TERMS OF USE (END USER) OF THE QBI SOLUTIONS PLATFORM
The QBI SOLUTIONS platform (hereinafter the "Platform") has been designed, developed and made available to users by the company QBI SOLUTIONS, S.L.U. (hereinafter "QBI SOLUTIONS"), established in Antonio Maura, 10 - 2 and 4 floor, 28014, Madrid, and VAT No. B87796785
These terms of use (hereinafter, the “Terms of Use”) govern the access and use by users of the Platform as well as the service provided by QBI SOLUTIONS (hereinafter the "Service") in virtue of the agreement (hereinafter “License Agreement”) signed by and between QBI SOLUTIONS and the Company you represent and/or which has authorised you to use the Platform (hereinafter, the “Company”).
Both texts expressly govern the relationship between QBI SOLUTIONS and you as a user of the Service provided through the Platform and therefore are accepted by you in order to become a User. In case of conflict between the terms included in these Terms of Use and the License Agreement, the License Agreement will always prevail.
Please, read carefully these Terms of Use, which contain all the information regarding your rights and obligations as a User of the Service. The access and/or use of the Platform implies that you have read, understood and accepted, unconditionally, each and every of the following Terms of Use. Otherwise, you should not access or use the Platform.
1. Description of the Service.
The purpose of the Service is the provision by QBI SOLUTIONS of a business intelligent platform addressed to the energy sector and focused on monitoring and centralizing information derived from renewable energy assets. Thus, the users of the Platform will be able to analyse and process information more efficiently, allowing them to make business decisions with a higher level of detail.
The abovementioned Service is provided through the Platform, through which you, as a user ("You", or the "User", indistinctly), will be able to access to some information and functionalities that QBI SOLUTIONS has designed, developed and included in the Platform.
2. Registration procedure
In order to access the Platform, the User must follow the registration procedure, which will be managed directly by the Company. The collection and processing of your personal data will be subject to the provisions of the Privacy Policy.
During the registration procedure at the Service, you must choose a password, and you are obliged, under your sole responsibility, to keep it safe and secret. QBI SOLUTIONS shall not be liable for any misuse of the user name or password and for any consequences of any kind arising from the misuse by the User of the user name and/or password, their loss or oblivion, or their misuse by unauthorized third parties.
You represent and warrant that the information you provide for registration in the Service, as well as any other personal and/or business information you provide to QBI SOLUTIONS, is true, accurate and up to date and that you will be responsible for communicating any changes or updates to such information.
Only persons over the age of eighteen (18) may use the Service. By accessing the Service, you represent and warrant that you are eighteen (18) years old or older being fully responsible for this statement. Additionally, you represent and warrant that you have been authorised by the Company to use the Platform.
QBI SOLUTIONS cannot guarantee the identity of users, who assume full responsibility in the event of fraudulent registration or impersonation.
You guarantee the veracity of such data and the validity and sufficiency of the authorization received, if any, from the Company. QBI SOLUTIONS may require you to prove your identity and, if applicable, the authorization to act on behalf of the Company by providing a photocopy of your ID card or equivalent document. Failure to provide this information within the time limit indicated by QBI SOLUTIONS may lead to the closure of your User Profile and even the termination of the Service.
3. Forbidden uses
You are entirely responsible of your access to the Platform and the correct use of the Service and your User under the applicable legislation in Spain (either national or international) as well as the principles of good faith and public order, with your commitment to diligently comply with any instruction regarding said access and use given to you by QBI SOLUTIONS in light of these Terms of Use.
You are obliged to make a reasonable use of the Service, its contents and its features, in accordance with the possibilities and purposes for which they have been designed. In any case, the use of the Platform will be limited to those internal purposes of the Company which are covered by the License Agreement and these Terms of Use.
As a User of the Service we inform you that it is FORBIDDEN the access or use of the Platform for unlawful or non-authorized purposes, with or without economic purpose and thus any consequences arising from said illegal or non-authorized purposes will be your sole responsibility. In particular, but not limited to, the following actions are forbidden:
1.	Using the Platform to post comments that are insulting, intimidating, degrading, discriminatory, that incite violence or anyhow infringe someone’s honor or privacy.
