1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Qubanix Private Limited ("Qubanix", "we", "us", or "our"). By accessing or using our website at qubanix.com, contacting us, or engaging our services, you agree to these Terms and our Privacy Policy.
If you are entering into an agreement on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree to these Terms, do not use our website or services.
2. Our Services
Qubanix provides technology services including software development, web and mobile application development, AI and automation solutions, cloud and DevOps services, data and analytics, UI/UX design, digital transformation consulting, and dedicated development teams.
Information on this website is provided for general informational purposes and does not constitute a binding offer. Specific project scope, deliverables, timelines, fees, and service levels are defined only in a written proposal, statement of work, master services agreement, or other signed contract ("Client Agreement").
If there is any conflict between these Terms and a signed Client Agreement, the Client Agreement will prevail for that engagement.
3. Eligibility and Account Responsibility
You must be at least 18 years old and capable of forming a binding contract to use our website or engage our services. You agree to provide accurate and complete information when contacting us or submitting forms.
You are responsible for maintaining the confidentiality of any credentials, access links, or project environments provided to you, and for all activity conducted under your account or authorized access.
4. Acceptable Use
You agree not to:
- Use the website or our services for any unlawful, fraudulent, or harmful purpose.
- Attempt to gain unauthorized access to our systems, networks, or client environments.
- Interfere with or disrupt the integrity or performance of the website or related systems.
- Upload or transmit malware, spam, or malicious code.
- Scrape, crawl, or harvest data from the website in a manner that violates applicable law or our robots instructions.
- Misrepresent your identity, affiliation, or authorization.
- Use our services to build or deploy systems that violate applicable law, third-party rights, or ethical AI standards agreed in writing.
We reserve the right to suspend or restrict access if we reasonably believe you have violated these Terms or applicable law.
5. Intellectual Property
Unless otherwise agreed in writing, Qubanix and its licensors retain all rights, title, and interest in and to the website, branding, logos, content, designs, methodologies, templates, pre-existing tools, libraries, and know-how used to deliver services.
Upon full payment under a Client Agreement, ownership or license rights to project-specific deliverables will be governed by that Client Agreement. Unless expressly transferred, Qubanix may retain the right to reuse general knowledge, non-confidential techniques, and non-proprietary components developed during an engagement.
You may not copy, modify, distribute, reverse engineer, or create derivative works from our website content or proprietary materials except as permitted by law or with our prior written consent.
6. Client Responsibilities
If you engage Qubanix for services, you agree to:
- Provide timely access to information, stakeholders, systems, and approvals required for delivery.
- Ensure that content, data, and instructions you provide do not infringe third-party rights or violate applicable law.
- Review deliverables within agreed review periods and provide clear feedback.
- Maintain appropriate backups and security controls for your own systems and data.
- Obtain any third-party licenses, consents, or approvals necessary for the project.
Delays caused by missing inputs, approvals, or access may affect timelines and may require a change request or additional fees under the Client Agreement.
7. Fees, Invoices, and Payment
Fees, payment schedules, taxes, expenses, and refund terms are specified in the applicable Client Agreement or proposal. Unless otherwise stated, invoices are payable within the period specified in the invoice.
Late payments may incur interest or suspension of work as permitted by the Client Agreement or applicable law. You are responsible for applicable taxes, duties, and withholdings unless otherwise agreed in writing.
8. Confidentiality
Each party may receive confidential information from the other in connection with an inquiry or engagement. Both parties agree to use confidential information only for the permitted purpose and to protect it using reasonable care.
Confidentiality obligations do not apply to information that is publicly available without breach, independently developed, rightfully received from a third party, or required to be disclosed by law, provided reasonable notice is given where permitted.
9. AI and Automation Services
AI-related services may involve third-party models, APIs, and infrastructure providers. Outputs generated by AI systems may be probabilistic and may contain errors, omissions, or inaccuracies. You are responsible for reviewing AI-generated outputs before relying on them in production or business-critical workflows unless otherwise agreed in writing.
Qubanix does not guarantee that AI systems will achieve specific accuracy, uptime, or business outcomes unless expressly stated in a Client Agreement. Use of AI services must comply with applicable laws, platform terms, and any industry-specific requirements relevant to your business.
10. Disclaimers
THE WEBSITE AND ANY PRE-SALES INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the website will be uninterrupted, secure, or error-free, or that defects will be corrected. Any material downloaded or obtained through the website is accessed at your own risk.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUBANIX WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUBANIX'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS WILL NOT EXCEED INR 10,000 OR THE AMOUNT PAID BY YOU TO QUBANIX IN THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER, EXCEPT WHERE LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW.
For paid client engagements, liability limits may be further defined in the applicable Client Agreement.
12. Indemnification
You agree to indemnify, defend, and hold harmless Qubanix, its directors, partners, employees, and contractors from and against claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Your use of the website in violation of these Terms or applicable law.
- Content, data, or instructions you provide to us.
- Your infringement or alleged infringement of third-party rights.
- Your misuse of deliverables contrary to agreed scope or applicable law.
13. Termination
We may suspend or terminate your access to the website at any time if we reasonably believe you have violated these Terms or applicable law. For client engagements, termination rights are governed by the applicable Client Agreement.
Sections that by their nature should survive termination — including intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and governing law — will survive.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of India, without regard to conflict of law principles. Subject to any mandatory provisions of applicable law, the courts at Lucknow, Uttar Pradesh, India shall have exclusive jurisdiction over disputes arising out of or relating to these Terms or use of the website.
Before initiating formal proceedings, the parties agree to attempt to resolve disputes in good faith through direct communication within 30 days.
15. Changes to These Terms
We may update these Terms from time to time. The revised version will be posted on this page with an updated "Last updated" date. Continued use of the website after changes become effective constitutes acceptance of the revised Terms, except where prohibited by law.
16. Contact Us
If you have questions about these Terms, contact us at:
- Qubanix Private Limited
- Premashray, Sector-D, Jankipuram Garden, Lucknow, Uttar Pradesh 226021, India
- Email: hello@qubanix.com
- Website: https://qubanix.com/contact