Qubiql End User Agreement
Posted: November 11, 2021
(1) “DesktopIP” means PT DesktopIP Teknologi Indonesia, a limited liability company established under the laws of the Republic of Indonesia, as the owner and developer of Product services.
(2) “You” means any person or legal entity who accesses and uses and has registered with the Product.
(3) “Product” means software as a service owned and developed by DesktopIP, namely Qubiql, which can be accessed through the https://qubiql.com website along with mobile and computer applications that can be downloaded through the Website, Google Playstore and Apple Store under the name Qubiql.
(4) “Application” includes software contained on the Product, associated media, any online mode software from the Product, any printed materials, manuals, any online or electronic documentation, and all copies of the Product and such materials.
(1) DesktopIP warrants that it will deliver the Products in a professional manner and use reasonable and prudent capabilities in accordance with generally recognized commercial practices and standards in the information technology industry. If the Application is not provided as promised, DesktopIP at its sole discretion will repair the Application at the same value as what you have paid for the non-conforming Application. It is DesktopIP’s sole responsibility and your sole remedy for breaches of this clause 2 paragraph (1).
(2) You acknowledge and understand that the smoothness and continuity of the Application is highly dependent on the accuracy and smoothness of the internet network and/or Global Positioning System owned or located at the End User’s location. You hereby guarantee that there will be no complaints, demands, or claims against DesktopIP for the non-functioning or malfunctioning of the Product caused by the weak internet network and/or the Global Positioning System.
(3) DesktopIP does not provide any other warranties and explicitly disclaims any other warranties other than those stated in this Agreement, whether stated or stipulated by law, trade customs, or transaction procedures.
(4) You agree to indemnify DesktopIP and its personnel or employees for any losses, expenses, legal costs, and liabilities (currently and in the future, continuing, and all things based on compensation), suffered by DesktopIP as a result of or in connection with a violation of this Agreement or other documents made by you and/or for actions
taken by DesktopIP from the time the breach of the Agreement or other documents occurred until it was resolved.
(5) The availability and reliability of the Application is based on the availability and quality of the internet network at the user’s location and connected to your device. You understand and agree not to claim or sue DesktopIP for any failure to provide services due to the unavailability or unreliability of the internet network connected to the device you use to access the Product.
3. PRODUCT USE
(1) You can access, display and/or operate this Application on the device that you use for personal and non-commercial purposes, which means that the Application may only be accessed and used directly by individuals or legal entities. Users may not copy, modify, modify, embed or create any derivative works based on the data released by this Application, the memory of any terminal device used by this Application, or the communication process between the client and server. If commercial sale, reproduction and distribution is required (eg pre-installation or software bundling), prior written permission must be obtained from DesktopIP.
(2) You are prohibited from using the Application for the following things or in the following ways:
a. to harm, torture, humiliate, slander, defame, threaten, intimidate or harass another person or business, or anything that violates privacy or any conduct that DesktopIP considers hateful, obscene, inappropriate, inappropriate or discriminatory;
b. by means or purposes that are unlawful, fraudulent or commercial;
c. by violating or violating the rights of others, including but not limited to patents, trademarks, trade, copyrights, trade secrets, publicity, and other proprietary rights;
d. using automated computer code, process or system, screen scraping, robot, net crawler, spider, data processing, trawling or computer code; and/or e. violates this Agreement, or other provisions contained in the Application. (3) The features available on the Product have been determined exclusively by DesktopIP. You cannot request additions or modifications to features or Products (custom). The addition or modification of features or Products is at DesktopIP’s sole discretion. DesktopIP will accept your suggestions and feedback, but has no obligation to fulfill your custom requests.
(4) You must study the Product and understand the features available. Everything that is not provided to you by DesktopIP either through the website, application, presentation material, or exposure of DesktopIP personnel or through this Agreement, is not the responsibility and scope of work of DesktopIP. Therefore, upon any promise or representation of the availability or availability of certain services that you obtain from third parties, you release DesktopIP from all forms of compensation, claims and compensation.
(5) System or Application failure is not the responsibility of DesktopIP if the failure is caused by:
a. your use of the Products in a manner not permitted by this Agreement; b. general internet issues, Force Majeure events or other factors beyond DesktopIP’s control;
c. failure or malfunction of your equipment including but not limited to hardware, software, network connections or other infrastructure; or
d. system failures or malfunctions, acts or omissions of third parties; or reasonable or extraordinary scheduled maintenance or emergency maintenance.
4. LICENSE GRANTING
(1) DesktopIP grants you a revocable, non-exclusive, non-transferable and limited right to install and use the Application on devices owned and controlled by you, and to access and use the Application on such devices under the terms and conditions of this License Agreement, terms and conditions contained in the Application itself, and other agreements relating to your device.
(2) All rights not specifically granted under the License are owned by DesktopIP. This license does not grant you any right or title to the Application and is not construed as a sale or transfer of any intellectual property rights or other rights.
5. INTELLECTUAL PROPERTY RIGHTS
(1) You agree that copyright and all intellectual property rights in data, concepts, utilities and/or work developed by DesktopIP as part of or in connection with the Products, including but not limited to ideas, inventions, innovations, inventions, computer programs, formulas, processes, techniques, know-how, data or improvements are the absolute property and inherent of DesktopIP, exclusive and without limitation.
