Questback Terms of Service for Qubie

 

 

1.     General Provision

These Terms of Service describe your rights and responsibilities when you access and use Questback’s work coach application Qubie (hereafter “Qubie” and/or the “Service(s)”).

By accepting these Terms of Service, you (hereafter “you” or “Customer”) enter into a service agreement (hereafter ”Agreement”) with Questback AS, Bogstadveien 54, 0366 Oslo, Norway (hereafter referred to as “Questback”).

We provide our Services exclusively to natural persons who have reached the age of 16. You may only access or use the Services if the statements in the previous sentence apply. If you are younger than 16, we reserve the right to cease any provision of Services at any time.

Our Services are designed to improve team performance, collaboration and leadership skills, and general employee satisfaction and well-being. Therefore, the use of our Services is restricted to professional non-private use only.

 

2.     Service and limitations

The Customer is granted a non-exclusive, non-transferable and non-assignable right to access and use the Services in accordance with these Terms of Service.

The Services shall be accessed only by the authorized user in person, solely for the purpose of improving her/his professional improve team performance, collaboration and leadership skills, and general employee satisfaction and well-being.

Questback grants no access or usage rights beyond those specifically listed in these Terms of Service. Under no circumstances can the Customer lease, sell, or transfer any of its rights under the Agreement, or in other ways directly or indirectly make available to or charge a third party for any part of the Services. In particular, you may not share your access to Qubie or use Qubie on behalf of third parties and/or charge third parties for services you perform by using Qubie. If the Customer has used, or allowed use of, the Service beyond the agreed terms and limits stated in this Agreement, or transferred its rights, this shall entitle Questback to terminate its Service at any time without notice.

 

3.     Provision and Availability of the Service

Questback will provide the Services with the functionality available in its most recent release. Questback reserves the right to make changes to the Services, including the right to change, improve or remove parts of the functionality of the Service.

We reserve the right to perform upgrades and maintenance of the Services (including version changes). This may lead to the Services being temporarily unavailable to the Customer and respondents.

Questback may monitor the Customer’s use of the Services for the purpose of anonymous statistics, and for support, development, prevention and protection against use outside the scope of the Agreement, and unlawful use.

Questback reserves the right to inspect, block or delete content or the entire user account, suspected of containing or distributing computer virus or malignant code or suspected of serving spam, while doing so taking into account the Customer’s justified interests.

 

 

4.     Term and termination

This Agreement shall take effect upon the completion of the registration process and the creation of your user account, and shall remain in effect until the earlier of

i)                the expiration of the agreed term,

ii)               its termination according to these Terms of Service,

iii)              substituted and/or replaced by another account provided to you, e.g. in connection with a company license.

You may terminate our Service at any time by deleting your account or by contacting us directly (qubie@questback.com).

Questback may terminate the Agreement immediately i) in case of material breach of Customer’s obligations in this Agreement, or ii) for any violation by Customer of Questback’s intellectual property rights, or for use of the Services in violation of any applicable laws or regulations. Notwithstanding the foregoing, Questback may terminate this Agreement with thirty days’ notice if it wishes to do so without cause, e.g. if Questback ceases to provide this Service.

Prior to the effective date of termination of the Agreement, the Customer is responsible for the deletion of all data and content in Questback’s database collected by the User, personal data in particular. Upon the expiration of the Agreement, Questback will delete and/or anonymize all data from user and her/his respondents (contacts).

 

 

5.     Rights and Ownership

This Agreement provides a subscription to our Services, and does not provide rights or ownership to any data, methodology, information, data, documents, papers or other material provided by Questback to Customer.

Copyright notices and other proprietary rights notices in the Services shall not be deleted or modified. The Source code from which the Services object code is derived will not be provided and is a trade secret of Questback to which access is not authorized. Neither Customer nor any user shall reverse engineer, reverse assemble or decompile the Services or in any way attempt to recreate the Source Code.

All trademarks related to the Services contained in the Material provided by Questback to Customer are trademarks of Questback and/or its licensors.

 

6.     Data Protection

Depending on how you use our Service, you are either “Controller”, “Joint Controller”, “Processor” or “Data Subject” according to the GDPR (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC).

Whenever you are using the Service, in particular to create, conduct and assess surveys for your own purposes, by the GDPR, you will be the “Controller” of all processed personal data related to her/his respondents and other natural persons. As such, you are exclusively responsible to process all personal data in compliance with all applicable data protection regulation, e.g. to determine the purpose, legal basis for data processing and retention periods, to provide statutory information to data subjects and to service data subject rights.

Questback will process all personal data related to your account on your behalf of Customer and will be the “Processor” according to the GDPR.

