esports ventures UG (haftungsbeschränkt)   Sophienstraße 75, 64711 Erbach
Geschäftsführer: Ali-Pierre Chahine    eMail: support@cubiex.com
Handelsregister: HRB 98099 beim Amtsgericht Darmstadt    USt.-ID: DE 322 068 389

Privacy Policy

Information in accordance with Art. 13 of the GDPR

Privacy Policy

The protection of your PERSONAL data is a top priority for our team at CUBIEX. We, therefore, process your personal data ONLY AS INDICATED in this Privacy Policy WHICH IS CONSTUED UNDER AND IN ACCORDANCE WITH the provisions of the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

Content

Who Is Responsible for the Processing

Whom You May Contact Concerning Privacy Matters

Personal Data We Process When You Create an Account etc. (incl. ReCaptcha)

Chats and Messaging Services

Providing Content on Cubiex

Personal Data We Process When You Visit Our Website

How We Make Use of Cookies

Under Which Circumstances We Track Your Visit to Our Website

Personal Data We Process When You Contact Us

With Whom We Share Your Personal Data

Which Rights Do You Have as a Data Subject

Under Which Circumstances You Have a Specific Right to Object

Which Security Measures We Have Implemented

How We May Update Our Privacy Policy

Who Is Responsible for the Processing

This privacy policy pertains to data processing by all office locations and through all online services of Cubiex. Cubiex is run by:

esports ventures UG (haftungsbeschränkt)

Sophienstraße 75, 64711 Erbach

eMail:                 info@cubiex.com

acting as controller within the meaning of the GDPR. Any reference herein to “Cubiex” or the words “we” or “us” shall be understood as a reference to esports ventures UG (haftungsbeschränkt) in its capacity of controller.

Whom You May Contact Concerning Privacy Matters

Cubiex is under no obligation to appoint data protection officer. However, as your privacy is very important to us, you may at any time contact us concerning privacy matters, preferably by sending us an eMail to info@cubiex.com.

Personal Data We Process When You Create an Account etc. (incl. ReCaptcha)

Making full use of Cubiex services requires your registration as a user. For registration purposes, you only need to create a user name and leave your eMail address. Furthermore, for security purposes, you have to enter a password that will, at a later stage, allow you to log-in to Cubiex. Once you have finished registration by accepting the Cubiex User Agreement, we will send you an automatic eMail to the address provided during the registration procedure. This eMail will contain a link you will have to click in order to finalize your registration. We haven built this procedure to make sure that only the actual holder of an eMail account may create a profile on Cubiex connected with such eMail account. These processing activities are required in the context of forming an agreement between you and Cubiex and, therefore, legitimized under Art. 6 (1), sentence 1, lit. b of the GDPR. Furthermore, we have a legitimate interest to make the registration procedure as secure as possible, whereas the processing of your personal data is also covered by Art. 6 (1), sentence 1, lit. f of the GDPR.

Once you are registered, you may log-in to Cubiex and create your account (profile). You may then also provide us and other users with further information about you, e.g. tell other people where you live, how experienced you are in certain games, what you are looking for in the network. Which further information you share is entirely up to you. You may also at any time delete information from your profile which will then not be displayed any longer to other users. Thus, any processing of further information will solely be based on your freely given consent, Art. 6 (1), sentence 1, lit. a of the GDPR. However, the more information you share, the easier it will be for other users to connect with you through the search engine on Cubiex. If you do not share any further personal data, the only information on you provided to other users would be your user name.

Chats and Messaging Services

Cubiex offers you a variety of tools to interact with other users of the platform, including audiocalls, videocalls, text chats, and file transfer options. Which information you share with other users through these tools, is entirely up to you. Also, any information you share via these tools will remain between you and the other user(s) you include in the communication. We will, however, provide the necessary technique to allow user communication, and we will also store your text chats on our server so that you can follow up on a chat at a later stage. But we will not in any way make use of the contents of such inter-user communication. You may also at any time delete information from chats which will then not be displayed any longer to other users. Any processing in this respect will, thus, solely be based on your freely given consent, Art. 6 (1), sentence 1, lit. a of the GDPR.

