Terms of Use
Thank you for choosing Quibitt Solutions Inc. (“Quibitt”, “Qubit App,” “we,” “our,” or “us”). These Terms of Use (“Terms”) govern your use of our services, including our website, platform, mobile applications, and related services (collectively, the “Services”). By accessing or using the Services, you agree to these Terms in their entirety. If you do not agree to these Terms, you must not use our Services.
Introduction
Purpose
Quibitt is a cutting-edge building management platform designed to streamline operations for property managers and enhance the living experience for residents. Our Services provide tools for managing multiple aspects of building operations, including maintenance tracking, key management, resident communication, and billing management. These Terms set forth the rules and guidelines for using the Services and aim to ensure a secure, transparent, and productive environment for all users.
Who We Serve
Our Services are tailored for various stakeholders in building management, including but not limited to: Property Owners and Managers, Residents, and Concierge/Maintenance Teams.
Your Agreement
By using our Services, you enter into a binding agreement with Quibitt Solutions Inc. governed by these Terms. This agreement applies to all interactions with our platform, whether as a property manager, resident, or other authorized user.
Support and Contact
For questions regarding these Terms or the Services, please contact us at: Support: support@quibittapp.com; Business Inquiries: business@quibittapp.com; Mailing Address: Quibitt Solutions Inc., 6087 Eaglewood Dr, Niagara Falls, Ontario, Canada. We aim to respond within two business days.
Definitions
Definitions
For the purposes of these Terms, the following definitions apply:
- All products, platforms, and software provided by Quibitt, including building management tools, resident mobile applications, dashboards, and support systems.
- Any individual or entity accessing or using our Services, including managers, residents, maintenance staff, and administrators.
- A user responsible for managing buildings, resident records, and administrative functions via the platform.
- An individual residing in a building managed through Quibitt who interacts with the platform for services such as maintenance requests, package notifications, and updates.
- A resident whose status is marked as active for billing and management purposes.
- Includes text, images, data, files, and other materials created, uploaded, or shared through the Services.
- A registered user profile enabling access to the Services.
- The subscription tier selected by a manager, determining features and pricing.
Acceptance of Terms
Agreement to Terms
By using the Services, you confirm that you have read, understood, and agree to these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization.
Minimum Age Requirement
You must be at least 18 years old, or the age of majority in your jurisdiction, to access and use the Services. By creating an account, you affirm that you meet this requirement.
Additional Policies
These Terms incorporate the following policies by reference: Privacy Policy and Refund Policy.
Changes to Terms
We reserve the right to update or modify these Terms at any time. Changes take effect 30 days after posting. Continued use after 30 days constitutes acceptance of the updated Terms.
Account Registration and Responsibilities
Eligibility to Register
To access some features of the Services, you must register. All provided information must be accurate, complete, and current, and you must meet eligibility and age requirements.
Account Types
Quibitt offers Manager Accounts, Resident Accounts, and Team Accounts based on user roles and permissions.
Account Security
Users are responsible for keeping their account credentials confidential. You must use a secure password, update it regularly, and notify Quibitt of any unauthorized access.
Prohibited Account Activities
Do not share your credentials, use another’s account without permission, create multiple fraudulent accounts, or misrepresent your identity.
Suspension and Termination
Quibitt may suspend or terminate accounts that violate these Terms, engage in fraudulent or abusive behavior, or remain inactive for extended periods.
Use of Services
Permitted Use
Users agree to use the Services solely for lawful purposes in accordance with their assigned roles and permissions.
Prohibited Activities
Do not attempt unauthorized access, introduce harmful code, engage in excessive automated use, misuse data, or conduct any unlawful behavior.
Service Availability and Updates
While we strive for 24/7 access, scheduled maintenance and unexpected outages may occur. Features may change without prior notice.
Compliance with Building Regulations
Managers must ensure that their platform usage complies with local building regulations. Quibitt is not liable for non-compliance by users.
Subscription and Payment
Subscription Plans
Subscription tiers are based on the number of active residents managed. Additional features might incur extra charges as outlined in the pricing documentation.
Billing and Payment Terms
Payments are processed automatically on a monthly or annual basis. Accepted payment methods include credit cards, ACH transfers, and more. Update your payment info if a charge fails, or access may be suspended.
Invoice and Receipts
Invoices and receipts are accessible via your dashboard, including a detailed breakdown of charges.
Late Payments and Penalties
Late payments may incur interest charges and may result in service suspension until payment is received.
Refund Policy
Refund requests are evaluated individually according to the Refund Policy, which addresses eligible refunds and non-refundable fees.
Privacy and Data Security
Privacy Policy Overview
We collect data such as user profiles, building details, and transactions to deliver the Services. This data is used for operational purposes, troubleshooting, analytics, and service improvement.
