Terms of use

This Agreement is effective as of 1.4.2024 and supersedes all prior versions.

Powerful generative and collaborative AI powered software for AEC.

These Terms of Use ("Terms") govern your access to and use of the Qubu software ("Software") provided by DEVS s.r.o. ("Licensor"). By accessing or using the Software, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Software.

1. Use of Software

1.1 License: The Software is licensed, not sold, to you by the Licensor for use strictly in accordance with these Terms.

1.2 Scope of License: You are granted a non-transferable, non-exclusive, revocable license to use the Software for your personal or internal business purposes on devices owned or controlled by you, as permitted by the Licensor's usage rules and subject to these Terms.

1.3 Prohibited Actions: You may not share, sell, rent, lease, sublicense, redistribute, modify, reverse engineer, disassemble, or attempt to derive the source code of the Software without prior written consent from the Licensor.

2. Updates and Modifications

2.1 Modifications: The Licensor reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Software or any part thereof with or without notice. The Licensor will make reasonable efforts to notify you of any material modifications to the Software.

2.2 Notification: The Licensor will make reasonable efforts to notify you of any material modifications to the Software. However, it is your responsibility to regularly review the Software for any updates or modifications.

2.3 Updates to Terms: The Licensor reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, the Licensor will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the Licensor's sole discretion.

3. User Obligations

3.1 Compliance: You agree to use the Software in compliance with all applicable laws, regulations, and third-party agreements.

3.2 Data Privacy: Your use of the Software is subject to the Licensor's Privacy Policy, available at https://qubu.io/privacy-policy .

  1. Payments

4.1 Subscription: We utilize Paddle.com Inc. (“Paddle”) for payment processing services. By providing your payment information to Paddle, you authorize immediate charges for fees owed to us. You agree to notify Paddle of any billing address or payment method changes. Your payments are subject to Paddle’s Privacy Policy, and you consent to sharing necessary payment details with third-party providers to facilitate transactions.

4.2 License key: Upon subscribing to the Qubu software, you will receive a unique license key that is required to activate the full functionality of the plugin within Rhino/Grasshopper. This license key is provided to you for the duration of your subscription and is non-transferable. The number of seats permitted under your subscription plan will be specified at the time of purchase, and your license key will be configured accordingly. You are responsible for keeping your license key confidential and for any actions taken using your license key. The license key is solely for your use and may not be shared, sold, or distributed to others. If you require additional seats or need to use the license key on more computers than permitted under your subscription plan, please contact us at support@qubu.io for assistance.

4.3 Renewal: Your subscription renews automatically unless canceled before the current term ends. You authorize us to charge your Payment Provider for renewal fees. Failure to pay may result in suspension or termination of your subscription.

4.4 Cancellation: You can cancel your subscription at any time by sending the Request by email at support@qubu.io. Upon cancellation, you'll retain access to your subscription until the end of the current billing cycle. No refunds will be provided for partial subscription periods.

4.5 Refund: If you're a consumer in the EU or UK, you can cancel your subscription within 14 days of purchase for a refund. If you've used the subscription during this period, we may prorate the refund. To request a refund, email us at support@qubu.io with your account details.

When integrating Paddle's payment services, it's important to ensure that your refund policy aligns with Paddle's terms and the applicable laws and regulations. You may need to adjust your refund policy to comply with both Qubu’s terms and Paddle's requirements. Additionally, you should communicate your refund policy clearly to your customers to avoid misunderstandings.

5. Termination

5.1 Termination: This Agreement will remain in effect until terminated as outlined herein. You may send a termination request via email to support@qubu.io. Licensor reserves the right to suspend or terminate Services immediately and without notice if payment cannot be processed, upon material breach of the Agreement, or as required by law. Termination for cause will be at Licensor's discretion. Licensor may also terminate your access to the Services and this Agreement with reasonable advance notice if there has been no payment or use of Services for 18 consecutive months. Even after termination, unpaid amounts remain due. You will retain access to freemium features following termination.

5.2 Effect of Termination: Upon termination, you must cease all use of the Software and destroy any copies in your possession, unless you continue to use the freemium version, which remains accessible after termination.

6. Intellectual Property

6.1 Ownership: The Software, including all intellectual property rights therein, are and shall remain the exclusive property of the Licensor.

7. Disclaimer of Warranty

7.1 As Is: The Software is provided "as is," without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.

8. Limitation of Liability

8.1 No Liability: In no event shall the Licensor be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of the Software.

9. Age Restriction

The Service is not intended for use by individuals under the age of 13. By accessing or using the Service, you affirm that you are at least 13 years old.

10. Governing Law

10.1 Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of the Slovak Republic, excluding conflicts of law rules.

11. Contact Information

11.1 Support: Our team is dedicated to providing comprehensive support and makes commercially reasonable efforts to address your queries and concerns promptly and efficiently. However, please note that we have no obligation under this Agreement to correct any defects or errors in the Services or to otherwise support or maintain the Services. For assistance, inquiries, or any questions related to the Qubu software, you can reach out to our dedicated support team at support@qubu.io.


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