Last updated: March 20, 2026
XUBE is owned and operated by XUBE PTY LTD.
These are the terms and conditions for:
The following terms and conditions apply to the website and services offered by XUBE. By using the website and services offered by XUBE, you agree to be bound by these terms and conditions and our privacy policy.
In these terms and conditions, the words "website" refer to the XUBE website, "we", "us", "our" and "XUBE" refers to XUBE PTY LTD, "you", "customer" and "user" refers to you, a user or customer of XUBE and "services" refers to the products, services and solutions offered and provided by XUBE.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICES FROM XUBE.
1. ACCEPTANCE OF TERMS
This agreement sets forth the legally binding terms for your use of the website and services offered by XUBE. By accessing and using the website and its services, you agree to abide by the provisions of this agreement. If you do not agree to these terms, you must refrain from using the website and services. We reserve the right to modify this agreement at any time, and such modifications shall be effective upon posting on the website. By continuing to use the website and services following the posting of any modifications, you agree to be bound by the updated terms; therefore, it is important that you review this agreement periodically.
The services offered by XUBE are intended exclusively for persons over 18 years of age or who have reached the age of majority established by applicable law in the jurisdiction where the services are used. By accessing the services of XUBE, the user represents and warrants that it meets this age requirement. XUBE reserves the right to verify the age of users and to suspend or terminate any account or service if it is determined that the user does not meet this criterion.
XUBE reserves the right, in its sole discretion, to refuse to provide services to any user or customer and to modify its eligibility criteria at any time. This provision shall be inapplicable in those jurisdictions where it is prohibited by law and, in such cases, the right to access the website and services will be revoked.
By using the website and services, you represent and warrant that you have full power, authority and capacity to enter into this agreement and to perform all obligations hereunder. You further represent and warrant that you are not subject to any legal incapacity or contractual restriction that would prevent you from entering into this agreement.
2. DESCRIPTION OF SERVICES
XUBE provides a variety of services aimed at facilitating data acquisition and management (DAQ) for its customers. These services include the provision of specialised hardware, software as a service (SaaS), hardware as a service (HaaS), integration via application programming interfaces (APIs), customised solutions based on specific requirements and backend hosting. XUBE enables customers to implement and operate advanced data acquisition systems, ensuring an efficient flow of information from devices to customer systems.
XUBE hardware devices are designed to integrate effectively with a wide range of sensors and equipment, ensuring compatibility and functionality. The XUBE Platform provides centralised management tools including APIs to configure devices, monitor device status and manage data transfer. These services are complemented by the ability to customise solutions based on individual customer needs, including the procurement of additional components when required.
XUBE manages the collection and transfer of data from the customer's premises to its own systems, ensuring the integrity and security of the data in transit. The solutions designed by XUBE are developed after a thorough analysis of the customer's requirements, with the aim of optimising both the hardware and software systems needed to meet these objectives.
Customers access XUBE services through the purchase of hardware, subscriptions to the SaaS platform, payment for specific transactions such as data transfer or API calls, and customised services that are defined in a Statement of Work (SOW). This flexible business model allows customers to select and contract only those services that align with their operational needs, ensuring an efficient and scalable implementation.
XUBE acts as a strategic partner for data integration and management, enabling its customers to leverage advanced technological tools to turn sensors, devices and machines into connected assets. The services offered are intended to provide reliable technical solutions, meeting quality standards and ensuring results aligned with the operational and strategic needs of customers.
3. COMMUNICATIONS AND NEWSLETTER
By providing XUBE with your email address, you agree that we may use it to send you important communications about our services, news and special content. If you do not wish to receive these emails, you can unsubscribe by sending us your request through the contact information available in this policy or by using the ‘unsubscribe’ option available in some XUBE emails. Please note that this unsubscribe option is not available in all XUBE emails, in these cases you can send your unsubscribe request through our contact information. The request will be processed within a reasonable time. This unsubscribe option may prevent you from receiving emails about our services, important news and special content.
4. PUSH NOTIFICATIONS
XUBE may send push notifications to users through its applications and services to provide information related to hardware usage, system status, operational alerts and important updates on contracted services. These notifications are designed solely for operational, informational or maintenance purposes, and are intended to improve the user experience and ensure the proper functioning of the services. Users can manage push notification preferences through the device settings at any time, with the option to turn them on or off as needed. By using XUBE services and products, users agree to receive such notifications as part of the functionality of our services and products.
