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Thank you for visiting our website www.theqube.live (“Our Site”), and/or your interest in using THE Qube’s virtual world, products and services, provided by WorkingBot Technologies Pvt Ltd d/b/a THE Qube(“THE Qube,” “us” “we” and “our”). By using our virtual world, products and services or using Our Site, you agree to be bound by this THE Qube End-User License Agreement (“EULA”). Please read this EULA carefully.
This EULA constitutes a binding legal contract between you and THE Qube and governs your use of all products and services as may be available to you now or in the future, whether through Our Site, our THE Qube 3D virtual world client application software, our mobile application, and/or in any other forms or media developed and/or provided by or through THE Qube (collectively with Our Site, the “Services”), and to those products as may be available to you through THE Qube’s 3D virtual world client application software for use with the Services (“Products”)
You may receive access to the Products and Services via a subscription set up by your Organization (defined below). Therefore, throughout this EULA, the term “you” and “your” means you as an individual user, and your Organization, if and when applicable.
Your use of the Services and Products is also subject to THE Qube End-User Privacy Policy (“Privacy Policy”), accessible at the following URL: www.theqube.ai/privacy-policy which covers how we collect, use, share, and store personal information of users. If you do not agree to or understand this EULA or our Privacy Policy, or any changes thereto, you are not authorized to use our Services or Products.
To be able to use THE Qube’s virtual world products, fee-based, or free-based, you need to have an account with THE Qube (“User Account”). You can subscribe to either fee-based Services, and the user account shall be in your real name only. In all cases, you agree to: (1) provide true and accurate account information, (2) choose a strong and secure password; (3) keep your password secure and confidential; (4) not transfer, or attempt to transfer, your User Account or any registration or subscription thereunder, to any other party; (5) promptly report any breach of password confidentiality to THE Qube; and (6) cancel and close your User Account when you will no longer continue using it. THE Qube reserves the right to terminate or suspend your User Account upon reasonable belief that fraud or unauthorized activity has occurred on your User Account.
If your access to the Services as an individual user is through subscription by your organization, as an employee, contracted employee or student, then the subscribing party or organization has the right to access your information with respect to the Services and control your access to the Services, and shall receive without any limitation thereof, all reports concerning your individual user account (if at all available, at THE Qube’s sole discretion), including, any and all data, information, or material uploaded, provided, or shared using that aspect of the Services, and including information regarding your activity using that aspect of the Services.
The use of THE Qube’s Services requires hardware, software and internet access, which shall be solely the responsibility of the user. The performance of the Services may be affected by these third-party components, to which THE Qube bears no responsibility whatsoever, regarding their functionality, connectivity and performance, with regards to the Products and Services.
THE Qube reserves the right and responsibility to revise the terms and conditions of the EULA and our Privacy Policy, at our sole discretion by updating them on Our Site and THE Qube 3D Virtual World, the effective dates of which shall be duly specified. It is the responsibility of the user to be updated with these revisions by regularly visiting Our Site. Should the user choose to accept these revisions, the user shall discontinue the Services forthwith. We reserve the right to modify, update, disable, suspend, or remove portions of the Products and Services at any time without prior notice to you.
By using the Products and Services, you confirm that you are at least eighteen (18) years of age or are at least of ten (10) years of age and in the supervision of someone who is at least eighteen (18) years of age, or an emancipated minor and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this EULA, and to abide by and comply with this EULA.
Subject to your continuing compliance with this EULA, THE Qube hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) install the Products for use in connection with the Services, and (b) use the Services.
For any fee-based Service you subscribe, you shall be notified of the order and applicable fees and payment modes through our Services online, or any other mode determined by THE Qube. If you pay through credit/debit card, you will provide THE Qube with personal information (as defined in our Privacy Policy) required to process the transaction successfully (“Transaction Information”). You authorize THE Qube to retain and/or share your Transaction Information with third party financial institutions and payment processing firms, in accordance THE Qube Privacy Policy, for the sole purpose of processing your payments for the fee-based aspect of the Services to which you have subscribed. All Transaction Information shall be updated by the user regularly to ensure accuracy.
