Terms and Conditions
1. General
1.1 Dear User! Welcome to Cubu’s website - https://www.cubu.com a website and service developed by Callflow Software Inc., DBA "Cubu", also DBA "Q-nomy", (hereinafter the ‘Company’, ‘We’, ‘Website’). Cubu is a B2B online SaaS cloud-based platform for our Business Customers for their independent use. This Website allows our users the way to contact us to answer any questions regarding Cubu’s platform (hereinafter ‘Users’, ‘Platform’ or 'Services’, accordingly).
2.2 The purpose of these Terms & Conditions policy (hereinafter the 'T&Cs' or 'Policy') is to clarify and regulate the relationship between the Users and the Company regarding the use of the Website and the Services within it.
3.3 Use of the Website, including any content and/or service that appears in it, constitutes acceptance of these T&Cs, including the Company's Privacy Policy, an integral part of the T&Cs, which may be updated from time to time (together hereinafter the 'Agreement'). The Company reserves the right, in its full and exclusive discretion, to change, delete or add to this Agreement at any time. Therefore, before performing any action on the Website, you are asked to read the Agreement carefully, since continued use of the Website will indicate your acceptance of the Agreement. If you do not agree to the conditions outlined in the Agreement or changes made to it, refrain from using the Website or Services.
4.4 The binding and definitive wording of the Agreement, at all times, is that which is published on the Website. The Agreement’s provisions are cumulative and will be construed as coexisting and not diminishing or detracting from each other.
2. Restrictions
2.1 Without the express authorization of the Company, in advance and writing, Users are forbidden to perform the following actions and/or acts:
2.1.1 Any commercial use of the Website and/or the content appearing in it, in whole or in part, unless authorization is granted in a specific agreement between the parties, in writing.
2.1.2 To copy, reproduce, modify, process, translate, reverse engineer (including any attempt to extract the source code of the Website and/or the content appearing therein), publish, distribute, transmit, display, perform, reproduce, sell, grant sub-licenses, etc. with regards to the Website, in whole or in part.
2.1.3 To bypass, disable and/or interfere in any other way with the security measures in the Website and/or its proper operation, including activating any computer application, software such as Crawlers, Robots, etc. and/or damaging and/ or disrupting the password protection system that regulates access to the Website.
2.1.4 To allow a third party that is not a User to use the Website and/or the content that appears in it in general and use it to design and/or develop a competing service or product, or to do so for said third party or User.
2.1.5 To disrupt or violate any right of another User of the Website, including the right to privacy and/or collecting of personal data of the Users of the Website, including by scraping or crawling, without their express prior written consent, including by automatic means.
2.1.6 To remove, corrupt, hide and/or modify the Website and/or any content appearing on it, including copyrights, trademarks, and/or other proprietary rights, including the use of the Company's name, trademark, or logos, without obtaining its express prior written consent.
2.1.7 To infringe on the dignity or privacy of another User and/or modify the content posted by another User and/or publish content on behalf of another User and/or use the Website and/or content appearing on it to infringe on the good name of any person and/or publish incitement, fraud, deceit, defamation and/or any other information that is false, unreliable or that may maliciously cause harm.
2.1.8 To use the Website and/or the content that appears in it to create a database or a compilation of any kind;
2.2 The Company may, at its sole and exclusive discretion, not approve, suspend or block, without the need for prior notice, the access and of any User and/or third party to the Website or Services provided by the Company, in whole or in part, and/or to any content or service offered within its framework, in cases where the Company believes that a violation of the Agreement has been committed and/or that there is a concern that any kind of disruption will be caused to the proper operation of the Website and/or the provision of services offered in it, or a violation of law and/or rights of third parties, and/or for any other reason under the full and exclusive discretion of the Company, even without any reason or justification, and the User and/or any third party waives any claim and/or demand and/or lawsuit against the Company and/or anyone on its behalf in this matter.
2.3 Failure to comply with these restrictions may lead to the restriction of the User's access to the Website and may even expose it to civil and/or criminal liability, per the provisions of any law.
3. Registration and Use of data
3.1 The registration for the Website and/or using it may require the provision of personal data. The use of personal data provided by the User to the Website and/or the data accumulated about the User when using the Website will comply with provisions of the law and the Privacy Policy of the Website.