5. STATEMENT OF WORK
The provision of the services by XUBE shall be governed by the specifications detailed in a Statement of Work ("SOW") agreed between XUBE and the customer. The SOW is a binding document that describes in detail the scope of the services, the technical and functional specifications, the purpose of the engagement, the expected deliverables, the payment terms and conditions, the applicable licenses, as well as the specific requirements in terms of hardware and electronics needed for the project.
Each SOW will be individually negotiated and agreed with the Client prior to the provision of the services, and will serve as the main reference for all activities related to the project. Services shall be provided strictly in accordance with the terms and specifications set forth in the SOW, and any modifications, extensions or changes to the scope of services shall be documented and mutually approved by a written addendum to the existing SOW.
The customer is responsible for ensuring that the information and requirements provided for the preparation of the SOW are complete, accurate and accurately represent the customer's needs. XUBE reserves the right to make reasonable adjustments to the SOW to reflect changes in customer requirements, technological advances, or unforeseen circumstances, the customer will be notified of any reasonable adjustments within a reasonable time.
The SOW will also set out the licensing terms for any software, hardware or technology provided by XUBE in connection with the Services. This shall include, where applicable, rights of use, limitations on use, and any specific obligations related to compliance with applicable regulations or contractual restrictions with third parties.
Compliance with the deadlines set out in the SOW will depend on the cooperation of the Client, including the provision of access to facilities, data, personnel, or any other resources necessary for the execution of the project. XUBE shall not be liable for delays caused by failures or delays attributable to the customer.
By accepting a SOW, the customer acknowledges and agrees that such statement constitutes the sole operating agreement for the described project, and shall supersede any prior communications, unless otherwise specified in the general terms of this agreement. Any dispute relating to the interpretation or performance of the SOW shall be dealt with in accordance with the dispute resolution provisions described in these terms and conditions.
6. PLATFORM EXTENSIBILITY
The system provided by XUBE is designed with the flexibility to allow for expansion and adaptation over time. This includes the incorporation of new tools, functions and additional services that may be required to meet operational, regulatory or customer-specific requirements. XUBE reserves the right to develop and implement such extensions as necessary to enhance the functionality of the platform, optimise the user experience or respond to market demands. In addition, XUBE reserves the right to remove or modify functionality at its sole discretion.
Such enhancements may include, but are not limited to, integrations with third parties, improvements to existing capabilities, or the implementation of new technologies that add value to the contracted services. Any significant changes to the platform will be communicated to users, and, where applicable, new terms related to additional tools or services may apply.
The user acknowledges and agrees that these extensions are an integral part of the platform design and may be implemented, changed or removed at any time without prior notice, unless otherwise required by applicable law. The use of any new features or tools introduced shall be subject to the terms and conditions in effect at the time of implementation, and may require the acceptance of additional terms of use.
7. USER LOGIN AND AUTHENTICATION
To access the XUBE platform, users must log in using the available authentication options, which may include single sign-on (SSO) and federated authentication. These options are designed to simplify access and enhance security by allowing users to authenticate using their existing credentials from SSO-compliant systems or other authorised providers.
XUBE may also offer the possibility to authenticate through third party providers, such as Google and other systems based on OAuth and other protocols. These integrations allow users to log in using external accounts linked to trusted services, avoiding the need to create new credentials for the XUBE platform. By using an external provider for authentication, users authorise XUBE to receive and process basic authentication information provided by the third party, such as name, email address and access token.
Users are responsible for maintaining the security of their external accounts used to log in to the XUBE platform. XUBE shall not be responsible for unauthorised access resulting from the loss, compromise or misuse of credentials associated with an external provider. Furthermore, the use of these accounts shall be subject to both XUBE's terms and conditions and the third party provider's terms and conditions.
XUBE reserves the right to extend, modify or withdraw the authentication options available on the platform, and any changes will be communicated to users in a timely manner. Secure authentication is essential for the use of the XUBE platform and services, and by using any login method, the user agrees to comply with these provisions and to maintain the confidentiality of their credentials.
8. SITE VISITS
XUBE provides the specialised hardware necessary for the provision of the services contracted by the customer. In certain circumstances, it may be necessary to make on-site visits to the customer's premises, hardware installation locations, and other sites. These visits may be for the purpose of configuring, installing, correcting, testing, monitoring, intervening or ensuring the expected performance of XUBE products and services, as well as other operational reasons that may arise. The customer is responsible for ensuring proper access to its premises and for providing a safe environment and suitable conditions for the XUBE team or its designated partners carrying out such visits.