Unless otherwise agreed upon in a separate agreement with you, THE Qube, in its sole discretion, shall determine the fees it will charge for any aspect of the Products or Services and payment terms, and THE Qube may, upon providing thirty (30) days prior written notice to you through the Services, or otherwise by email, amend such fees and/or payment terms applicable to the Products or Services. If you do not agree to any such fee and/or payment term changes, you may terminate this Agreement or cancel the aspect of Services, as applicable as provided herein within such thirty (30) day period; otherwise all such changes shall thereafter be effective with respect to your User Account, and you agree that THE Qube is authorized to charge your credit card for any such new fees applicable to the aspect of Services to which you have subscribed, on the next monthly, or other periodic payment cycle, as applicable.
For every fee-based Service you subscribe to, you agree to pay the appropriate taxes and in addition to the applicable subscription fee. Failure to pay the appropriate taxes shall result in suspension or termination of the Services, and the possible referral of your User Account to a debt collection agency, which reserves the full right to take legal action, if necessary.
The following termination and non-renewal provisions shall be applicable
(i) By you: You have the right to terminate your User Account for any reason, which you can do by providing THE Qube with a written notice. Your Services shall continue until the end of the billing cycle. THE Qube shall not refund any fee in respect of the fee-based Service and/or any paid User Account that shall be terminated.
(ii) By us – without notice. THE Qube may terminate, restrict, or suspend your User Account, at any time and without notice, if we believe that the Services or Products are being used as follows: (i) in violation of applicable law, (ii) in any way harmful to other users, or (iii) in violation of the terms of this EULA, our Privacy Policy, or any other term or policy incorporated by reference into this EULA. THE Qube will not issue refunds for any paid User Account we terminate for the foregoing reasons.
(iii) Our Right to Not Renew: We reserve the right to not renew any User Account or Organization Subscription, should the user violate the terms of the EULA and Terms of Service.
Except otherwise explicitly set forth in the EULA, all notices from THE Qube to you under the EULA will be in writing sent by email or through the Services (e.g., a THE Qube notification published in your User Account or displayed in an online session). All notices from you to THE Qube shall be emailed to crm@theqube.ai, except for legal notices, such as notices regarding copyright infringement assertions, which shall be sent to admin@theqube.ai, Notices will be deemed to have been duly given (a) the day after it is sent, in the case of notices through email; and (b) the same day, in the case of notices through the Services
Our Services allow sharing of information in many ways, and any information and content that you share or post (your “User Generated Content”) may be seen by others. Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to THE Qube connections, restricting your profile visibility from search engines, or opting not to notify others of your THE Qube profile update). We are not obligated to publish any User Generated Content on our Services and reserve the right to remove any User Generated Content deemed to be objectionable or in violation of this Agreement, in THE Qube’s sole discretion.
As between you and THE Qube, you own the User Generated Content that you submit or post to the Services, and you are only granting THE Qube, and our affiliates and licensees, the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, and sublicense to our affiliates any User Generated Content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others, solely in order to provide the Services to you. You can remove User Generated Content from the Services by deleting it or by closing your User Account, except (a) to the extent you shared it with others as part of the Services and they copied, re-shared it or stored it and (b) for the reasonable time it takes us to remove from backup and other systems.
THE Qube and its licensors own all rights, title and interest in the Products and Services, including all copyright, trademark, trade secret and patent rights, and duly reserves all such intellectual property rights. By using our Products, the user is not entitled to ownership in our Products and Services, or any such content and information made available to the user through them. The user is only permitted to use the Products and Services accounted for and authorized by the terms of the Agreement. Any trademarks and logos used in our Products and Services are the property of the respective owners. THE Qube and all its trademarks, logos, service marks and graphics used for our Services are registered trademarks of THE Qube. You and/or your organization are prohibited from using THE Qube’s trademarks without our prior consent.
We reserve the right to change and/or discontinue any Service subject to this EULA. THE Qube does not store any data and you explicitly agree that we are not obligated to store, process, maintain or provide you a copy of any User Generated Content provided by you and others through our Products and Services, except to the extent determined and required by law, which has been noted in our Privacy Policy.