3.2 The User must ensure that reliable, accurate, and correct information is provided. Providing non-such information may impair and disrupt the provision of the services, other Users, and the Company. It is hereby clarified that entering false personal information is strictly prohibited, constitutes a civil tort and even a criminal offense, and doing so is subject to legal, criminal, and/or civil proceedings, including tort claims for damages caused to the Company and/or anyone on its behalf.
4. Account Security
4.1 The responsibility for maintaining the secrecy of accessing your account rests solely with you. The Company will not bear any responsibility for your independent conduct on the Website and/or concerning your login credentials.
4.2 It is possible that to perform certain actions on the Website, you will be required to choose a means of identification under the Website's guidelines, as will be provided from time to time. The Website may require you to change the means of identification from time to time and/or add additional means of identification as a condition for performing certain actions on the Website.
4.3 You undertake to do everything in your power to maintain the confidentiality of the means of identification and login details, and not to disclose and/or provide them to any third party which is not authorized to act on your behalf on the Website.
4.4 In case you suspect misuse of the Website and/or exposure of your login detail and/or the loss of one of the means of identification that allows identification to the Website, you are required to notify it immediately via support@cubu.com
5. Ownership and Intellectual Property Rights
5.1 The Website, Services, and the content appearing in it, including any designs, illustrations, images, maps, audio/video clips, text, graphics, software, application, code, source code, and any other material, etc. (the "Content" or the "Contents"), as well as all intellectual property rights in connection with the Website or Services of any kind and type (whether registered rights or unregistered rights), patents, trademarks, trade names, copyrights, trade secrets, methods, how the Website or Services are presented and designed and any matter and/or detail related to the Website, are protected by copyright law, intellectual property laws, and belong to the Company and/or anyone on its behalf and/or a third party who granted the Company the full right to use them. Therefore, the User and/or any third party is strictly forbidden to make changes, perform reverse engineering procedures, copy, publish, distribute, broadcast, publicly display, perform, reproduce, issue a license, create derivative works, sell or hand over to third parties, etc. any part of the Content without obtaining the express prior written consent of the Company.
5.2 "Cubu" is a registered trademark of Callflow Software Ltd.
6. Availability, Website Content & External Content
6.1 The Website, Services and the Content that appears in it are offered to Users As-Is and subject to their availability (As Is and As Available). The Company makes reasonable efforts to ensure that Content appearing on the Website is correct, accurate and up-to-date, and available for use. However, the Company does not guarantee this or make representations of the content's accuracy, and it is possible that the Content is incomplete and/or that technical or other errors have occurred, or that the service (such as the appointment itself) will not be available, and therefore the Company will not bear any responsibility for the accuracy and integrity of the Content in the Website.
6.2 The Company may amend and/or terminate and/or cancel at any time, at its sole and exclusive discretion, the Services in the Website and the Website itself, in part or all of them, without the need to provide prior notice.
6.3 The Company reserves the right, at its full and exclusive discretion, to modify the Website, the information and Services provided therein at any time, including by adding, taking away, terminating, limiting, changing the structure of the Website, the scope and availability of the information and services offered in it and any other aspect related to it, in service and operation, without the need for prior notice. It is clarified that the User and/or any third party will not have any claim and/or demand and/or lawsuit against the Company in respect of the aforesaid.
6.4 The Website or Services may contain Content, advertisements, commercials, information, services, products and/or any other content of third parties, ("Third Party Content"). The User's use of Third-Party Content is subject to the articles of association and/or the terms of use and/or the privacy policies of those third parties, as far as the question arises. It is clarified that any opinion, expression of opinion, advice, declaration, offer, information, service and/or any other Content in Third Party Content, belongs to the same third party and the Company is not involved in their creation, editing and/or operation.