Security Measures
Quibitt employs SSL/TLS encryption, role-based access controls, and regular security audits to safeguard your data.
User Responsibilities for Data Security
Keep your credentials secure, report any suspected breaches, and use secure devices/networks when accessing the Services.
Data Retention
We retain your data as long as necessary for operational and legal purposes. Data deletion requests will be processed subject to legal obligations.
Intellectual Property
Ownership
All intellectual property rights in the Services are owned exclusively by Quibitt or its licensors.
User Content
While you retain ownership of your uploaded content, you grant Quibitt a non-exclusive, royalty-free license to use, store, and process it as needed.
Restrictions
You may not reproduce, distribute, or create derivative works from Quibitt’s property without consent, use scraping tools, upload infringing material, or misuse trademarks.
Third-Party Content
The Services may include third-party links or integrations, for which Quibitt is not responsible.
Warranties and Disclaimers
Services Provided 'As-Is'
The Services are provided on an 'as-is' and 'as available' basis, without any express or implied warranties regarding uninterrupted service, accuracy, or compatibility.
Disclaimed Warranties
To the fullest extent permitted by law, Quibitt disclaims all implied warranties, including those of merchantability, fitness for a particular purpose, and non-infringement.
No Guarantee of Results
There is no guarantee that using the Services will produce specific results; you are responsible for using the tools appropriately.
Limitations of Liability
General Limitation
Quibitt shall not be liable for indirect, consequential damages, losses from unauthorized access, or interruptions due to system outages.
Maximum Liability
In no event will Quibitt's total liability exceed the amount you paid for the Services in the preceding 12 months.
Exclusions
These limitations are subject to non-waivable rights under applicable consumer protection laws.
Indemnification
User Obligations
You agree to indemnify, defend, and hold Quibitt and its affiliates harmless from claims arising from your misconduct, unauthorized use, or any third-party claims related to your content.
Indemnification Scope
Your indemnification covers legal expenses, including attorney fees, court costs, and settlements or judgments incurred by Quibitt.
Cooperation
Quibitt may assume exclusive defense in any indemnified matter, and you agree to cooperate fully in that defense.
Termination
Termination by Quibitt
Quibitt may suspend or terminate your account for breach of these Terms, non-payment, fraudulent activity, or actions that compromise the Service’s security or stability. In such cases, your data may be deleted without further notice.
Termination by User
You may terminate your account at any time by contacting support or following the termination instructions in the platform.
Effect of Termination
Termination may result in loss of stored data and you remain liable for any outstanding charges. Archived data may be retained for up to 30 days for retrieval purposes before permanent deletion.
Dispute Resolution
Informal Resolution
Before pursuing legal action, you agree to first contact support@quibittapp.com to attempt an informal dispute resolution within 30 days.
Arbitration Agreement
If a dispute is not resolved informally, it will be settled through binding arbitration in Ontario, Canada, under the applicable rules.
Class Action Waiver
You waive the right to participate in any class action against Quibitt.
Governing Law
These Terms are governed by the laws of Ontario, Canada.
Governing Law
Jurisdiction
These Terms are governed exclusively by the laws of Ontario, Canada. You agree to submit to the jurisdiction of Ontario’s courts for legal proceedings.
Compliance with Laws
You agree to comply with all applicable local, provincial, and federal laws when using the Services.
Legal Enforcement
If any provision is unenforceable under applicable law, the remaining provisions will continue in full force.
Miscellaneous
Entire Agreement
These Terms, along with any policies or agreements expressly incorporated, constitute the entire agreement between you and Quibitt.
Severability
If any provision is invalid, it shall be severed while the remaining provisions continue in force.
Waiver
Failure to enforce any provision by Quibitt does not constitute a waiver unless confirmed in writing.
Assignment
You may not assign your rights or obligations under these Terms without prior written consent. Quibitt may assign these Terms at any time without notice.
Force Majeure
Quibitt is not responsible for delays or failures in performance caused by events beyond its control, such as natural disasters, war, or labor disputes.
Contact Information
Communication Channels
For questions or support regarding these Terms, contact support@quibittapp.com or business@quibittapp.com.
Response Times
Quibitt aims to respond to inquiries within two business days, though times may vary.
Mailing Address
All written correspondence should be addressed to: Quibitt Solutions Inc. hello@quibittapp.com.
Updates to These Terms
Right to Update
Quibitt reserves the right to update or modify these Terms at any time to reflect legislative or operational changes.
Notification of Changes
Significant changes will be communicated via email, in-app notifications, or posted updates on our website.
Continued Use
Continued use of the Services after changes means you accept the updated Terms; if you disagree, you must stop using the Services.
User-Generated Content
Ownership of Content
You retain ownership of any content you upload, but by doing so you grant Quibitt a non-exclusive, royalty-free, perpetual, and worldwide license to use, store, display, modify, and distribute your content as needed.