Others persons or entities may offer their own content, products, and services through our Services, and we are not responsible for that third-party content, products, or services. Your use of such third-party content, products, or services shared through our Services, is at your own risk. THE Qube generally does not review and is not responsible for third-party content, products, or services provided through our Services. You are responsible for deciding if you want to access or use third-party content, products, and services (including, without limitation, apps or sites that link from our Services, if any). Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. You should carefully read the legal terms and privacy policies of any sites or apps linked from the Services before deciding whether to use those sites or apps. You also understand that THE Qube does not, and has no obligation to, monitor, pre-screen or pre-approve, or evaluate the integrity of any third-party content, products, or services offered through our Services, but that THE Qube shall nonetheless have the right, but not the obligation, in its sole discretion, to refuse, delete or remove any third-party content, products, or services that may be offered through the Services for any reason, including without limitation a violation of applicable law or any of this EULA.
A host can record the meetings and webinars conducted through THE Qube. You are responsible for complying with all recording when using recording tools in association with our Services. Through your Agreement, you authorize to maintain a record and store all recordings of the meetings and webinars conducted through THE Qube. When a meeting or webinar is being recorded, you shall receive a notification of the same. If you object to being recorded, you can leave the meeting or webinar.
You represent and warrant that you will not use the Services and Products for any of the following purposes or activities:
You Provide You warrant and represent to THE Qube that you: (a) are authorized to consent to the terms of this EULA, (b) are not infringing the intellectual property rights or violating the privacy of third parties whenever you provide User Generated Content on or through the Services, and (c) own or are fully authorized to transmit all such User Generated Content through the Services.
You irrevocably agree to defend, indemnify, and hold harmless THE Qube, its parent company, and it’s or their shareholders, officers, directors, members, managers, employees, independent contractors, licensors, agents, subsidiaries, and affiliates (collectively, “THE Qube Parties”), jointly, severally, and in any combination, from and against any and all losses, damages, costs, liabilities, assessments, expenses (including but not limited to all fees and charges of attorneys and other professionals, and all dispute resolution costs and litigation costs), and amounts paid in settlement (singularly, a “Loss” and collectively, “Losses”) by or on behalf of any THE Qube Parties incurred in connection with any actual, threatened, pending, or completed claim, action, suit, mediation, arbitration, alternate dispute resolution process, investigation, administrative hearing, appeal, audit, or any other proceeding (collectively, “Claims”) made or brought against any THE Qube Parties (including claims by governmental entities seeking to impose penal and/or civil sanctions) alleging any of the following: (a) your breach of this EULA; (b) your breach of the Privacy Policy; (c) your violation of applicable law; (d) that your User Generated Content or your use of the Services or Products, breaches any of your representations and warranties in this EULA; (e) any inaccuracy in any of your representations or warranties in this EULA; (f) any allegations that your User Generated Content violates the proprietary rights of a third-party; and (g) your use of the Products and Services.
This Section 18 (Indemnification) is a “stand-alone” indemnification provision in that it shall neither supersede nor be subordinate to the indemnification provision set forth in THE Qube Terms of Service.