It is important to note that the XUBE team will not be the responsible party for on-site visits and installation of hardware, unless explicitly agreed otherwise in a contract or Statement of Work (SOW). In such cases, any obligations related to installation shall be subject to the specific terms set out in the relevant agreement. In general, the customer shall be responsible for ensuring that the installation process and any other related procedures are carried out correctly, in accordance with the technical specifications provided by XUBE.
All costs associated with on-site visits to the customer's premises are the sole responsibility of the customer. These costs may include, but are not limited to, flights, transport, meals and accommodation necessary for XUBE personnel or its designated partners to perform their tasks effectively. In addition, the customer shall provide the tools, equipment and any other resources needed on site to facilitate the successful execution of the tasks related to the provision of the services.
If the customer is unable to provide adequate access to the site or fails to provide the necessary conditions for the performance of the tasks, XUBE may be prevented from effectively providing its services. In such cases, any failure to provide the services due to the lack of cooperation of the customer will not be the responsibility of XUBE, and the costs associated with the scheduled visits will remain the responsibility of the customer.
9. CUSTOMER INFORMATION
The customer is responsible for providing XUBE with all necessary, complete and accurate information to ensure the proper implementation and operation of the products and services contracted. This information includes, but is not limited to, technical specifications, operational requirements, environmental constraints and any other relevant information that may influence the configuration, installation or provision of XUBE services. The quality and accuracy of the data provided by the customer is essential for XUBE to meet the objectives set out in the contractual agreements.
In the event that the customer provides incorrect, incomplete or outdated information, XUBE shall not be liable for any consequences that may arise from such omission or error. This includes, but is not limited to, the malfunction of products, delays in the provision of services, results different from those expected or the impossibility of executing the agreed tasks. In these circumstances, any additional work required to correct the problems caused by misleading, or the lack of sufficient or necessary information will be carried out under the responsibility of the customer, including the assumption of the associated costs.
XUBE reserves the right to review and amend the budgeted costs, timescales and requirements, and other aspects set out in the corresponding Statements of Work if it is identified that the information provided by the customer was incorrect or insufficient to ensure the success of the services. Such changes will be communicated to the customer in a timely manner, and XUBE shall not be liable for delays or additional costs arising from these modifications.
The customer acknowledges that the accuracy and completeness of the information provided are fundamental to the contractual relationship with XUBE. By accepting these terms, the customer assumes the responsibility to communicate in a timely manner any necessary updates, changes or corrections to the information provided, understanding that any failure to comply with this obligation may affect the quality and scope of the contracted services.
10. INTELLECTUAL PROPERTY AND LICENSES
XUBE retains all intellectual property rights related to its platform, its components, and any technology developed or used in the provision of the services, including but not limited to software, hardware, designs, specifications, processes and methodologies that may be added generically to the platform, regardless of whether they have been developed or refined as part of a specific Statement of Work (SOW). These rights remain the sole property of XUBE and are not transferred to the customer.
When XUBE develops customised solutions for a customer, any elements of the solution that are specific and unique to that customer will be licensed to the customer under exclusive terms that permit their use for the purposes detailed in the SOW or other relevant agreements. However, XUBE shall retain the intellectual property of all reusable, generic or pre-existing components, as well as any technology or elements that may be incorporated into other future implementations or projects. This includes, but is not limited to, APIs, software modules, hardware configurations, and any technical innovations that are not designed exclusively for a single customer.
Customer shall have exclusive title to data generated, collected or processed through the use of XUBE services or hardware. This includes all operational, performance or other data relating to its operations, which shall not be used by XUBE except with the explicit consent of the customer or for the purposes set out in these terms and conditions.
XUBE grants the customer a limited, non-transferable and non-sublicensable licence to use the customised solutions developed specifically for them within the framework of the contracted services. This licence shall be subject to the terms of the SOW and any additional agreements governing the use of such solutions. The licence allows the customer to use the solution exclusively for its own internal purposes and in accordance with the agreed specifications. The customer is not authorised to decompile, disassemble, modify or create derivative works of the licensed components, except to the extent permitted by applicable law.