Prohibited Content
Do not upload content that includes copyrighted materials without permission, personal information of others, or proprietary business information.
Content Monitoring and Removal
Quibitt reserves the right to review, monitor, or remove any User Content that violates these Terms without any obligation to actively monitor all content.
Third-Party Services and Integrations
Use of Third-Party Services
The platform may include integrations with third-party tools (e.g., Stripe). By using these, you agree to their respective terms.
No Responsibility for Third-Party Actions
Quibitt is not responsible for any issues arising from third-party services integrated with the platform.
Disconnection of Services
You may disconnect third-party integrations, but this may limit your access to certain features.
Feedback and Suggestions
Voluntary Submissions
Feedback is welcomed and provided voluntarily, with no expectation of compensation, and Quibitt may use it for any purpose.
Ownership of Feedback
All submitted feedback becomes the property of Quibitt and may be used without any restrictions.
Mobile Application-Specific Terms
App Store Terms
Users accessing the Services via a mobile app agree to abide by the terms of the applicable app store (e.g., Apple’s App Store, Google Play Store).
Updates and Upgrades
Mobile app updates, including bug fixes and new features, must be downloaded and installed to ensure proper functionality.
Mobile-Specific Features
The mobile app may include features such as push notifications and offline access to certain functionalities.
Accessibility
Commitment to Accessibility
Quibitt is committed to ensuring its platform is accessible to all users, complying with standards such as WCAG and AODA.
Reporting Accessibility Barriers
If you experience accessibility issues, please report them to support@quibittapp.com.
Accessibility Tools
The platform may include features like text-to-speech, adjustable font sizes, and keyboard navigation to improve accessibility.
Marketing and Communication
Consent to Communication
By creating an account, you consent to receiving service updates, account notifications, and marketing communications from Quibitt.
Opting Out of Marketing
You may opt out of marketing emails by using the unsubscribe link, adjusting account preferences, or contacting support@quibittapp.com. This does not affect essential service notifications.
Data Portability and Deletion
Data Portability
You may request a copy of your data in a structured, machine-readable format by contacting support@quibittapp.com. We will respond within 30 days after identity verification.
Data Deletion
You can request deletion of your personal data by submitting a request to support@quibittapp.com. Some data may be retained for legal reasons.
Limitations
Deleted data may not be recoverable. Anonymized data, however, may be retained for analytical purposes.
Children’s Privacy
Restricted Use for Minors
The Services are not intended for individuals under 18 years of age.
Parental Consent
In jurisdictions where parental consent is required, minors cannot create accounts without explicit parental approval. Parents must contact Quibitt directly.
Violation of Policy
If an account is found to be created by a minor without appropriate consent, it will be suspended or deleted and all associated data removed.
Beta Features or Trials
Experimental Features
Beta features or trial versions are provided 'as-is' for testing purposes and may not include full warranties.
Feedback Collection
Participants in beta programs may be asked for feedback, which will become Quibitt’s intellectual property.
No Guarantee of Availability
Beta features may be modified or removed at Quibitt’s discretion without notice.
Limited Liability
Quibitt is not liable for any issues, data loss, or disruptions arising from the use of beta features.
Legal Notices
Notices to Users
Legal notices may be provided via email, platform notifications, or website updates. It is your responsibility to keep your contact information current.
Notices to Quibitt
Users may send legal notices to Quibitt at the registered address or via email at legal@quibittapp.com.
Receipt of Notices
Notices sent via email are considered received 24 hours after delivery; mailed notices are received five business days after postmark.
Taxes
Tax Responsibilities
You are responsible for understanding and complying with all applicable tax regulations (VAT, GST, sales tax, etc.).
Taxes on Subscriptions
Subscription fees are subject to Ontario’s Harmonized Sales Tax (HST) and will be itemized on invoices.
Withholding Taxes
In some jurisdictions, withholding taxes may apply. You agree to ensure Quibitt receives the full subscription fee.
Export Controls
Compliance with Export Laws
The Services are subject to export control laws. You agree to comply with all applicable export and re-export restrictions.
Restricted Territories
You agree not to use the Services in countries subject to comprehensive sanctions or embargoes such as North Korea, Iran, or Syria.
Prohibited Activities
You may not use the Services to export sensitive technology, software, or data to restricted regions or to facilitate prohibited transactions.
Language of the Agreement
Official Language
These Terms are provided in English, which is the official language for all agreements with Quibitt. A French translation may be requested, but the English version prevails in case of discrepancies.
Conflicts in Interpretation
If discrepancies exist between translated versions, the English version shall prevail.
Requests for Translations
Users may request additional translations by contacting support@quibittapp.com, although Quibitt is not obligated to provide them.