TERMS OF SERVICE
Last updated on September 30, 2023
Please read these Terms of Service carefully before accessing or using our website. Throughout the site and other platforms (the "Site" and the "Services"), the terms “we”, “us” and “our” refer to Kube4Sure. Kube4Sure offers this website and the applications, including all information, tools and services available from us. By accessing or using any part of the site and services, you agree to be bound by these Terms of Service (“Terms”, “Terms and Conditions”).
These Terms of Service apply to all users of the site and the services. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
SECTION 1 - GENERAL TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 - REGISTRATION & LICENSE ACCOUNT
Certain of the Services or portions of the Site may require you to register for a License, becoming a "Registered User". As part of the License creation process, you may be asked to provide an email unique to the Account ("Login Information"). You are responsible for the confidentiality and use of your Login Information and agree not to transfer or disclose your Login Information to any third party other than an individual with express authority to act on your behalf. If you suspect any unauthorized use of your Account, you agree to notify us immediately. You are solely responsible for any activities occurring under your Account. You have no ownership right to your Account. If you are registering an Account on behalf of an organization under an agreement between us and another organization, that organization may have administrator rights to access your account and any information provided under your Account. If the terms of your Account or subscription grant access to the Services to a certain number of persons (each an "Authorized User"), you represent and warrant that only Authorized Users shall have access to the Services. These Terms will apply to each Authorized User, and a breach of these Terms by an Authorized User will entitle us to terminate your Account with no refund due to you for any prepaid subscription fees.
SECTION 3 - PERMITTED USES/LICENSE
You are authorized to access the Site for the sole purpose of viewing and using the Services on your computer or device. You may not, and shall not permit any other person, to: copy the Services, in whole or in part; (a) modify, correct, adapt, translate, enhance or otherwise prepare derivative works or improvements of any Services; (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services to any person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service; (c) reverse engineer, disassemble, decompile, decode or adapt the Services, or otherwise attempt to derive or gain access to the source code of the Services, in whole or in part; (d) bypass or breach any security device or protection used for or contained in the Services or documentation therefor ("Documentation"); (e) remove, delete, efface, alter, obscure, translate, combine, supplement or otherwise change any trademarks, terms of the Documentation, warranties, disclaimers, or intellectual property rights, proprietary rights or other symbols, notices, marks or serial numbers on or relating to any copy of the Services or Documentation; (f) use the Services in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any person or entity, or that violates any applicable law; (g) use the Services for any purpose that is to our detriment or commercial disadvantage, including, but not limited to, developing a competing software product or service; or (h) use the Services other than for the permitted uses or in any manner or for any purpose or application not expressly permitted by these Terms.
SECTION 4 - USE OF THE SERVICES
Some of the Services may be used to develop, manage, and support databases ("Databases"). You may only use the Services to develop, manage, and support Databases that you control or which you have been legally granted access to. You acknowledge and agree that your use of the Services can affect your Databases, and you accept sole responsibility for any errors, malfunctions, or corruption of any Databases caused by your use of the Services. You are responsible for securing and backing up your Databases and any other User Content (as hereinafter defined) you post to the Services; as such, we have no responsibility or liability for the deletion of or failure to store any User Content on the Services.
SECTION 5 - THIRD PARTY SITES
The Site may contain links to websites we do not operate, control, or maintain ("Third Party Websites"). We do not endorse any Third Party Websites, and we make no representation or warranty in any respect regarding the Third Party Websites. Any links to Third Party Websites on the Site are provided solely for your convenience. If you do access any Third Party Websites, you do so at your own risk and waive any and all claims against us regarding the Third Party Websites or our links thereto.
SECTION 6 - USER CONTENT GENERALLY
When you post content and information to the Site or in connection with the Services ("User Content", but the term User Content excludes data you create using the Services and any database query code written by you to be used with the Services, as you will retain rights to such data), you represent and warrant to us that (1) you own or have rights to use the User Content, (2) the posting of the User Content does not violate any rights of any person or entity, and (3) you have no agreement with or obligations to any third party that would prohibit your use of the Site or Services in the manner so used. You agree to pay all royalties, fees, and any other monies owing to any person or entity by reason of any User Content posted by you to the Site or through the Services. By posting User Content, you give us and our affiliates the right to use and display such User Content in such manner as is necessary to provide the Services to you; provided that this right shall not give us any ownership or other rights in the User Content. Please note that if you provide us with feedback or suggestions regarding the Site or the Services, you grant us an unlimited, royalty-free, perpetual, sublicensable, transferable, worldwide, irrevocable license to use such suggestions or feedback without providing you with any attribution or compensation to you for the same.
SECTION 7 - USER CONDUCT
You agree not to use the Site or the Services to take any action or actions that (including with respect to any User Content): (1) are patently offensive in any manner (as determined in our sole discretion), (2) involve commercial activities without our prior written consent, such as contests or sweepstakes, (3) are contrary to our public image, goodwill, or reputation, (4) infringe on our or any third party's intellectual property rights, (5) violate any law or any third party's legal rights, or (6) "frame" or "mirror" any part of the Site without our prior written consent.
SECTION 8 - YOUR PRIVACY
SECTION 9 - PAID SERVICES
Our order process is conducted by PayPal.com. PayPal.com is the Merchant of Record for all our orders. PayPal provides all customer service inquiries and handles returns.
SECTION 10 - COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides a complaint procedure for copyright owners who believe that website material infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/ her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give the Company legally sufficient notice of infringement. Send copyright infringement complaints to the following email address: [email protected]. We suggest that you consult your legal advisor before filing a DMCA notice with the Company's copyright agent. There can be penalties for false claims under the DMCA.
SECTION 11 - WARRANTY DISCLAIMER
You agree that the Services are available on an "as is" basis, without any warranty, and that you use the Services at your own risk. We disclaim, to the maximum extent permitted by law, any and all warranties, whether express or implied, including, without limitation, (a) warranties of merchantability or fitness for a particular purpose, (b) warranties against infringement of any third party intellectual property or proprietary rights, (c) warranties relating to delays, interruptions, errors, or omissions in the Services or on the Site, (d) warranties relating to the accuracy or correctness of data on the Services, and (e) any other warranties otherwise relating to our performance, nonperformance, or other acts or omissions. We do not warrant that the Site or the Services will operate error-free. Some jurisdictions do not allow the exclusion or limitation of certain categories of damages or implied warranties; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
SECTION 12 - LIMITATION OF LIABILITY
IN NO EVENT SHALL KUBE4SURE OR ITS SUPPLIERS, OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS TERMS OF SERVICES UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU FOR THE SERVICES AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND KUBE4SURE’S REASONABLE CONTROL.
SECTION 13 - INDEMNIFICATION
You agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, partners, agents, and employees from and against any loss, liability, claim, or demand, including reasonable attorneys' fees (collectively, "Claims"), made by any third party due to or arising out of your use of the Site and Services in violation of these Terms, any breach of the representations and warranties you make in these Terms, your User Content, or any corruption of or damage to your Databases resulting from your use of the Services. You agree to be solely responsible for defending any Claims against or suffered by us, subject to our right to participate with counsel of our own choosing.
SECTION 14 - MISCELLANEOUS
We may assign, transfer, delegate, or otherwise hypothecate our rights under these Terms in our sole discretion. If we fail to enforce a provision of these Terms, you agree that such a failure does not constitute a waiver to enforce the provision (or any other provision hereunder). If any provision of these Terms is held or made invalid, the invalidity does not affect the remainder of these Terms. We reserve all rights not expressly granted in these Terms and disclaim all implied licenses.
SECTION 15 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.
SECTION 16 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 17 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]