Last Updated: 09/06/2023
Welcome to iqubelab.com (“Website” “web-app”, “we”, “us” or “our”). These Terms of Service (“Terms”) govern your use of our web-based software and services provided by iqubelab.com. By accessing or using our Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Service.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.
Unless you opt out of arbitration within 30 days of the date you first agree to these terms as specified in the “Arbitration” section below, and except for certain types of disputes described in the “Arbitration” section below, you agree that (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis, and (3) you may not be able to have any claims you have against us resolved by a jury or in a court of law.
Iqubelab.com offers web-based software to help users train spatial skills and other abilities. The Service may be accessed through our Websites or other platforms or devices as designated by us.
Access and Use of the Service
By using our services, you agree with the following points:
- Your Registration Obligations:
- Register with our platforms to access and use certain features of the Service.
- Provide and maintain true, accurate, current, and complete information.
- Users under 18 years old need parental or guardian approval.
- Member Account, Password, and Security:
- Maintain the confidentiality of your password and account.
- You are Responsible for all activities that occur under your account.
- Notify us immediately of any unauthorized use or breach of security.
- We may monitor and log into your account for security and legal purposes.
- We will not be liable for any loss or damage arising from your failure to comply with this Section.
- Modifications to Service:
- We reserve the right to modify or discontinue the Services (or any part thereof), temporarily or permanently, with or without notice.
- You agree we shall not be liable for any modification, suspension, or discontinuance of the Service.
- General Practices Regarding Use and Storage:
- We may establish general practices and limits for Service usage.
- We are not responsible for the deletion or failure to store data or content.
- Inactive accounts may be terminated.
- We can change these practices and limits at any time.
- Mobile Services:
- The Service includes services accessible via mobile devices.
- Your wireless service carrier’s charges and fees may apply. We are not responsible nor shall not be liable for any external charges or fees incurred by you as a result of using our service.
- Some Mobile Services may be restricted by your carrier.
Conditions of Use
- You are solely responsible for all content that you upload, post, publish, display, email, transmit, or use via the Service.
- You agree to not use the Service to Post, email or otherwise transmit any Content that is prohibited.
- Prohibited content includes illegal, harmful, threatening, abusive, defamatory, vulgar, obscene, and hateful material.
- You must have the right to transmit the content and not infringe any intellectual property rights.
- Unauthorized advertising, spam, and solicitation are not allowed.
- No transmission of software viruses or disruptive computer code.
- Impersonation, soliciting personal information from minors, and unauthorized data collection are prohibited.
- Interference with the Service or violation of laws and regulations is not permitted.
- Promotion of criminal activities or accessing unauthorized materials is prohibited.
- We reserve the right to take legal action against users who violate any of our provisions or terms of service.
Fees and Payments
Payment Terms: IQubelab offers Paid Subscriptions for certain premium versions, features and/or functionality of the Services. By signing up for and using the Paid Subscriptions, you agree to pay any fees or other incurred charges that apply to the Paid Subscriptions. You must provide complete and accurate information about your preferred payment method. All fees due for the Paid Subscriptions are payable in advance and will be billed automatically to the Payment Method. Paid Subscriptions will auto-renew until you elect to cancel your access to Paid Subscriptions. All purchases of Paid Subscriptions are final and non-refundable.
Termination or Cancellation of Paid Subscriptions: You can manage your subscription or cancel it. If you do not pay the fees or charges due for your use of the Paid Subscriptions, IQubelab reserves the right to disable or terminate your access to the Paid Subscriptions.
Lifetime Subscription Terms and Conditions: If you purchase a lifetime subscription to a component of the Service, you are entitled to access such components for as long as they are offered and supported by us. The Lifetime Subscription applies only to such components of the Service defined in the applicable Order and does not extend to any future services that may be developed. Lifetime Subscriptions are intended for private, non-commercial use only. You may not assign, transfer or resell Lifetime Subscriptions. We reserve the right to revise the terms or make changes to the Lifetime Subscription. Once you have purchased a Lifetime Subscription, your membership will last until the earlier of 99 years or for as long as we continue to offer the components of the Service for which you have purchased a Lifetime Subscription. By purchasing a Lifetime Subscription, you acknowledge and consent to the possibility that the components of the Services associated with your Lifetime Subscription may be subject to alteration or termination in the future.
Fee Changes: IQubelab may change its prices for Paid Subscriptions at any time. IQubelab will give you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Subscription and/or by sending you an email notification. If you do not wish to pay the new prices, you can cancel the applicable Paid Subscription prior to the change going into effect.
Discount, Coupon or Gift Codes: If you have received a discount, coupon or gift code to a Paid Subscription, it can only be applied when subscribing to Paid Subscriptions and to accounts not already subscribed to Paid Subscriptions. Discount, coupon and gift codes cannot be combined with any other cash-off price, sales, promotion or coupon. A payment method may be required to redeem a discount or coupon code. It is your responsibility to use a discount, coupon or gift code before it expires and to terminate the Paid Subscription before the end of a free or discounted period if you do not want to continue with a Paid Subscription at the regular price. IQubelab reserves the right to cancel discounts and coupon promotions at any time.