By accepting these Terms of Service you agree to enter into a separate data processing agreement (hereafter “DPA”) with Questback as required by Article 28 GDPR. This DPA  will govern Questback’s processing of personal data on behalf of you being the Controller. The terms and conditions of such DPA are laid out in the <Questback Data Processing Agreement For Qubie>.

Natural persons and/or users, whose personal data is processed through your account are “data subject” according to the GDPR.

We will anonymize and aggregate personal data. In its anonymized and aggregated form, where data will never be attributed to either you or your respondents (i.e. contacts), data will be kept and processed by Questback for the purpose of anonymous statistics, benchmarking, recommendations, software improvement, machine learning and analysis to enhance the overall experience and usefulness of Questback’s Services for you and all Qubie users. For example, this can include providing benchmark data to you and other end users and usage statistics for recommended actions.

 

 

7.     Customer Warranties and Obligations

When using our Service you shall at all times comply with all applicable laws and regulations regarding without limitation: security, privacy, direct marketing and mass distribution.

You are directly responsible for all data and other content you enter into, collect, process and/or distribute via our Service. You warrant that the content will not infringe any applicable laws, regulations or third party rights (including Intellectual Property Rights) or include material which is in breach with applicable security or privacy regulations, or regarded as offensive or defamatory under applicable law.

You will indemnify Questback against all claims, demands, costs (including reasonable legal costs) expenses, losses and liabilities incurred by Questback as a result of any action or claim that content collected, stored and distributed by you through the Services is illegal or inappropriate, or was collected, stored, or distributed in violation of applicable law, or that such content infringes third party Intellectual Property Rights. This section shall survive termination of the Agreement.

User undertakes and warrants that i) user is entitled to use the Services in his professional environment, ii) User is authorized to use the data that User wishes to process through this Service, and iii) processing this data does neither infringe or violate any intellectual property rights nor any contractual and/or statutory non-disclosure obligations.

 

8.     Questback’s Warranties and Obligations

Questback warrants that it has the right to license the Service to its Customers. The exclusive remedy for breach of this warranty is set forth herein.

Questback warrants that the Services will substantially conform to its user documentation including any updates thereto. If it does not, at Questback’s discretion, Questback will as its exclusive remedy for breach of this warranty either make it conform, replace it with conforming services, or terminate the Agreement.

Questback disclaims all other warranties and conditions, express or implied, including without limitation any implied warranties of merchantability, satisfactory quality and fitness for a particular purpose, or arising as a result of custom or usage in the trade or by a course of dealing. Without limiting the generality of the foregoing, Questback does not warrant or represent that use of the Service will result in compliance, fulfilment or conformity with the laws, rules, regulations, requirements or guidelines of any governmental agency.

 

9.     Liability

Each party’s liability in relation to the subject matter of this Agreement is limited to direct losses suffered by the other party, and caused by the other Party’s breach of obligations under this Agreement.

With exception for liability arising from fraudulent misrepresentation or other fraud, gross negligence or wilful misconduct, breach of obligations or from personal injury or physical damage, neither Party shall be liable for special, incidental, indirect or consequential damages including but not limited to loss of profits and loss of data, however caused and under any theory of liability and whether or not the Party has been advised of the possibility of such loss.

Under no circumstances will Questback be liable for punitive damages arising in contract or tort.

Questback is not in control of the content collected, stored and distributed by Customer through the Services, and expressly disclaims any responsibility or liability for the content distributed, stored and/or collected through use of the Services, or the results generated.

This section 9 shall survive termination of the Agreement.

 

 

10.  Severability

If a provision of the Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, this shall not affect: the legality, validity or enforceability in that jurisdiction of another provision of the Agreement; or the legality, validity or enforceability in other jurisdictions of that or any other provision of the Agreement.

Notwithstanding the above, the Parties hereto agree that they will negotiate in good faith and will replace the invalid, void or unenforceable provision with a valid and enforceable provision which reflects as much as possible the intention of the Parties as referred to in the provision thus replaced.

 

11.  Complete Agreement

The Agreement constitutes the entire Agreement between the parties. No other terms and conditions of the Customer will be deemed agreed even if Questback fails to explicitly reject them.

 

12.  Assignment

Customers may not assign the Agreement or any of its rights or obligations hereunder without Questback’s written permission, which permission will not be unreasonably withheld.

 

13.  Choice of law and legal venue

Where this Agreement is not subject to any specific compulsory governing law or to a particular court jurisdiction, this Agreement shall be governed by Norwegian law and Customer hereby accepts the exclusive jurisdiction of the courts in Oslo in relation to any dispute arising under this Agreement or in connection with its terms

 

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Version 1.3

(July 2018)