Providing Content on Cubiex

Cubiex encourages its users to share useful gaming information and opinions through articles on the platform. Such content you share on the platform will be marked with your user name, and other users will have the possibility to react to your content through like and comment functions. Which information you share with other users through articles or by liking or commenting articles, is entirely up to you. We will analyze and display your articles to other users to help them find the useful information you share. Your likes and comments will also be connected to your user name and displayed to other users of Cubiex. You may, however, at any time edit or delete articles, likes or comments which will then not be displayed any longer to other users. Any processing in this respect will, thus, solely be based on your freely given consent, Art. 6 (1), sentence 1, lit. a of the GDPR.

Personal Data We Process When You Visit Our Website

When you access our website, the browser deployed on your terminal device will automatically send information to our website server. This information is temporarily saved in a so-called log file. In this process, the following information will be collected without any action on your part and stored until its automated deletion, usually after one week:

• IP address of the computer sending the request,
• Date and time of website access,
• Name and URL of the retrieved file,
• Website from which our site was accessed (referral URL),
• Browser used and, if applicable, your computer’s operating system as well as the name of your access provider.

The above-listed data will be processed by us for the following purposes:

• Ensuring a smooth connection setup to the website,
• Ensuring easy use of our website,
• Evaluation of system security and stability,
• Clarification of any improper page access (DoS/DDoS attacks, etc.), as well as
• Further administrative purposes.

The legal basis for the processing of personal data is Art. 6 (1), sentence 1, lit. f, of the GDPR. Our legitimate interest is derived from the above-listed purposes for data collection. We generally do not use collected data for the purpose of drawing conclusions about your person. However, we reserve the right to do so if required to investigate improper website access.

How We Make Use of Cookies

We use cookies on our website. Cookies are small files automatically created by your browser when you visit our site and stored on your device (laptop, tablet, smartphone, etc.). The cookie contains information, the exact content of which depends on the specific device you are using. However, that does not mean that we thereby receive direct knowledge of your identity.

We also use cookies to make our site easier for you to use. For example, we use session cookies to tell us that you have already visited individual pages of our website. These session cookies are automatically deleted after you leave our site.

To optimize the user-friendliness of our site, we also use temporary cookies that are retained on your device for a specified period of time. If you visit our site again to use our services, the site automatically knows that you have visited us before and what data and settings you have entered so you do not have to enter them again.

We process the data collected in the form of cookies on the basis of our legitimate interests, if the cookies are used only to optimize your visit to our site (Art. 6 (1), sentence 1, lit. f of the GDPR).

You can also configure your browser so that cookies are not (or no longer) saved on your device, or so that a notice always appears before a new cookie is saved. However, if you deactivate all cookies you may not be able to use all the functions of our website.

Under Which Circumstances We Track Your Visit to Our Website

For the purpose of designing and continuously optimizing our website according to our visitors’ needs, we use Google Analytics, a web analysis service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. We do so only on the basis of your consent (Art. 6 (1), sentence 1, lit. a, of the GDPR), which you can voluntarily give us by clicking on the corresponding button in the “cookie banner” when you call up the website. Data will also regularly be transmitted to Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) as part of the processing described below. Google Ireland Limited and Google LLC are hereinafter jointly referred to as “Google”. Google has adopted the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework, and, thereby, ensures that the level of data protection is adequate even when data is processed in the United States.

Google Analytics creates pseudonymized user profiles for us. To do so, Google uses cookies. These are small files that your browser automatically creates and that are stored on your device (laptop, tablet, smartphone, etc.) when you visit this website. The cookie is used to store information that is related to the specific device you are using. However, this does not mean that we will immediately become aware of your identity. These cookies are automatically deleted after 14 months.

The Google Analytics cookies collects information about your use of this website, such as

• Browser type/version,
• operating system,
• Referrer URL (the previously visited page),
• Host name of the accessing computer (IP address),
• Time of the server request.

These data are transferred to a Google server in the USA and stored there. Google will use them to evaluate the use of our website, to compile reports on website activity and to provide other services relating to website activity and internet usage. We may use this information for market research purposes and to tailor our internet pages to meet our visitors’ requirements. The data may also be transferred to third parties if this is required by law or if third parties act as sub-processors of Google. Under no circumstances will your IP address be merged with other Google data. The IP addresses are regularly anonymized within the European Union or the EEA and only then transferred to the USA, so that an assignment is not possible (IP masking).