In the case of elements jointly developed during the performance of a SOW that have the potential for widespread or generic use, XUBE reserves the right to integrate such elements into its platform or services for other customers. The customer shall have no ownership rights to such elements, even if they have been developed as part of a specific project.
11. SUBSCRIPTIONS
XUBE offers a monthly subscription model exclusively for business-to-business (B2B) customers, designed to provide flexibility and scalability in service delivery. Subscription fees are structured based on two key components: the number of active devices registered by the customer on the platform and the volume of transactional usage associated with those devices. This model allows customers to adjust their subscription level according to their operational needs, paying only for what they use.
The monthly subscription cost is calculated by combining the number of active devices with the volume of transactions performed on the platform, such as data transfers or API calls. Fees associated with transactional usage are subject to a sliding scale, where costs increase as transaction volume increases. This tiered model ensures that costs are proportional to the level of activity and operation of each customer.
To initiate subscription, XUBE requires an initial deposit which acts as a credit to cover subscription costs. This deposit is non-refundable in the event of cancellation of the service and will be consumed on a month-to-month basis according to the costs generated. Customers receive a monthly billing detailing the applicable charges based on the number of active devices and the volume of transactions made during the billing period.
XUBE reserves the right to adjust fees and usage scales, as well as subscription terms, with prior notice to the customer. These adjustments may respond to changes in internal policies, technological developments or market demands. By accepting these terms, the customer acknowledges and accepts that the subscription model is dynamic and designed to adapt to the needs of the parties involved.
The subscription is essential to ensure continued access to the platform and its associated services, as well as for the integration and management of the hardware provided by XUBE. This model allows customers to maximise the value of their technology investment and maintain efficient operations through a transparent and adaptable cost structure.
12. HARDWARE PAYMENTS
In addition to the costs associated with subscriptions, XUBE offers specialised hardware designed to integrate with the platform and facilitate data acquisition and management (DAQ). The hardware may include devices, sensors or other equipment necessary for the provision of the services contracted by the customer. These items are invoiced separately, and the costs are detailed in the specific invoices issued by XUBE.
The customer will be responsible for making payment for the equipment within the terms set out in the invoices, generally 30 days from the date of issue, unless a different term is agreed in the contract. Hardware specifications, including pricing, features and functionality, will be agreed in advance between XUBE and the customer, and will be included in the invoice or in a Statement of Work (SOW) associated with the project.
In the case of customised equipment or equipment tailored to specific customer requirements, XUBE will provide a detailed quotation including any additional costs associated with the design, development or special configuration of the hardware. These costs will be approved by the customer prior to production or delivery of the equipment.
XUBE guarantees that the hardware provided complies with the agreed technical specifications and is suitable for the provision of the contracted services. However, the customer shall be responsible for maintaining the equipment in optimum condition after delivery, including proper installation and compliance with the legal, environmental and technical requirements necessary for operation in the intended environment.
Any damage, loss or misuse of the hardware after delivery will be the sole responsibility of the customer. XUBE can offer maintenance or replacement services, if necessary, but these services may be subject to additional costs which will be invoiced to the customer.
In addition, if the project includes the purchase of hardware, the customer shall bear all additional costs related to the shipping of the hardware, customs or other fees related to the implementation of the project.
13. SERVICES UNDER STATEMENT OF WORK (SOW)
XUBE also offers additional services defined in specific Statements of Work (SOW), which describe the scope, timing, budget and conditions of the services required by the customer. By default, these services are charged at an hourly rate, unless a fixed price is agreed in advance, as indicated in the SOW.
In specific cases, customers may choose to contract monthly retainers to reserve a certain number of hours of service. These retainers guarantee the availability of XUBE resources and are payable regardless of whether or not the customer uses the booked services. These retainers will be regulated by separate contracts and are non-refundable.
The customer acknowledges and agrees that any additional transactions necessary to ensure the execution of a SOW, whether manual or automated, will be accounted for and reflected in the total costs of the service.
14. TERMS OF PAYMENT
Payments to XUBE must be made by bank transfer. Invoices will detail the amount, the terms of payment and the bank details required to make the transfer. The standard payment term is 30 days from the issuance of the invoice, unless a different term is agreed in the applicable contract. All prices are in USD, and the customer is responsible for any additional charges associated with the transfer, such as bank or exchange fees.
XUBE reserves the right to suspend or cancel services in the event of late or non-payment. It is also planned to incorporate credit card payments in the future, and the applicable conditions will be communicated to customers in due course.