Free Trials: IQubelab sometimes offers free trials of its Paid Subscriptions. A Free Trial provides you access to the Paid Subscriptions for a period of time specified when you sign up for the offer. In order to sign up for a Free Trial, you may need to provide your preferred Payment Method. Your Free Trial will begin as soon as you submit your payment details and you will not be charged until 24 hours prior to the Free Trial expiry.
Unless you elect to terminate your Free Trial at least 24 hours prior to its conclusion, or unless otherwise specified, your access to the Paid Subscription shall automatically persist and the corresponding fees shall be charged to the Payment Method you have furnished.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge that the Service may contain content protected by intellectual property rights. Except as expressly authorized by us, you agree not to modify, copy, distribute or create derivative works based on the Service or the Service Content. Any use of the Site or the Service Content other than as specifically authorized is strictly prohibited. The technology and software underlying the Service is our property. You agree not to copy, modify or reverse engineer the Software. Any rights not expressly granted are reserved by IQubelab.
The IQubelab name and logos are trademarks of ours. Other company, product, and service names and logos used via the Service may be trademarks of their respective owners. Nothing in these Terms of Service should be construed as granting any license or right to use any of our trademarks without prior written permission.
Third Party Material: we will not be liable for any Content posted by third parties or at the direction of users. You acknowledge that we do not pre-screen Content but reserve the right to refuse or remove any Content available via the Service. You agree that you must evaluate and bear all risks associated with the use of any Content.
Copyright Complaints: we respect the intellectual property of others and ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, you should notify us of your infringement claim. We will process and investigate notices of alleged infringement and take appropriate actions under applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to us.
Counter-Notice: If you believe that your User Content that was removed is not infringing, or that you have authorization to upload and use the Content in your User Content, you may send a written counter-notice to us. If a counter-notice is received by us, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days.
Repeat Infringer Policy: In accordance with applicable law, we have adopted a policy of terminating users who are deemed to be repeat infringers. We may also limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others.
Third Party Websites
The Service may provide links or access to other sites and resources on the Internet. IQubelab has no control over such sites and resources and is not responsible for them. IQubelab shall not be responsible or liable for any damage or loss caused by or in connection with use of or reliance on any Content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party and IQubelab is not liable for any loss or claim that you may have against any such third party.
Third Party Services
The integration of various online services into the IQubelab experience is possible. By enabling third-party services within the IQubelab Service, you grant IQubelab permission to transmit your log-in information to the respective service providers. The policies of such third parties solely govern the usage, storage, and disclosure of your information by third-party services, and IQubelab shall bear no liability or responsibility for their privacy practices or other actions.
IQubelab does not assume responsibility for the accuracy, availability, or reliability of any information, Content, goods, data, opinions, advice or statements made available in connection with third-party services. Consequently, IQubelab shall not be held liable for any damages or losses incurred as a result of utilizing or relying upon any such third-party service. The inclusion of these features by IQubelab is solely for the purpose of convenience and does not constitute an endorsement or recommendation.
Indemnity and Release
Indemnity and Release: You consent to release, indemnify, and hold us harmless, our affiliates, officers, employees, directors, and agents from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a resident of California, you waive California Civil Code Section 1542. If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE SERVICE.
All disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted in accordance with Polish law. Unless otherwise agreed by the parties, arbitration will be held in Poland. The arbitration must commence within the time frame specified by Polish law from the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award shall be made and delivered within the time frame specified by Polish law from the conclusion of the arbitration. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses incurred by the other party in enforcing the award. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction in Poland.
You acknowledge that IQubelab may, at its sole discretion, suspend or terminate your account or use of the Service for any reason, including lack of use or violation of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. IQubelab may discontinue providing the Service at any time without notice. You agree that any termination of your access to the Service may be effected without prior notice and that IQubelab may deactivate or delete your account and all related information and files. IQubelab shall not be liable to you or any third-party for any termination of your access to the Service.
You are solely responsible for your interactions with other users of the Service and IQubelab will have no liability or responsibility with respect thereto. IQubelab reserves the right, but has no obligation, to become involved in disputes between you and other users.
These Terms of Service constitute the entire agreement between you and IQubelab and govern your use of the Service. These Terms of Service shall be governed by Polish law. The failure of IQubelab to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision is found invalid by a court of competent jurisdiction, the parties agree that the court should endeavor to give effect to the parties’ intentions and the other provisions remain in full force and effect. You agree that any claim arising out of or related to use of the Service must be filed within one year after such claim arose. You may not assign this Terms of Service without IQubelab’s prior written consent, but IQubelab may assign it without restriction. Notices to you may be made via email or regular mail.
Should you wish to report any transgressions of these Terms of Service or seek clarification regarding these Terms of Service or the Service, kindly direct your inquiries to email@example.com.