You can avert the collection of data generated by the cookie and relating to your use of our website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=en).

As an alternative to the browser add-on, especially for browsers on mobile devices, you can also avert Google Analytics from collecting these data by clicking on this link. An opt-out cookie is set to prevent your data from being collected when you visit this website in the future. The opt-out cookie applies only to this browser and only to our website and is placed on your device. If you delete the cookies in this browser, you will need to set the opt-out cookie again.

Further information on data protection in connection with Google Analytics can be found in the Google Analytics help section (https://support.google.com/analytics/answer/6004245?hl=en).

Personal Data We Process When You Contact Us

If you have questions of any kind, we offer you the option to contact us by telephone or via email. If you make personal data available to us via these routes or through our website (e.g. via a contact form), we will only store and use this data on the basis of Art. 6 (1), sentence 1, lit. a, of the GDPR, to process your inquiries or on the basis of Art. 6 (1), sentence 1, lit. b, of the GDPR if the subject of your inquiry relates to (pre-)contractual information.

You may revoke your consent to the processing of the provided data at any time by sending an email to info@cubiex.com. In this case, we will delete your data, unless we have a legal retention obligation (for example, if you send us a pre-contractual message via the contact form which then becomes the basis of a contractual relationship, or if your message refers to existing contractual relationships).

With Whom We Share Your Personal Data

Your personal data will not be disclosed to third parties except for the purposes described herein.

Apart from the specific purposes indicated in the relevant sections of this Privacy Notice, we may share your personal data for the following general purposes:

• We maintain contracts with IT service providers as well as infrastructure and platform service providers to process your personal data. This data processing occurs within the European Union. Our legitimate interest is to guarantee reliable and safe data processing for the performance of our activities and the management of Cubiex with the support of professional service providers. All such service providers are bound to strict secrecy and act as processors within the meaning of the GDPR.

• On our website, we use links to the social network Facebook on the basis of Art. 6 (1), sentence 1, lit. f of the GDPR in order to present and make ourselves better known via this platform. The underlying advertising purpose is to be regarded as a legitimate interest within the meaning of the GDPR. The social network Facebook is operated by Facebook Ireland Ltd., 4 Grand Canal Square Grand Canal Harbour, Dublin 2, Ireland, whereby data is also transferred to Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA on a regular basis (Facebook Ireland Ltd. and Facebook Inc. hereinafter jointly referred to as “Facebook”). Facebook has submitted itself to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework, and is thereby committed to maintaining an appropriate level of privacy protection even when personal information is transferred to the United States.

When you access Facebook's website from our website, your browser connects directly to Facebook's servers. Facebook may then collect and process information for the purposes of advertising, market research and tailoring its pages to your needs. For this purpose, Facebook creates extensive usage, interest and relationship profiles, e.g. to evaluate the use of the websites and the Internet as a whole with regard to the advertisements displayed to the user, to inform other users of the social network about the activities of the user and to provide further services associated with the use of Facebook.

The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as the related rights and setting options to protect the privacy of users can be found in the following Facebook data protection information: https://www.facebook.com/about/privacy/.

With regard to the use of our Facebook page, there is a joint controllership between us and Facebook within the meaning of Art. 26 GDPR. For this purpose, we have concluded a corresponding agreement with Facebook, which you can access here: https://www.facebook.com/legal/terms/page_controller_addendum. This applies in particular to the processing described below: When you visit our Facebook page, Facebook collects, among other things, your IP address and other information that is available on your PC in the form of cookies. This information is used to provide us, as the operator of the Facebook pages, with statistical information about the use of the Facebook page. Facebook provides further information in this regard under the following link: https://www.facebook.com/legal/terms/page_controller_addendum. You have agreed to this evaluation of your visit (also) by us by accepting Facebook's terms of use, Art. 6 (1), sentence 1, lit. a of the GDPR. However, we would like to point out that the statistical evaluations do not allow us to draw any conclusions about specific users.

In addition, we provide information about our own data processing on Facebook as follows: We may use your comments and ratings as an opportunity to respond to this with our own comments. To this end, we make use of our legitimate interest in interacting with active users of our Facebook page (Art. 6 (1), sentence 1, lit. f of the GDPR). If you have any questions, we offer you the opportunity to contact us via personal messages on Facebook. Your Facebook username will be automatically disclosed to us. In this event, we process your personal data as described as set out above (Personal Data We Process When You Contact Us).