15. GENERAL BILLING TERMS AND CONDITIONS
The customer is responsible for complying with the payment terms set out in invoices and contracts. Any modification to the billing conditions or contracted services will require a mutual written agreement between the customer and XUBE. Failure to pay within the agreed deadlines may result in the immediate suspension of services until the situation is regularised.
16. DEACTIVATION AND RETURN OF DEVICES
In the event that a customer decides to stop using the devices or hardware provided by XUBE, it is expected that these will be returned to XUBE in a functional state, except for normal wear and tear resulting from their use. This return allows XUBE to manage the devices in a sustainable manner, reusing or disposing of them in accordance with responsible and waste reduction-oriented practices. The return of devices is part of a shared commitment between XUBE and its customers to minimise environmental impact.
As long as the devices remain active on the customer's account, the fees associated with their use will apply, regardless of whether they are in operation or not. To deactivate a device, the customer must notify XUBE, who may proceed with its temporary deactivation (pause) or manage its definitive return. The devices can be paused for a maximum period of six months within a calendar year, unless a specific extension is agreed between XUBE and the customer. During this period, the device will not generate additional usage charges, but will remain registered on the customer's account as inactive.
If the pause period expires without the customer requesting an extension or arranging for the return of the device, the device will automatically be considered reactivated and the corresponding charges will re-apply. The customer may choose to pause it again or proceed with its definitive return, after coordination with XUBE.
The return of devices must be made in accordance with the instructions provided by XUBE, which will include details on packaging, shipping and any associated costs, such as transport fees or customs, which will be the responsibility of the customer. In the event that a device is not returned within the agreed time or in non-functional condition exceeding normal wear and tear, XUBE reserves the right to apply additional charges for repair, replacement or waste management.
17. LIMITATION OF LIABILITY
XUBE provides its services, hardware and technology solutions, including artificial intelligence (AI)-based capabilities, with the purpose of meeting the operational needs of its customers to the extent possible. All services, devices and functionalities are provided on an ‘as is’ basis and are subject to technical, operational and other limitations. XUBE does not guarantee that all requested functionalities or results will be completely feasible and shall not be liable for any failure to perform resulting from these limitations.
With regard to AI-based services and operations, XUBE clarifies that this technology acts as an assistance tool and not as an infallible solution. AI services, including data management, real-time operations, transformations and mapping, may contain errors or failures. The customer is responsible for monitoring and validating the results generated by the AI, and XUBE shall not be liable for any errors, omissions, interruptions or failures resulting from its use. XUBE shall not be liable for any direct, indirect, consequential, punitive or punitive damages or loss of data, profits or business opportunities caused by such errors or failures.
The customer is responsible for its use of data collected, processed or managed through the devices, hardware or services provided by XUBE. This includes, but is not limited to, ensuring compliance with all applicable local, national and international regulations relating to the acquisition, processing, storage, transfer and use of data. XUBE shall not be liable for any damages, claims or penalties arising from improper, illegal or unauthorised use of data by the customer.
In addition, customers and third parties who develop software, such as drivers, transformations or integrations, using the XUBE platform do so at their own risk. XUBE does not guarantee the functionality, compatibility or effectiveness of such software and shall not be liable for any problems, damages or interruptions that may arise from its use. Any technical support that XUBE may provide to integrate or troubleshoot problems related to third party software will be considered an additional service subject to specific terms agreed between the parties.
XUBE's total liability for any claim, loss or damage related to the use of its services, hardware or software shall be limited exclusively to the total amount paid by the customer to XUBE during the 12 months prior to the incident giving rise to the claim. In no event shall XUBE be liable for indirect, consequential, punitive damages, lost profits, business interruption or loss of data arising out of the use, misuse or inability to use its services, hardware or platform.
Customer is also responsible for ensuring compliance with all applicable laws and regulations in the jurisdiction where it uses XUBE's devices, services or platform. This includes, but is not limited to, regulations relating to data acquisition, privacy, export, health and safety. Any breach of these regulations shall be the sole responsibility of the customer, and XUBE shall have no liability whatsoever arising from such breaches.
These limitations of liability are essential to the agreement between the parties, and the customer acknowledges and agrees that any exceptions or modifications to them will require prior express written agreement with XUBE.