6.5 External Links. The Website may include links to other websites or platforms, which are not operated by the Company. These links, the data collected via those services, and any consequences which may occur due to the use of these services, are not under the control of the Company and it does not control the content of the linked sites. To the extent that the Website contains these links, this does not indicate the Company's consent and/or responsibility for the content appearing on the linked sites and/or constitute a guarantee for their reliability, recency, correctness, or the legality and/or the privacy policy and other terms of use adopted by their owners. The Company is not responsible for any result that may be caused due to the use of the linked sites or services, or Users’ reliance on them, and therefore recommends carefully reading the terms of use and privacy policy of these sites, if they exist, and/or contacting the linked site owners in any case of claim or request regarding the matter. It is further clarified that the Company may, under its sole discretion, remove any link from the Website and/or add additional links and that the Company does not guarantee that the links to said websites will be active and lead to an active website.
6.6 Any use of the Website or Services, including Content provided by the Company or Third Party Content, will be made at the User's sole responsibility, and the User shall bear no claim and/or demand and/or lawsuit against the Company and/or anyone on its behalf, including with respect to any direct or indirect damages resulting from the use and/or entry and/or reliance on Content and/or by a third party and/or due to a violation of privacy or intellectual property rights following such use. In any case, the User hereby waives any such claims and will be prevented from raising any claim and/or demand and/or lawsuit in this matter towards the Company and/or anyone on its behalf.
7. Liability
7.1 The Company will not be liable for any inaccuracies, incorrect data, modeling, products, or outcomes, and/or for any disruption caused by the use of the Website or Services, including concerning User content and/or failure of processing it.
7.2 The Company aspires to provide the User with a quality and safe User experience on the Website. However, the Website is not immune to glitches and/or problems and the User may not have access to the Website from time to time.
7.3 The Company will not bear any liability or warranties of any kind, expressed or implied, including but not limited to implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose or User requirement in connection with the Website, including any Content and/or Services in the Website.
7.4 The User hereby declares and undertakes that it is solely and completely responsible for any use it makes of the Website and the Services, including any Content use or creation, and that it is aware that the Company is not responsible, either directly or indirectly, for any such use and/or creation.
7.5 The User hereby undertakes to comply with the provisions of any laws, licenses, rules, and regulations that may apply to its use of the Website and/or the Content and/or Services that appear in it, including the Agreement.
7.6 The Company will not bear any responsibility, express or implied, neither directly nor indirectly, for any damage caused to any of the Users as a result of unlawful conduct by another User, whether through the Services or regarding the Website.
7.7 The Company, its directors and subsidiaries and/or parent companies and/or companies affiliated with the Company and/or anyone on its behalf, will not bear any responsibility, for damage and/or loss, direct or indirect, including incidental, consequential, random or punitive damages (including, and without derogating from the aforesaid, compensation for loss of work and business, loss of profits, losses and/or loss of business information, damage to reputation, and any loss and/or other financial damage), arising and/or related, to the Website and/or Services and/or any Content that appears in it, or in any use thereof, and including but not without limited to: 1) the use and/or inability to use the Website, including any Content and/or service that appears in it, for any reason; 2) messages and/or files received by the User during and/or due to the use of the Website, including any Services and/or any Content that appears in it; 3) any act and/or omission committed in the Website, including the Content and/or Service that appears in it, including after they have been handed over to third parties; 5) interruptions, availability and integrity of the Website, including any Content and/or Service appearing on it, for any reason, and including, resulting from disruptions or failures of the internet or telephone network; 6) damage or loss caused as a result of an accident, mistake, inaccuracy, etc. in the Content and/or Service of the Website.
7.8 There may be errors and/or malfunctions and/or deficiencies and/or inaccuracies in the data transfer process between the Users and/or the Company, whether originating from it, whether originating from other such Users or originating in the Website and/or the Company for any reason and vice versa. The User hereby waives any claim and/or demand and/or lawsuit of any kind against the Company and/or anyone on its behalf and releases it from any liability for any damage and/or loss (financial or otherwise) that may be caused to the User as a result and/or in connection with the aforesaid, and except in the case where it is proven that the damage was caused due to a direct malicious act of the Company.
7.9 It is clarified that a disruption in the collection of User data in the Company's computers and/or the User's computers and/or the Website for any reason, including a fault related to the Company, will not constitute grounds for any claim and/or demand and/or lawsuit by the User towards the Company.