• Further social networks

Which Rights Do You Have as a Data Subject

Under the GDPR, you may exercise the following rights towards us:

• You may obtain information from us about the personal data we process according to Art. 15 of the GDPR. In particular, you may request information about the purposes of the processing, the categories of personal data, the categories of recipients to whom your personal data have been or will be disclosed, the envisaged period for which the personal data will be stored, the existence of the right to request rectification, erasure, restriction of processing or to object, the right to lodge a complaint, the source of your data if they were not collected from you directly, as well as the existence of automated decision-making, including profiling, as well as meaningful information about the associated details.
• You may request without delay the rectification of incorrect or incomplete personal data stored by us according to Art. 16 of the GDPR.
• You may request, according to Art. 17 of the GDPR, the erasure of personal data stored with us, unless the processing is necessary for exercising the right of freedom of expression and information, full compliance with legal obligations, for reasons of public interest, or for the establishment, exercise or defense of legal claims.
• You may request restriction of processing your personal data according to Art. 18 of the GDPR, if you contest the accuracy of the data, if the processing is unlawful but you oppose the erasure of the data, and if we no longer need the personal data but you require them for the establishment, exercise or defense of legal claims, or if you exercised your right to object to processing according to Art. 21 of the GDPR.
• You may request your personal data, which you have provided to us, in a structured, commonly used and machine-readable format or demand the transmission to another controller according to Art. 20 of the GDPR.
• You may lodge a complaint with a supervisory authority in accordance with Art. 77 of the GDPR. You can generally contact the supervisory authority at your usual place of residence or workplace or at our seat for this purpose.

Under Which Circumstances You Have a Specific Right to Object

To the extent your personal data is processed on the basis of legitimate interests pursuant to Art. 6 (1), sentence 1, lit. f, of the GDPR, you have the right to object to the processing of your personal data pursuant to Art. 21 of the GDPR on grounds relating to your particular situation To exercise this right to object, it is sufficient to send an email toinfo@cubiex.com.

Which Security Measures We Have Implemented

During your website visit, we use common SSL (Secure Socket Layer) encryption together with the highest encryption level that is currently supported by your browser. This is generally 256-bit encryption. If your browser does not support 256-bit encryption, we will instead use 128-bit v3 technology. You can determine whether an individual page of our website is transmitted in encrypted form by looking for the locked display of the lock or key symbol in the bottom status line of your browser.

We also use appropriate technical and organizational security measures to protect your data from accidental or malicious tampering, partial or total loss, destruction and unauthorized third-party access. Our security measures are continuously updated as the technology evolves.

How We May Update Our Privacy Policy

This Privacy Policy is valid as of October 2019. As a result of the evolution of our website and the Cubiex services, or as a result of modified legal or official requirements, it may occasionally be necessary to amend this Privacy Policy. You can at any time consult and print out the current data protection notice from the website.

However, once we change our Privacy Policy, we will inform registered users by sending an eMail to the address used for the respective user account. We do so on the basis of our legitimate interest to keep our users up to date concerning their privacy (Art. 6 (1), sentence 1, lit. f of the GDPR).

Terms of Use and Customer Information

Cubiex User Agreement

THIS CUBIEX USER AGREEMENT IS ENTERED BETWEEN you, a gamer using the cubiex platform (“platform”) for private purposes and, thus, as a consumer, (“user” OR “YOU”) AND esports ventures UG (haftungsbeschränkt) a german limited liability company with its registered seat at SophienstraSSe 75, 64711 Erbach (“cubiex”), AS SERVICE PROVIDER FOR the cubiex web platform. THE TERMS AND CONDITIONS OF the cubiex user agreement WILL BE LEGALLY BINDING ON YOU UPON THE EFFECTIVE DATE. YOU AND cubiex may INDIVIDUALLY be referred to as A “PARTY” AND COLLECTIVELY AS THE “PARTIES”.