If you have a “good faith” belief that third-party content provided on THE Qube infringes your intellectual property rights, and you wish for THE Qube to consider the alleged infringing content, you should provide the following information to us: (a) identify, with specificity, your protected work that you reasonably believe is being infringed upon; (b) identify the content that you reasonably believe is infringing upon your protected work, including sufficient information to allow THE Qube to locate the alleged infringing content; (c) provide your contact information, including full name, mailing address, telephone number, and email address; (d) provide a written statement that you have a “good faith” belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; (e) provide this statement: “I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed.”; (f) provide your signature on the notification (or an electronic signature); (g) send your notification to our Designated official by e-mail to the following addresses:
YOU AGREE THAT YOUR USE OF THE PRODUCTS AND SERVICES IS AND SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE Qube (ON BEHALF OF ITSELF AND THE Qube PARTIES) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, IN CONNECTION WITH THE PRODUCTS AND SERVICES AND YOUR USE OF THE PRODUCTS AND SERVICES AND OUR SITE. THE Qube MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE PRODUCTS, SERVICES, OUR SITE, OR THE CONTENT OF ANY SITES LINKED TO OUR SITE. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. THE Qube DOES NOT WARRANT THAT THE PRODUCTS OR SERVICES WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE. YOU ACKNOWLEDGE THAT, DUE TO THE NATURE OF THE INTERNET, TRANSMISSIONS TO AND FROM THE SERVICES MAY BE INTERCEPTED BY THIRD PARTIES. THE Qube PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, AND THE Qube PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
IN NO EVENT SHALL ANY OF THE Qube PARTIES BE JOINTLY OR SEVERALLY LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY OF THE FOLLOWING: (I) ACT BEYOND THE QUBE’S CONTROL; (II) ERRORS, MISTAKES, OR INACCURACIES OF THE PRODUCTS OR SERVICES; (III) LOSSES, PERSONAL INJURY, OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE QUBE’S PRODUCTS OR SERVICES; (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF THE QUBE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCTS OR SERVICES; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCTS OR SERVICES BY ANY THIRD PARTY; AND (VII) ANY LOSSES, PERSONAL INJURY, OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR USE OF ANY THIRD-PARTY CONTENT, PRODUCTS, OR SERVICES SHARED THROUGH OUR SERVICES; WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE QUBE, OR ANY OTHER PARTY, IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE Qube PARTIES SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IT IS HEREIN SPECIFICALLY AFFIRMED THAT THE Qube PARTIES
WILL NOT BE JOINTLY OR SEVERALLY LIABLE FOR ANY CONTENT THAT IS SHARED OR
EXPRESSED WHICH IS SPECIFICALLY PROHIBITED VIDE ARTICLE 16 I.E., PROHIBITED USE
OF CONTENT ON THE Qube, WHILE USING THE “SERVICES” AND “PRODUCTS”, AS SUCH
ACTIONS OF THE USERS ARE BEYOND THE CONTROL OF THE Qube, AND CANNOT BE DEALT
WITH. HOWEVER, UPON NOTICE OR COMMUNICATION OF SUCH PROHIBITED USE OF CONTENT,
THE QUBE SHALL CONDUCT AN INQUIRY, AND TAKE ACTION WHICH IS LIMITED TO
SUSPENSION OF THE ACCOUNT OF THE USER OR USERS WHO HAVE SHARED SUCH CONTENT.
SUCH LIMITATION OF LIABILITY DOES NOT AFFECT THE AGGRIEVED USER PARTIES RIGHT
TO TAKE ACTION AS PER THE LAWS OF THE LAND AGAINST THE USER WHO HAS SHARED OR
EXPRESSED SUCH CONTENT.
If a court of competent jurisdiction determines that any provision of this EULA is invalid or unenforceable for any reason, that provision shall be severed from this EULA (in that jurisdiction only) and the remainder of the EULA will continue in full force and effect. Delay or failure to enforce or insist on strict compliance with any of the provisions of this EULA will not constitute a waiver of that or any other provision or otherwise modify this EULA. THE Qube’s waiver of any right related to this EULA must be express and in writing in order to be valid; any waiver by THE Qube on one occasion will not waive any other right, constitute a continuing waiver, or waive that right on any other occasion. You should consult with your attorney before agreeing to the terms of this EULA. Your agreement to this EULA constitutes your affirmation that you have consulted with, or have had the opportunity to consult with, your attorney regarding this EULA. Therefore, no rule of construction or interpretation that disfavours the drafting party will apply to interpretation of this EULA.