18. COPYRIGHT
All content on XUBE website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other items are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by XUBE or by third parties who have licensed or provided their material to the website. You acknowledge and agree that all materials on XUBE are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without XUBE prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorised attempt to modify any material, to defeat or circumvent any security features, or to utilise XUBE or any part of the material for any purpose other than its intended purposes is strictly prohibited.
19. COPYRIGHT INFRINGEMENT
XUBE will respond to all enquiries, complaints and claims relating to alleged infringement by breach or violation of the provisions contained in Australian and international copyright and intellectual property laws and regulations. XUBE respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the website infringes your copyright or other intellectual property rights, please submit your request via our contact information, with the following information:
20. PERSONAL DATA
Any personal information you submit in connection with your use of the website and our services will be used in accordance with our privacy policy. By using the website and our services, you consent to our collection and storage of your personal information. View our privacy policy for more information.
21. PROHIBITED ACTIVITIES
The following activities are prohibited:
22. DISCLAIMER OF WARRANTIES
XUBE provides and maintains the website on an "as is", "as available" basis and does not promise that use of the website will be uninterrupted or error free. We will not be liable to you if we are unable to provide the website or our services for any reason beyond our control.
Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse XUBE for any loss or damage caused as a result.
XUBE shall not be liable in any amount for any failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or any uncontrollable act of nature.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, XUBE excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to XUBE and XUBE shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
23. ELECTRONIC COMMUNICATIONS
XUBE will accept no liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection, availability of computer, telephone, cable, network, electronic or Internet hardware or software, for the acts or omissions of any user or third party, for the accessibility or availability of the Internet or for traffic congestion or unauthorised human action, including errors or mistakes.
24. INDEMNIFICATION
You agree to defend and indemnify XUBE from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
25. CHANGES
We may modify the website and these terms and conditions at any time and at our sole discretion. Any significant changes to these terms and conditions will be notified to the user or customer through any electronic means and will be posted on the XUBE website. Your continued use of the website and our services constitutes your acceptance of any changes to these terms and any such changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all of our users and customers.
26. INTEGRATION CLAUSE
This agreement together with the privacy policy and any other legal notices published by XUBE, shall constitute the entire agreement between you and XUBE concerning and governs your use of the website and the services.
27. FORCE MAJEURE
XUBE shall not be liable for any failure or non-performance of services due to causes beyond its reasonable control, including but not limited to acts of civil authorities, acts of military authorities, riots, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances and which may prevent the performance of our services.
28. DISPUTE RESOLUTION
Any dispute, controversy or claim arising out of or relating to XUBE's terms and conditions, including their interpretation, validity, performance or non-performance, shall be resolved through a structured alternative dispute resolution process, including mediation and binding arbitration, before resorting to court proceedings. Applicable law and dispute resolution mechanisms are determined as follows, depending on the region in which XUBE operates:
For users in Australia, any dispute will be governed by the laws of Australia, and mediation and arbitration will be conducted in accordance with the Rules of the Australian Centre for International Arbitration (ACICA).
For users in the United States, disputes shall be governed by the laws of the state where the customer is based or domiciled, to the extent not in conflict with these provisions. However, any mediation or binding arbitration will be conducted in Australia, in accordance with the ACICA Rules.
For users in the European Union, disputes will be governed by Regulation (EU) 593/2008 (Rome I) to determine the applicable law. In the absence of specific provisions, the laws of the country where the customer is domiciled shall apply. However, the place of mediation and arbitration will be Australia, under the ACICA Rules.
For users in Canada, disputes will be subject to the laws of the customer's province of residence, unless inconsistent with these terms and conditions, and arbitration will be conducted in Australia.
For users in India, disputes shall be governed by applicable local laws, including the Indian Contract Act of 1872, to the extent not inconsistent with the terms set forth herein. Mediation and arbitration will also be conducted in Australia.
For customers in other regions where XUBE operates, relevant local laws will apply, provided they do not conflict with the terms and conditions described herein, and arbitration and mediation will follow the ACICA Rules in Australia.
The procedure will begin with a mediation stage, where the parties will attempt to reach an amicable settlement. Either party may initiate mediation by giving written notice to the other, describing the nature of the dispute. Mediation must be initiated within 30 days of receipt of such notice and will be facilitated by a mutually appointed mediator or the ACICA.