(1) A Party from time to time discloses (“Disclosing Party”) to another Party (“Receiving Party”) certain confidential information belonging to the Disclosing Party. Except as expressly permitted under this Agreement, for a period of one (1) year following disclosure, the Receiving Party will protect the Disclosing Party’s Confidential Information from unauthorized use, dissemination or publication, in the same manner if the Receiving Party used information belonging to him, but no less than a reasonable way.
(2) The Receiving Party will not use the Disclosing Party’s Confidential Information for purposes that are expressly not permitted in this Agreement, and will limit the disclosure of the Disclosing Party’s Confidential Information to employees or agents or affiliates or subsidiaries of the Receiving Party who need to know the Information. Confidential for the purposes of this Agreement, and is, with respect to Confidential Information of the Disclosing Party, in writing bound by confidentiality provisions which are not less than the provisions set forth herein. Without prejudice to the following,
(3) For the purposes of this Agreement, the term “Confidential Information” means (a) product plans, designs, costs, prices and names, unpublished financial information, marketing plans, business opportunities, personnel, research, development, technical skills and non-technical business information relating to one of the Parties; (b) all information declared by the Disclosing Party to be Confidential Information in writing or, if disclosed verbally, declared confidential at the time of disclosure and written and declared Confidential Information in writing within thirty (30) days; and (c) the terms and conditions of this Agreement; provided that “Confidential Information” does not include information that has been or has become public or available as a result of publication,
(4) The Receiving Party will return to the Disclosing Party, destroy or delete all Confidential Information of the Disclosing Party in tangible and/or electronic form upon request in writing by the Disclosing Party or upon termination or termination of this Agreement, whichever occurs first. in the past, and with respect to both matters, the Receiving Party will promptly state and in writing certify that this has been done.
7. LIMITATION OF LIABILITY
(1) In no event shall either Party be liable for any indirect, incidental or special damages arising from any claim or action stated herein, and/or for any loss of profits, income, your contract, loss of use, business interruption, loss of data, or failure to recognize any cost savings, despite being advised of the possibility of such losses.
(2) You and DesktopIP acknowledge and agree that, in the event of a third party claim that the Application or your possession or use of the Application infringes the intellectual property rights of any third party, you will be responsible for the investigation, defense, settlement and release of such intellectual property claim. You must notify DesktopIP in writing of any such claim.
8. TERM AND TERMINATION
(1) This agreement will be valid for as long as you use the Product.
(2) Either Party may terminate this Agreement immediately after giving written notice to the other Party if the other Party violates this Agreement and fails to remedy the breach within thirty (30) days of receipt of the request to remedy the matter, the other Party terminates its business activities. for any reason or threatened to terminate its business activities that may affect this Agreement or the other Party is declared bankrupt, liquidated or other forms of insolvency.
(3) In the event that you terminate this Agreement unilaterally not for the reasons contained in article 8 paragraph (2) of this Agreement and for no apparent reason,
then you are declared “Default” and must fulfill all of its obligations to make all subscription payments according to the term of the Agreement.
(1) You can contact DesktopIP to find out more about other DesktopIP applications, products and services at Ayam Bulungan Building 3rd Floor, Jl. Bulungan 1, No. 64, RT.06/RW.06, Kramat Pela Village, Kebayoran Baru District, South Jakarta City, Phone: (021) 7293693, Email:firstname.lastname@example.org
(1) By downloading, installing or using the Product, you accept all the terms of this Agreement. You will have the right to use the Application or Products if you comply with the terms of this Agreement.
(2) This agreement is made in English and Indonesian. In the event that there is a discrepancy or conflict between the Indonesian and English texts, the Indonesian text shall govern and prevail.
(3) You may not assign any of its rights or obligations under this Agreement without DesktopIP’s written consent.
(4) This agreement will be governed by and subject to the laws of the Republic of Indonesia. Any dispute arising out of or in connection with this Agreement, including questions regarding its validity, validity or termination, shall be referred to and resolved by the South Jakarta District Court. Nothing in this paragraph shall prevent a Party from seeking or seeking an equivalent settlement of damages of an urgent nature before appropriate judicial proceedings.
(5) You hereby waive the application of Articles 1266 and 1267 of the Civil Code which require a formal application to the court in the event of a contract termination.
(6) You must ensure its compliance with applicable laws, laws and regulations in relation to its activities under this Agreement.
(7) DesktopIP reserves the right to change this Agreement without any prior notification. Other provisions that are included separately in the Application can complement this Agreement.
(8) If any provision of this Agreement or its application is declared invalid, illegal or unenforceable, the remainder of this Agreement will remain valid and valid to the extent permitted by applicable law.
(9) You and DesktopIP are deemed not to waive their rights under this Agreement, unless you or DesktopIP have notified the other party in writing that he has waived those rights. Delay or failure to exercise their rights shall not be considered as a waiver of any breach of contract or its consequences.
This agreement can be accessed on the https://qubiql.com website. You are advised to periodically access the page and read the End User Agreement section because DesktopIP may change or make addendums (to the extent permitted by applicable laws or regulations) from time to time.