the service. The corresponding access credentials provided using QBT token will be handed over to the user either as individual credentials or organisation credentials.

4. Customer Obligations

4.1 The Customer is responsible for use of the Service by its users (employees, partners, etc.) and will comply with all laws and regulations, if any.

4.2 The Customer takes particularly good care of the confidentiality of access credentials, passwords, etc. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party.

4.3 The Customer will prevent unauthorised use of the Service and promptly notify Qubits of any unauthorised use or access.

4.4 The Customer shall indemnify the Provider against any third party claims that are made due to violation of the rights of the third party on the part of the Customer or due to culpable legal infringements or breaches of contract on the part of the Customer against the Provider.

5. Provider’s Services

5.1 The Provider shall deliver their Service according to the current state of the art.

5.2 In particular, the Provider shall endeavour to deliver all messages interfaced through him without delay.

5.3 The Provider may update the Products from time to time. New functions may be introduced and existing functions may be replaced by new ones or removed from the system.

5.4 The Application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Qubits, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application. Without limitation to the foregoing, Qubits provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

5.5 In the event of a culpable violation of provisions of law or these Terms of Service by a user or third party attributable to the Customer, the Provider is entitled to temporarily block the Services, either in whole or in part.

6. Fees & Payment

6.1 The payment of user fees is to be made in advance.

6.2 To pay your subscription you should choose a subscription plan for preferred period in your Account settings. The Provider reserves the right to adjust said fees and/or tariff levels at any time as per any changing conditions.

6.3. Fees are non-refundable except as required by law.
The Customer is responsible for providing all necessary information for the billing. Qubits may suspend or terminate the Services if fees are past due.

6.4 The Customer is responsible for all taxes. Qubits will charge tax when required to do so by law.

7. Term and Termination

7.1 The contract is effective for the provided period, and shall be extended only on request by the Customer.

7.2 Both parties can terminate the agreement at least 30 days prior to the expiration of the contract period.

7.3 In the event of premature termination of the contract, any payments made within the scope of this contract are non refundable.

8. Data Protection & Security

8.1 Personal data collected in connection with the Use of the Service will be processed exclusively in accordance with the applicable legal regulations, EU Regulation 2016/679 (GDPR), and pursuant to our Privacy Policies.

8.2 The Provider shall process the data in accordance with the relevant legislation. Messages are exclusively stored in encrypted form and deleted immediately after delivery.

8.3 The Customer obliges to fully comply with the legal provisions related to the handling of personal data.

9. Liability and limitation of liability

9.1 The delivery of direct messages to mobile devices may be delayed or prevented by circumstances that are beyond the control of the Provider. These include (but are not limited to): no reception, no connection to the Internet or Service, Internet interferences of any kind (routing, DNS, etc.), hardware or software failures of mobile and network devices, DDoS attacks.

9.2 Under no circumstances can the Provider be held liable for damages to Customers or third parties arising from the use or inability to use the Service or the software. Any claims for damages (of all kind) are hereby expressly excluded.

10. General

10.1 The Provider reserves the right, at its sole discretion, to modify or replace this Agreement and Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Application

10.2 If one or more provisions of these Terms of Service are invalid, the validity of the entire Agreement shall not be affected. The invalid provision shall be replaced by the relevant statutory provision.