2.	Using the Platform in order to send commercial communications.
3.	Using the Platform in any other way which constitutes a commercial use.
4.	Using any technical, analytical or technological resource by meanings of which any person, User of the Service or not, may benefit from the contents and features of the Platform, either directly or indirectly and with or without economic purpose.
5.	Carrying out any action that may disable, overcharge or affect the correct functioning or aspect of the Platform.
6.	Introducing computer viruses, faulty files, or hosting, storing, distributing or sharing any other material or computer software that may cause damages or alterations to the contents, programs and systems of the Platform.
7.	Altering or modifying parts of the Platform, avoiding, activating, deactivating or manipulating in any way any of the functions of the Platform.
8.	Using or reselling with economic purposes the contents and/or features accessible through the Platform without an authorization to do so.
9.	Storing illegal contents that infringe third party´s rights in or through the Platform.
10.	Creating a fake identity, supplying and/or using fake data in the User Profile, or registering a User Profile in the name of another person, including any kind of use of the identity of a third party and, in particular, impersonation.
11.	Transfer, sell, market, rent, lease, lend, license, distribute, disclose, publish, assign, market, grant or convey any other rights whatsoever in the Software or any portion thereof to any third party.
12.	directly or indirectly, in whole or in part, modify, change, translate, reverse engineer, decrypt, decompile, disassemble, make error corrections to, create derivative works based on, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Platform, except where legally allowed.
13.	Use the Platform, its contents or the QBI SOLUTIONS trademarks in a manner that a third party may reasonably believe they are owned or copyrighted by Company.
14.	Use the Platform for illicit, unlawful, misleading or deceptive purposes, and in general for any purposes other than those stipulated in these Terms of Use.
15.	Any other use prohibited under the License Agreement.
The performance of any of the above practices defined as forbidden uses or any others that are not subsumable in the category of permitted uses as defined, will entitle QBI SOLUTIONS to adopt the measures it considers necessary at its sole discretion, or at the request of the affected third party or competent authority. The adoption of such measures will not give right to any compensation.
You are solely responsible for the information, opinions, allusions or content of any kind that you may communicate through the Service.
4. Disclaimer
4.1. Contents provided by Users
If any content, file, information, publicity, opinion, concept and image provided by the User as a result of the use of the Service are contrary to these Terms of Use, law, morality, good faith and public order, infringe the rights of third parties or contain any type of virus or similar software routine, they will be removed.
The User will be solely liable for the contents provided through the Service. QBI SOLUTIONS shall not be liable for the contents, files, informations, publicity, opinions, concepts and images that do not depend on the normal use of the Service or that are not managed by QBI SOLUTIONS.
QBI SOLUTIONS will not assume any liability, either directly or indirectly, arising from an improper use of the Service by the User. Indeed, the User will in any case solely assume any liability (towards QBI SOLUTIONS or any third party) arising from the consequences, damages or actions that may result from the User´s access or use of the Service.
In particular, you represent and warrant that you are the owner of all intellectual property rights over the content not provided by QBI SOLUTIONS that you add to the tools that the Platform makes available to you, and you warrant that such content is not contrary to these Terms of Use, law, good faith and/or public order, and does not infringe the rights of third parties or contain any computer virus or similar software routine.
Therefore, QBI SOLUTIONS does not assume any kind of liability, whether direct or indirect, derived from the contents included by the User and those generated by the User through the corresponding tools.
4.2. Functioning of the Service
QBI SOLUTIONS provides its Service and contents by using all the technical means at its disposal to provide them satisfactorily. You accept that there might be discontinuity in the provision of the Service due to specific needs, failures that may not be controlled by QBI SOLUTIONS, maintenance, overloads, etc. The liability arising from a discontinued provision of the Service due to the above reasons may in no event be attributed to QBI SOLUTIONS.
