EULA

Qubu Software is granted to the End-User by DEVS s. r. o., a company with registration number 54580501, registered at Zochova 5, Bratislava, 811 03, Slovakia ('Licensor'). DEVS s. r. o. is registered in the Commercial register of the District court Bratislava III, Slovakia, Sec. Sro, Insert no. 161660/B, under the terms of this License Agreement.

Upon downloading the Licensed Application and any subsequent updates (as permitted by this License Agreement), the End-User acknowledges acceptance of and agrees to be bound by all terms and conditions outlined in this License Agreement. Throughout this agreement, the term 'Services' refers to the Licensed Application.

The parties to this License Agreement recognize that the Services are not party to this agreement and are exempt from any provisions or obligations concerning the Licensed Application, including warranty, liability, maintenance, and support. DEVS s. r. o., not the Services, bears sole responsibility for the Licensed Application and its content.

This License Agreement does not establish usage rules for the Licensed Application that conflict with the latest Usage Rules. DEVS s. r. o. affirms its awareness of the Usage Rules and confirms the absence of conflicts between this License Agreement and said rules.

Qubu Software, when obtained or downloaded via the Services, is licensed to the End-User under the conditions specified in this License Agreement. The Licensor retains all rights not explicitly granted to the End-User. Qubu Software is intended for use on devices compatible with it.

1. THE APPLICATION

Qubu Software ('Licensed Application') is software designed for powerful generative and collaborative AI-powered software for AEC, customised for desktop ('Devices'). It facilitates the generation and evaluation of architecture designs.

The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.). If interactions are subject to such laws, use of this Licensed Application is prohibited. The Licensed Application may not be used in violation of the Gramm-Leach-Bliley Act (GLBA).

While Licensor’s software is programmed to comply with EN 17037+A1 (2022) norm, Licensor explicitly disclaim responsibility for ensuring compliance with specific regulations.

2. SCOPE OF LICENSE

2.1 The End-User is granted a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on Devices owned or controlled by the End-User, as permitted by Usage Rules, for the duration of the active subscription period.

2.2 This license also governs any updates provided by the Licensor that replace, repair, or supplement the initial Licensed Application during the active subscription period, unless a separate license is provided for such updates.

2.3 The End-User may not share, sell, rent, lend, lease, or redistribute the Licensed Application to third parties without prior written consent from DEVS s. r. o.

2.4 Reverse engineering, translation, disassembly, integration, decompilation, modification, creation of derivative works, or attempts to derive the source code of the Licensed Application are prohibited without prior written consent from DEVS s. r. o.

2.5 Copying or altering the Licensed Application is restricted, except as expressly authorized by this license and the Usage Rules.

2.6 Violations may result in prosecution and damages.

2.7 The Licensor reserves the right to modify the terms and conditions of licensing, including subscription renewal terms. The End-User will be notified in advance of any such modifications. However, in instances where notification is not feasible, the updated terms will be made available on our website. It is the responsibility of the End-User to regularly review the terms on our website.

2.8 By continuing to use the Licensed Application after being notified of the modifications and having access to the updated terms, the End-User acknowledges acceptance of and agrees to be bound by the revised terms and conditions.

2.9 Third-party terms must be observed when using the Licensed Application.

3. TECHNICAL REQUIREMENTS

3.1 The latest firmware version is recommended. Please refer to the specific product pages for a comprehensive list of all software requirements and to check for the latest updates.

3.2 The Licensor strives to update the Licensed Application to comply with modified/new firmware versions and hardware. Users have no rights to claim such updates.

3.3 End-Users are responsible for ensuring their devices meet technical specifications.

3.4 The Licensor may modify technical specifications as deemed appropriate.

4. MAINTENANCE AND SUPPORT

4.1 The Licensor is solely responsible for providing maintenance and support services. Contact details can be found in Section 11 (CONTACT INFORMATION) of this EULA

4.2 DEVS s. r. o. and the End-User acknowledge that the Services have no obligation to furnish maintenance and support services for the Licensed Application.

