Terms of ServiceLast modified: September 17, 2018.
This platform serves both as Ubient's website and a support platform (together referred to as the "service"). Ubient ("we", "us" or "our") agrees to furnish services to the User (the "Customer", "you" or "your"), subject to the following Terms of Service.
Use of Ubient's service constitutes acceptance and agreement to Ubient's Terms of Service.
Please read these terms carefully before accessing or using the service. By accessing or using any part of our service, you agree to become bound by the Terms and Conditions of this agreement, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree to all the Terms and Conditions, then you may not access the service.
1. Use of Service
You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of The Netherlands.
In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process.
You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify Ubient of any unauthorized use of your account or any other breach of security.
Ubient will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
2. Acceptable Conduct
You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using our service. You will not engage in any activity that interferes with or disrupts Ubient's services or connected networks.
3. Prohibited Usage
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension and the possibility that Ubient will pursue civil remedies without providing advance notice. If in doubt, always contact us first.
- Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access.
- Any act which interferes with the services of another user or network.
- Any act relating to the circumvention of security measures.
This website and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of The Netherlands or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Content associated with content of an adult or pornographic nature, forgery, identity theft, wire fraud, money laundering, or terrorist activities is also prohibited. Ubient's services may not be used to facilitate infringement of these laws in any way.
Other activities such as engaging in illegal activities or engaging in activities harmful to the operations of Ubient or Ubient's customers is also viewed as Illegal or Harmful.
4. Support Boundaries
Ubient provides technical support to it's customers via our online support system and via email. Ubient makes no guarantees about responsiveness, however, we aim to respond within 48 hours to all issues, with priority given to customers with an active Service Level Agreement.
5. Account Cancellation Or Suspension
Ubient will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. Ubient reserves the right to terminate service without notice. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity.
If at any time it becomes necessary for Ubient to cancel a customer's service without cause, Ubient will provide 14 days advance notice.
You may cancel your account at any time by using the "Delete Account" link located on the "Profile" tab of our service. Accounts are canceled immediately after confirmation. Cancellation of service does not relieve the user of responsibility for all prior activity.
6. Disclosure To Law Enforcement
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, the user agrees that Ubient may disclose any and all user information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the user. In addition, Ubient shall have the right to terminate all service set forth in this Agreement.
The user is solely responsible for maintaining the security of their account, content, or otherwise. Ubient will not be held liable for bugs or errors, security related, or otherwise.
If you find a vulnerability, please report it to us immediately at [email protected]. We ask that you do not publicly share the issue until it has been resolved.
8. Warranty Disclaimer
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
- Which users gain access to the services;
- What content you access via the services;
- How you may interpret or use the content.
You release us from all liability for you having acquired or not acquired content through the services. We make no representations concerning any content contained in or accessed through the services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content contained in or accessed through the services.
THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, CONTRACTORS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
9. Limitation Of Liability
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, DATA THEFT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), EVEN IF UBIENT HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. USER ACKNOWLEDGES THAT UBIENT WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. USER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST UBIENT ARISING OUT OF USER'S USE OF THE SERVICES, OR ANY CONDUCT OF UBIENT’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.
Ubient wishes to emphasize that in agreeing to the Ubient's Terms of Service, customer indemnifies Ubient for any violation of the Terms of Service that results in loss to Ubient or the bringing of any claim against Ubient by any third-party. This means that if Ubient is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Ubient, plus all costs and reasonable attorney's fees.
Ubient reserves the right, at its sole discretion, to modify or replace any part of this agreement, further notice to you and this will be reflected by a "last modified" date above. It is your responsibility to check this agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this agreement constitutes acceptance of those changes.
You agree that Ubient may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Ubient services. Ubient reserves the right at any time modify or discontinue, temporarily or permanently, the service with or without notice.
12. Entire Agreement
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Ubient and govern your use of Ubient's services, superseding any prior agreements between you and Ubient for the use of Ubient's services.
13. Choice Of Law And Forum
The Terms of Service and the relationship between you and Ubient shall be governed by the laws of The Netherlands without regard to its conflict of law provisions. You and Ubient agree to submit to the personal and exclusive jurisdiction of the courts located within The Netherlands.
14. Waiver And Severability Of Terms
The failure of Ubient to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
15. Statute Of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Ubient services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. If you have any concerns about what we need a specific piece of data for, feel free to contact us.