When QBI SOLUTIONS deems it appropriate, it shall conduct any correction, improvement or modification of the contents and/or features of the Platform, without said corrections, improvements or modifications leading to any right to claim or to be compensated, neither to any kind of recognition of liability by QBI SOLUTIONS.
QBI SOLUTIONS shall not be liable for any damages of any kind that may arise from the availability and technical continuity of the Service that may depend on third parties. In case of technical failure, QBI SOLUTIONS will carry out all the necessary acts to restore the Service.
You are solely and exclusively liable for your identification and access to the contents and features of the Platform.
QBI SOLUTIONS shall not be liable for any damages of any kind which may arise from the unauthorized access by third parties to your data and the use they make of the Service through said data. When you register and make use of the Service you accept that the data transmitted through the internet is not totally protected considering that the security measures online are not impregnable.
4.3. Contents linked from the Platform
QBI SOLUTIONS shall not be liable for any content, file, information, opinion, concept and image that appear, are published or distributed directly or indirectly through websites accessible through the Platform, any linked websites accessed through the Platform through links, or any of the services which are linked or related to said linked websites.
5. Intellectual Property
5.1. Rights over the Platform and its contents
QBI SOLUTIONS is the owner or licensee of all intellectual and industrial property rights over the Platform and all its contents.
Indeed, all the contents of the Platform are protected by intellectual and industrial property rights owned by QBI SOLUTIONS. We refer to, without exclusion and not limited to, all drawings, pictures, illustrations, sketches, information, articles, data, texts, logos, trademarks, distinctive signs, icons, images, designs and images (“look and feel”), video files, audio files, data bases and software.
5.2. License granted to the User
QBI SOLUTIONS grants the Users a non-exclusive and non-transferable license to use the Platform.
It is prohibited any form of reproduction, distribution, public communication, transformation, making available and, in general, any act of exploitation with, or without, commercial purposes of all or part of the contents (images, texts, designs, indexes, forms, etc.) of the Platform, as well as the databases that are displayed through the Platform (including the corresponding sui generis right) and the software necessary for the visualization or operation of the Platform (including source codes), without the prior authorization expressly granted in writing by QBI SOLUTIONS.
Neither the User nor any third party may, under any circumstances, exploit or make commercial use, directly or indirectly, totally or partially, of any of the contents (images, texts, designs, indexes, forms, etc.) that are part of the Platform without the prior written authorization of QBI SOLUTIONS.
All trademarks and logos displayed on the Platform are the exclusive property of QBI SOLUTIONS. You cannot, under any circumstances, use such trademarks and logos without the express prior written authorization of QBI SOLUTIONS or their respective owners.
6. Changes and modifications of these Terms of Use
QBI SOLUTIONS may, at any time, modify these Terms of Use or introduce new conditions either for the entire Service or for the use of specific contents or features, only by notifying said modification to the User via the Platform.
In the event of modifications to the Service or to these Terms of Use, and if you do not express your opposition in writing and you continue to access the Platform or using your User, we will understand that you have accepted the new Terms of Use.
In the event of a regulatory action, legal or regulatory measure which, in the opinion of QBI SOLUTIONS, prohibits, substantially restricts or makes the provision of the Service unfeasible, QBI SOLUTIONS shall be entitled to: (i) modify the Service or the Terms of Use in order to adapt it to the new circumstances, (ii) interrupt the provision of the Service.
7. Data protection
QBI SOLUTIONS guarantees the security and confidentiality of the personal data provided by the User through the Platform. QBI SOLUTIONS will process the personal data in accordance with its Privacy Policy.
8. Unsubscribe from the Service
We inform you that your User profile will depend in any case on the Company, which may terminate your User profile at any time and at its sole discretion, in accordance with these Terms of Use and the License Agreement.
9. Governing law and jurisdiction
The interpretation of these Terms of Use shall be governed by Spanish law, and the Spanish courts of the city of Madrid shall be the competent courts to hear any dispute.