If a solution is not reached through mediation within 60 days of its initiation, the parties may opt for binding arbitration, which will be administered under the ACICA Rules. The arbitration will be conducted in English and will take place in Australia. The decisions of the arbitrator shall be final, binding and enforceable in all applicable jurisdictions under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
This dispute resolution procedure does not limit the right of the parties to seek interim or provisional measures to protect rights or prevent irreparable harm, where necessary. These provisions ensure a consistent and fair approach to resolving disputes in all regions where XUBE operates, respecting local laws and applicable international standards.
29. APPLICABLE LAW
These terms and conditions are governed by and construed in accordance with the laws of Australia, regardless of where XUBE users or customers are located. Acceptance of these terms means that any dispute, controversy or claim arising out of or relating to these terms, including their interpretation, validity, performance or non-performance, shall be subject to Australian law.
For users in the United States, the European Union, Canada, India and other key regions where XUBE operates, these terms respect the mandatory local laws of each jurisdiction. In the event of a conflict between local laws and these provisions, mandatory local laws will apply, only to the extent necessary to ensure regulatory compliance in that jurisdiction, without affecting the general validity of the terms.
In offering global services, XUBE is committed to complying with the applicable local laws in each jurisdiction in which it operates, provided that these do not conflict with Australian law, which will be the primary basis of governance for these terms and conditions. This approach ensures consistency and respect for local and international regulations in all regions where XUBE provides its services.
30. FINAL PROVISIONS
Your use of our website and services is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth. This authorisation to use our services does not extend to jurisdictions where these provisions are not respected or applied.
Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those related to law enforcement and the use of our website. Information provided or collected in connection with the use of the website will be subject to these requirements.
In the event that any provision of these terms and conditions is declared invalid, illegal or unenforceable by a court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. Failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.
We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.
31. CLOUD SERVICES RESALE TERMS
If your Statement of Work (SOW) or contracted services include the provision of cloud services ("Cloud Services") sourced by XUBE from a third-party Cloud Service Provider ("CSP") via a Distributor, the following additional terms apply to your use of those Cloud Services:
Fees, Pricing, and Taxes: Notwithstanding any terms provided by the CSP or Distributor, this Agreement between you and XUBE exclusively governs the fees, payment terms, pricing, and tax obligations for your use of the Cloud Services.
Disclaimer of Liability: To the maximum extent permissible by law, both the Distributor and the CSP are completely disclaimed from any and all liability for all matters arising out of or related to the Cloud Services provided hereunder. For any issues, claims, or matters relating to the Cloud Services, you agree to look solely to XUBE.
No Representations or Warranties: XUBE makes no representations, warranties, or guarantees of any kind on behalf of the Distributor or the CSP. All Cloud Services are provided under the warranties (if any) expressly set forth by XUBE in this Agreement.
Proprietary Rights and Scope of Use: The CSP retains all proprietary rights in the Cloud Services. You agree to protect the CSP's proprietary rights to at least the same degree as the terms outlined in this Agreement. This Agreement does not grant you any rights or licenses to the Cloud Services beyond the scope expressly authorized herein. You are strictly prohibited from reselling, distributing, or sublicensing the Cloud Services to any third party.
Lawful Use and Acceptable Use Policy (AUP): You must use the Cloud Services strictly in accordance with all applicable laws and regulations. Furthermore, you agree to comply with the CSP's Acceptable Use Policy and any other applicable terms and conditions of use governing the Cloud Services.
Indemnification: You agree to fully indemnify, defend, and hold harmless the CSP, the Distributor, and their respective affiliates, officers, directors, employees, and representatives from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to your use of the Cloud Services, your content, or any breach of these terms.
Third-Party Beneficiaries: The CSP and the Distributor are specified as express intended third-party beneficiaries of the provisions within this Section 31, to the extent permitted by applicable law. As such, they hold the direct right to enforce these specific protections and restrictions against you.
Program Guide Review: You acknowledge that you have been directed to, and agree to review, the AWS Distribution Program Guide for End Customers, available at: https://distribution-program-legal-documents.s3-us-west-2.amazonaws.com/AWS+Distribution+Program+-+Program+Guide+for+End+Customers.pdf.
Data Consents: You grant XUBE, the Distributor, and the CSP all necessary consents to collect, process, transfer, and use your personal information and content as required to provide the Cloud Services, in accordance with applicable Data Protection Laws and their respective Privacy Notices.
32. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us using the contact information below:
XUBE PTY LTD - XUBE.
Email: help@xube.io