Content

What Forms a Part of the Agreement

How We May Change the Cubiex User Agreement

How You Enter into a Cubiex User Agreement

What Duties You Have When Using the Cubiex Platform

Which Rights of Use Do You Grant Us When Creating Content and How Content Is Handled

What Is Our Intellectual Property and Which Rights of Use We Grant You

Which Duties We Have Towards You and How We Handle Our Liability Towards You

What We May Do If You Are in Breach of Your Duties

What Term the Cubiex User Agreement Has

How Either Party May Terminate the Cubiex User Agreement

Which Law Applies to the Cubiex User Agreement

What Either Party May Do in Case of a Legal Dispute

Which Rights You Have as a Consumer and Other Important Consumer Information

What Forms a Part of the Agreement

Entire Agreement. This Cubiex User Agreement comprises the entire agreement between you and Cubiex and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the Parties regarding the subject matter contained herein. No modification or amendment of this Agreement shall be effective unless in text-form.

Severability.  If any provision in this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, all other provisions shall remain in full force and effect.

Waiver. The failure of either Party to enforce any right or provision in this Cubiex User Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by that Party in writing.  

How We May Change the Cubiex User Agreement

Validity. This Cubiex User Agreement is valid as of October 2019. As a result of the evolution of the Platform and the Cubiex services, or as a result of modified legal or official requirements, it may occasionally be necessary to amend this Cubiex User Agreement. You can at any time consult and print out the current Cubiex User Agreement from the website.

Modifications. However, once we change our Cubiex User Agreement, we will inform registered Users by sending an eMail to the address used for the respective user account. You may then decide whether you want to terminate the Cubiex User Agreement or make further use of the Platform. Your deliberate decision to log-in to the Platform after receipt of a modified version of the Cubiex User Agreement will be deemed and understood as your declaration of acceptance concerning this modified version of the Cubiex User Agreement. We, therefore, recommend that you thoroughly check your eMail account and carefully read any modified version of the Cubiex User Agreement we may provide from time to time as described above.

How You Enter into a Cubiex User Agreement

Registration. Making full use of Cubiex services requires your registration as a User. For registration purposes, you only need to create a user name and leave your eMail address. Furthermore, for security purposes, you have to enter a password that will, at a later stage, allow you to log-in to Cubiex.

Confirmation. Once you have finished registration by accepting the Cubiex User Agreement, we will send you an automatic eMail to the address provided during the registration procedure. This eMail will contain a link you will have to click in order to finalize your registration. Only this eMail shall be understood as a binding offer by us to enter into a Cubiex User Agreement with you, and only your click on the confirmation link shall be understood as your acceptance of this offer. Thus, a binding contract will be concluded between you and us, only if and at the time you click on the confirmation link (herein the “Effective Date”).

Log-in. Once you are registered, you may log-in to Cubiex and create your account (profile). You may then also provide us and other users with further information about you, e.g. tell other people where you live, how experienced you are in certain games, what you are looking for in the network. Furthermore, following your log-in, you may experience all functionalities of the Platform, e.g. create, like and share articles or other useful information (“Content”) and connect with other Users.

What Duties You Have When Using the Cubiex Platform

Use of the Platform.  You will: (a) be responsible for all activity occurring under your User account and your compliance with this Cubiex User Agreement; (b) use reasonable efforts to prevent unauthorized access to or use of the Platform through your User account, and notify Cubiex promptly of any such unauthorized access or use; (c) use the Platform only in accordance with the Cubiex User Agreement and applicable laws and government regulations; and (d) provide Cubiex with all reasonably available information if you report a non-conformance in the Platform so that Cubiex may diagnose and remedy such non-conformance.

Compliance with Laws. You are solely responsible for, and agree to comply with, all applicable laws, statutes, ordinances, and other governmental authority, however designated, with respect to the use of and access to the Platform, including without limitation United States government laws, regulations, orders or other restrictions regarding export from the United States and re-export from other jurisdictions of software, technical data and information or derivatives of such software, or technical data and information. The Platform may be subject to export laws and regulations of the U.S. and other jurisdictions. You will not access or use the Platform in a U.S.-embargoed country or in violation of any U.S. export law or regulation.

Third-party claims. If you become aware of a third party's allegation that the provision and/or use of the Platform infringes its industrial property rights or those of other third parties, you shall inform Cubiex accordingly. As far as possible, Cubiex will take over, at its own expense, the defense against claims asserted on the basis of the alleged infringement of industrial property rights and conduct any negotiations regarding the settlement of the legal dispute.