This EULA, the Privacy Policy, and any additional terms or policies for use of the Products or Services provided to you in writing by THE Qube (which terms and policies are hereby incorporated into this EULA by this reference), constitute the entire agreement between you and THE Qube with respect to the subject matter contained herein. Any action related to this EULA or the Privacy Policy, and any documents incorporated by reference herein, will be governed by, construed and enforced in accordance with the substantive and procedural laws of the State of Telangana, India (without regard to its conflict of laws provisions), and to the extent controlling, to the federal laws of India. By using the Products or Services you are agreeing to the terms of this EULA, and in doing so, you acknowledge and agree that any disputes, actions, claims or causes of action arising out of or in connection with this EULA or the Privacy Policy, and any documents incorporated by reference herein, shall be subject to the exclusive jurisdiction of the state and federal courts situated in Hyderabad, Telangana. THE Qube reserves the right to initiate litigation in any other appropriate forum as needed. This EULA and the Privacy Policy, and all documents incorporated by reference herein, have been prepared and are to be interpreted in the English (Indian) language. To the extent there is any conflict between the terms of this EULA and our Privacy Policy, one the one hand, and any additional terms or policies that are incorporated by reference herein, on the other hand, the terms of this EULA and our Privacy Policy are controlling. To the extent there is any conflict between the terms of this EULA and the terms of our Privacy Policy, the terms of our Privacy Policy are controlling.
THE Qube, from time to time, may offer classified services to some of its users, which is called Beta Testing. This means that the particular product is being tested and we are learning from the versions of various tests. These do not fall under THE Qube’s general Service Level Agreement. The access to and use of Beta versions are subject to further agreements. THE Qube makes no assertions that a Beta version shall be made available to all users and reserves the right to modify or discontinue a Beta version without any prior notice. Beta versions contain bugs, errors and other defects, and thus the use of a Beta version is solely left to your discretion and risk.
The EULA remains effective for so long as your User Account remains active, or your Organization’s subscription(s) remain active, whichever is longer. Upon expiration or termination of this EULA, the obligations which by their nature are intended to survive expiration or termination of the Agreement shall survive, including, without limitation, Sections 18 (Indemnification), 20 (Warranty Disclaimer), 21 (Limitation of Liability), 22 (Severability/Waiver/Construction), and 23 (General Provisions).
THE Qube strives to provide a positive, stimulating and safe environment for encouraging collaboration. We believe that almost all of our users will naturally contribute to promoting such an environment, but as a reminder, here are some guidelines (not intended to be comprehensive) to keep in mind.
No Bullying and/or Harassment – THE Qube allows users to speak freely on matters and people of public interest, but we strive to take action on reports of abusive, harassing, threatening, or defamatory behavior directed at individuals. Repeatedly targeting users with unwanted friend requests or messages is a form of harassment.
Do not impersonate – THE Qube requests users use their real names and account identities when using the Services. Users are prohibited from publishing the personal information of others without their consent. Claiming to be another person, creating a false presence for an organization or person, or creating multiple accounts undermines community and violates THE Qube’s EULA.
No Hateful Speech – THE Qube does not permit use of the Services to disseminate hateful speech or to incite violence of any kind. While we encourage you to challenge ideas, institutions, events, and practices, THE Qube does not permit individuals or groups to use the Services to attack others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, familial status, disability or medical condition, or other protected class.
Graphic Content – THE Qube can be a place where people turn to share their experiences and raise awareness about issues important to them. Sometimes, those experiences and issues involve graphic content that is of public interest or concern. In many instances, when people share this type of content, it is to condemn it. However, graphic images shared for sadistic effect or to celebrate or glorify violence will not be tolerated on our Services.
Nudity – THE Qube has a strict policy against the sharing of pornographic content and any explicitly sexual content. We also impose limitations on the display of nudity.
Intellectual Property – Before sharing content on THE Qube, please be sure you have the right to do so. We ask that you respect copyrights, trademarks, and other legal rights including, but not limited to, not conducting copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.
Regulated Goods – It is not permitted to complete transactions involving goods or services which violate any of the terms of this EULA, our Privacy Policy, or any other agreement you have with, or policy of, THE Qube. It is not permitted to complete transactions involving goods or services which are illegal or are regulated goods including but not limited to drugs, firearms, and human/animal anatomy or blood, on our platform.
Phishing and Spam – We take the safety of our users seriously and work to prevent attempts to compromise their privacy or security. We also ask that you respect our other users by not contacting them for commercial purposes without their consent.
Get In Touch
Please write to hello@theqube.ai or call +91 770 220 1700 if interested