7.10 The User undertakes to defend, cooperate with, compensate and indemnify the Company and/or anyone on its behalf, immediately upon its first claim, for any damage, loss, loss of profit, payment and/or expense, damage to reputation, economic and/or commercial damage, including under any claim, lawsuit, judgment, settlement, writ of execution, including legal expenses, and the costs of legal advice, arising, directly and/or indirectly, from the User violating this Policy and/or any act and/or omission of the User as a result of which the Company and/or anyone on its behalf was charged.
7.11 In the event of any contradiction and/or inconsistency of any kind and type between any Content in the Website and the Agreement, the provisions of the Agreement, according to the matter, will prevail.
7.12 The limitation of liability in this section does not derogate from any other limitation of liability in the Agreement.
8. Termination
8.1 Without derogating the aforementioned, The Company may cancel your subscription to the Website and the Services, as any User, at any time if: (1) you breach the terms of the Agreement or any other agreement between the Company and the User; (2) if you misuse the Services and/or the Website or use either in a way not intended or prohibited by Company; (3) if further use would violate any laws, rules, and regulations or would expose Company to legal liability. You agree that Company will not be liable to you or any third party due to the termination of your right to use or otherwise access the Services and/or the Website.
8.2 All limitations on liability, releases, indemnification obligations, disclaimer of warranties, choices of law and judicial forum, and intellectual property protections and licenses – will survive termination of this Policy between you and the Company.
8.3 The company may preserve information and/or Content and may also disclose it if required to do so (a) by law; (b) to comply with legal process and/or proceedings; (c) to respond to claims that any of Your Content violates the rights of third parties; (d) to enforce or administer this Policy and or any other agreement between us; and/or (e) to protect the rights, property and/or personal safety of the Company, its users and/or the public, including fraud prevention.
9. Miscellaneous
9.1 The Agreement constitutes the complete agreement between you and the Company regarding the use of the Website and supersedes any other understanding and/or consent, oral or written, regarding the use of the Website and/or the Content and/or Services.
9.2 If any of the terms in the Agreement are found to be illegal, void, or unenforceable for any reason, said terms, to the limited amount necessary, will be removed from the Agreement and their removal will not affect the legality and validity of the remaining part of the Agreement. In such a case, the existence of another similar term will be considered enforceable instead of the term that has been deleted or removed.
9.3 Any delay, waiver, extension, delay, or failure on the part of the Company to exercise its rights and/or demand compliance with the Agreement and/or its consent to deviate from the Agreement will not constitute a precedent, will not be considered a waiver and/or consent by the Company and a similar outcome should not be inferred from them regarding other cases.
9.4 The Agreement does not create and will not be construed as creating any partnership, joint venture, employer-employee relationship, agency, or agent relation between any User and the Company.
9.5 The company may freely assign, without your consent or approval, The Agreement (including other agreements you may have with us) and our rights and obligations under these agreements to an affiliate or another entity in connection with a corporate transaction or otherwise.
10. Contact
10.1 With regards to any matter, question, and/or request, please contact support@cubu.com Any correspondence with the Company must include your name, company name if relevant, and an email address to respond to your request. The Company will endeavor to respond to any reasonable request within a reasonable time. Unless you have stated otherwise at the beginning of your correspondence to us, any content you submit to us in this manner will be considered non-confidential and non-proprietary to you, and through submitting this content to us you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
10.2 Any message sent by the Company to the User according to the email address filled in by the User when entering their details upon registration or in the required place requesting their contact details will be considered as having been delivered after 48 hours.
11. Statute of Limitation
11.1 Without derogating from the Agreement, the User is aware, agrees, and hereby confirms that the statute of limitations period for any claim and/or demand and/or lawsuit against the Company, will be limited to a period of six (6) months, and the parties regard this as an agreement regarding the statute of limitations period, as defined under the Israeli Statute of Limitations Law, 1958.
12. Jurisdiction and Choice of Law
12.1 Regarding the use of the Website and/or Services and/or any claim and/or demand and/or lawsuit arising from their use and/or everything related to or arising from the receipt of the Company's Services and/or anything and everything else directly or indirectly related to the Website, only Israeli law shall apply. The exclusive jurisdiction concerning the aforesaid will be given to the authorized court in the city of Tel Aviv-Yafo, and the substantive and procedural law that will apply will be Israeli law, which will prevail over any rules that refer to the application of different law.