QUBINETS – GENERAL TERMS AND CONDITIONS
Applicable from: 15 July 2023
1. INTRODUCTION
1.1. These General Terms and Conditions (“GTCs”) govern the use of Qubinets platform. The GTCs
have been adopted by Dataverse GmbH, Josephsplatz 8, 90403 Nürnberg, Germany,
Commercial register AG Nürnberg/Germany, Commercial register no. HRB 40792, website:
http://wpqubinets.local, E-Mail: info@wpqubinets.local (“we” or “Dataverse”).
1.2. To access Qubinets platform, you are asked first to register by creating your one unique user
account. When creating this user account, you are given the GTCs and asked whether you
accept these or not. Only if you accept the GTCs, you may continue and complete the
registration process.
2. USER ACCOUNT
2.1. To register for Qubinets platform and create your user account, you must be at least 18 years
old and provide truthful information about yourself. You are also asked to keep this
information accurate and update it when necessary. Note that we are under no duty to
independently verify your user information and are asking only for a minimal set of
information to open your account (only necessary information).
2.2. In case we suspect that your user information is false, we may decline to open your user
account or disable your existing user account. We may also ask you to provide more
information about yourself to verify the data you have given us.
2.3. Password you create for accessing your account must be kept private and confidential. Any
action made by your account will be deemed as your action. If you believe that your account
has been compromised, you should immediately notify us. We may not protect you or your
data from the password misuse.
2.4. In case of corporate organizations, they may create accounts for their employees or partners.
If you are such employee and partner, note that your account has been assigned to you by
your administrator (person selected by your employer or other principal). In such case, your
administrator may be able to access or amend your user account but also to disable your user
account without our involvement. In such case all the rights and duties from these GTCs are
between us and such employer / principal.
3. QUBINETS PLATFORM
3.1. By creating an account on Qubinets platform, you receive a time limited access to the
Qubinets platform and may use the Qubinets platform in line with these GTCs.
3.2. Qubinets platform is a collaborative platform to build a no-code data infrastructure with
autonomic support for whole lifecycle. We are still developing Qubinets platform. New
features and options are constantly being added and the platform changes. Additionally, some
items and processes may change in case we identified room for additional improvement. We
will try to keep you regularly posted about these changes. WE MAKE NO (SPECIFIC) PROMISES
ABOUT QUBINETS PLATFORM, ITS FUNCTIONALITIES OR RESULT OF ITS PROCESSING
ACTIVITIES. WE PROVIDE QUBINETS PLATFORM AS IS AND THAT CHANGES FROM TIME TO
TIME AS WE MODIFY AND UPGRADE THE PLATFORM.
3.3. The platform has many options and features, some of which depend on your subscription
model. We may implement or change the subscription model at any time (including start to
charge items and functionalities that were initially free) and if you disagree, you can stop using
the platform at any time.
4. USER DATA
4.1. Any data you process via our Qubinets platform remains your ownership. We will not create
any copies thereof. Your data remains on your cloud accounts / local storage (as applicable).
We are not hosting or otherwise storing your data. Any changes you do to your data structure
via Qubinets platform will have effect on your cloud accounts / local storage (as applicable)
i.e. the actual location of your data. Be mindful that these changes may result in higher
storage requirements, in higher costs of your hosting (cloud) services.
4.2. You are storing keys to your cloud accounts / local storage on Qubinets platform to be able to
use the platform i.e. structure your data via the platform. You should therefore consider
taking appropriate security measures to mitigate any risks from such use. NOTE THAT WE
MAKE NO (SPECIFIC) PROMISES ABOUT SECURITY OF QUBINETS PLATFORM. THERE IS NO
SUCH THING AS PERFECTLY SECURE.
4.3. Qubinets platform allows you to create personal access tokens with restricted (access) policies
and restricted allowed sized limits. These tools are helpful in reducing any negative effects
from potential security incidents.
4.4. Once your user account is terminated, you will lose the access to the Qubinets platform and
its functionalities. We will also delete any access keys you might have stored in our platform
(keys to your cloud accounts / local storage).
4.5. When using Qubinets platform to manage your data, you state and warranty the following:
4.5.1. That you have lawfully collected this data and may use / process this data in this
manner;
4.5.2. That this processing will not infringe any third party intellectual property or other
rights;
4.5.3. That this data does not include any illegal content (content deemed illegal from
German law perspective);
4.5.4. That processing this data will not be used for any illegal activities or to achieve
any illegal goals (activities or goals deemed illegal from German law perspective).
4.6. You accept to remain fully responsible for any data or other content you manage via Qubinets
platform and to compensate us fully for any loss or damages we may suffer as a result of you
breaching the above statements and warranties.
5. INTELLECTUAL PROPERTY AND NO COMPETE
5.1. We reserve all the rights to the Qubinets platform and to the Qubinets trademark. You only
receive a time limited access to the Qubinets platform. Access to the Qubinets platform may
be used solely in line with its purpose and goals.
5.2. You are not allowed to explore the functionalities and other principles of the Qubinets
platform to try to recreate (reverse-engineer) any part thereof. By creating Qubinets account
you confirm that you will refrain from such activities during a period in which you have such
account. Having that in mind, by creating Qubinets account you confirm your genuine interest
for this product (service) and also confirm that you are not competitor of Qubinets i.e. that
you have no similar product or service and are not in the process of creating any similar
product or service.
5.3. You may give us suggestions or report problems related to the platform. We may also monitor
and analyse how you use our platform. All this knowledge may be used to further modify or
upgrade the platform. Any resulting modifications or upgrades to the platform are our
exclusive property.
6. AVAILABILITY & RELIABILITY
6.1. We promise to do our best to keep the Qubinets platform available and working 24/7, 365
days per year. However, we give no warranties that this will happen and that there will be no
downtimes or errors. Furthermore, maintenance and upgrades may cause additional
downtimes and we will keep you properly posted about these scheduled events. WE GIVE NO
WARRANTIES IN RELATION TO THE AVAILABILITY OR RELIABILITY OF QUBINETS PLATFORM. WE
PROVIDE QUBINETS PLATFORM AS IS AND THAT CHANGES FROM TIME TO TIME AS WE
MODIFY AND UPGRADE THE PLATFORM.
6.2. If you notice that you cannot enter the platform or that something is not properly working, let
us know and we will try to fix this as soon as reasonably possible. Note that we have limited
maintenance and support teams and that these are operational only during working days in
regular business hours in Germany.
6.3. WE GIVE NO WARRANTIES IN RELATION TO THE AVAILABILITY OR INTEGRITY OF ANY DATA
YOU PROCESS OR CREATE VIA QUBINETS PLATFORM.
7. OUR LIABILITY
7.1. EXCEPT WHERE PROHIBITED, WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM
YOUR USE OF QUBINETS PLATFORM (DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER). THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS AND FOR LOSS OF DATA (INCLUDING LOSS OF INTEGRITY).
8. FINAL
8.1. We may amend these GTC’s at any point in time. In such case, these will apply to you only
from the moment you accepted the amended version. In case you reject amendments, we
may suspend or cancel your Qubinets account.
8.2. German (material) law applies to these GTC’s.