5. USER-GENERATED CONTRIBUTIONS

The Licensed Application does not allow users to submit content. However, the End-User may have the opportunity to create, submit, or post content and materials. Contributions must comply with the Licensed Application Privacy Policy. The End-User warrants that their Contributions meet specified criteria outlined in this License Agreement.

6. CONTRIBUTION LICENSE

The Licensor may access, store, process, and use provided information following the Privacy Policy and the End-User's choices. By submitting feedback, the End-User grants the Licensor the right to use and share such feedback without compensation.

7. LIABILITY

7.1 The Licensor's liability for violation of obligations and tort is limited to intent and gross negligence. In case of a breach of essential contractual duties, the Licensor is liable even for slight negligence, limited to foreseeable, contractually typical damages.

7.2 The Licensor is not accountable for damages caused by a breach of duties as per Section 2 of this License Agreement. Users are required to utilize backup functions to avoid data loss.

8. WARRANTY

8.1 The Licensor warrants that the Licensed Application is free of malware at the time of download and functions as described in user documentation.

8.2 No warranty is provided for the Licensed Application that is modified, handled inappropriately, combined with inappropriate hardware or software, or used in violation of DEVS s. r. o.'s instructions.

8.3 End-Users must inspect the Licensed Application promptly after installation and report discovered issues to DEVS s. r. o. as soon as possible.

8.4 If a defect is confirmed, DEVS s. r. o. may remedy the situation through defect resolution or substitute delivery.

8.5 In case of failure to conform to warranties, the Services Store Operator may refund the End-User's purchase price. The Services Store Operator has no further warranty obligations.

8.6 Claims expire after twelve months for entrepreneurs, following the availability of the Licensed Application. Statutory periods of limitation apply to consumer users.

9. PRODUCT CLAIMS

DEVS s. r. o., not the Services, is responsible for addressing claims relating to the Licensed Application, including product liability claims, legal or regulatory non-conformity claims, and claims under consumer protection or privacy legislation.

10. LEGAL COMPLIANCE

End-Users must comply with European regulations and must not be located in a country subject to an embargo or listed as supporting terrorism. End-Users must not be listed on any European government list of prohibited parties.

11. CONTACT INFORMATION

For inquiries, complaints, questions, or claims regarding the Licensed Application, contact DEVS s. r. o. at the provided address and email.

support@qubu.io
DEVS s. r. o.
Zochova 5
811 03 Bratislava,
Slovakia

12. TERMINATION

12.1 The license granted under this Agreement is subject to the terms of any purchased subscription. The subscription period is defined by the selected plan, either monthly or annually.

12.2 Expiration of Subscription: If the End-User has purchased a subscription, the license will automatically terminate upon the expiration of the subscription period, unless renewed by the End-User.

12.3 Renewal and Termination: The End-User has the option to renew the subscription before its expiration date through the designated platform or Services. Failure to renew the subscription will result in automatic termination of the license.

12.4 Effect of Termination: Upon termination of the subscription, the End-User must cease all use of the Licensed Application and destroy all copies.

12.5 Access to Updates and Support: Termination of the subscription may affect access to updates and support services provided by the Licensor.

12.6 Notice of Termination: The Licensor may provide notice of subscription termination through the Services or other means of communication.

12.7 No Refund for Unused Period: The termination of a subscription does not entitle the End-User to a refund for any unused portion of the subscription period.

13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

DEVS s. r. o. assures compliance with applicable third-party terms. Subsidiaries are third-party beneficiaries, entitled to enforce this License Agreement against the End-User.

14. INTELLECTUAL PROPERTY RIGHTS

DEVS s. r. o. is solely responsible for investigating, defending, settling, and discharging third-party intellectual property infringement claims related to the Licensed Application.

15. APPLICABLE LAW

This License Agreement is governed by the law of the Slovak Republic, excluding conflicts of law rules.

MISCELLANEOUS

16.1 Invalid terms do not affect the validity of remaining provisions. Invalid terms will be replaced to achieve the primary purpose.

16.2 Written agreements, changes, and amendments are valid. The preceding clause can only be waived in writing.