Which Rights of Use Do You Grant Us When Creating Content and How Content Is Handled

Confidentiality. Content contains your personal data and will not be accessed, used or disclosed by Cubiex except as explicitly set forth herein and in the Privacy Policy. You have sole responsibility for the entry, deletion, correction, accuracy, quality, integrity, legality, reliability, appropriateness and intellectual property ownership or right to use the Content. Cubiex will not be responsible for any destruction, damage, loss or failure to store any Content beyond its reasonable control or resulting from a failure in data transmission or operation of the Platform by you.

Bring Your Own Data. You will be responsible for any Content that you upload to or share on the Platform, and in particular, it is your sole responsibility to ensure that your Content is collected and further processed in compliance with Data Protection Laws, and that it does not violate any third party Intellectual Property Rights.

Rights Granted to Us Concerning Content. Notwithstanding the afore-said, when uploading or otherwise creating Content on the Platform, you grant us the revocable, worldwide, royalty-free, unlimited and sublicensable right to use the Content as required in order to run the Platform, including but not limited to the right to copy, store, make available through public networks, edit and display the Content.

Indemnification. You will indemnify and defend Cubiex against any and all costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of a claim by a third party alleging that the Content infringes its Intellectual Property Rights or a violation of laws and/or regulations, including, but not limited to, Data Protection Laws or laws related to export controls. However, in such event, Cubiex reserves the right to suspend your access to the Platform, if and inasmuch it is required to safeguard its own or the legitimate interests of other Users. The rights and remedies granted to Cubiex under this section shall only apply if you acted at least negligently and, in this event, shall state your entire liability, and Cubiex sole and exclusive remedy, with respect to an infringement by you of a third party's Intellectual Property Rights.

Deletion upon Expiration. You agree and acknowledge that Cubiex has no right or obligation to retain Content more than thirty (30) days after termination or expiration and will destroy Content in its possession or control thirty (30) days after termination or expiration of this Cubiex User Agreement, unless where you or Cubiex is aware that a statutory obligation that requires Cubiex to retain some of the Content. In such circumstances, of which you or Cubiex shall inform the other Party in writing, prior to or at the time of termination, Cubiex will destroy these Content as soon as such statutory obligation to retain them expires. If you wish to receive your Content after expiration or termination of the Cubiex User Agreement and before its deletion in accordance with the above, please refer to the Privacy Policy for your right to data-portability.

Your Ideas. By providing to Cubiex any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the Platform (“Ideas”) you agree and/or undertake that (a) Ideas do not contain the confidential or proprietary information of third parties, (b) Cubiex is under no obligation of confidentiality, express or implied, with respect to the Ideas, and (c) Cubiex may have something similar to the Ideas already under consideration or in development. You, as regards Ideas, grant Cubiex an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute and sublicense any Ideas.

What Is Our Intellectual Property and Which Rights of Use We Grant You

Cubiex Intellectual Property. No jointly owned Intellectual Property Rights is created under or in connection with this Cubiex User Agreement. Cubiex owns all right, title and interest, including all related Intellectual Property Rights, in and to the Platform and the Aggregated Data. The foregoing also includes any and all system performance data and machine learning, including machine learning algorithms, and the results and output of such machine learning. In addition, you acknowledge that Cubiex may use, copy, extract, modify, distribute, analyze, compile and display the Aggregated Data for routine business purposes, including without limitation for developing, enhancing, improving, and supporting Cubiex products and services, or as required by law, and may share versions of the Aggregated Data. Cubiex name and logo, and the product names associated with the Platform are or may be trademarks of Cubiex, and no right or license is granted to use them under this Cubiex User Agreement.

Rights of Use and Usage Limit.  Cubiex hereby grants you, subject to the availability, a non-exclusive, non-transferable, worldwide right to use the Platform, solely for your own private purposes, subject to the terms of this Cubiex User Agreement. All rights not expressly granted to you are reserved by Cubiex.

Restrictions. You are not allowed to and will not: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform or your Account, except as otherwise expressly permitted under this Cubiex User Agreement; (b) modify or make derivative works based upon the Platform or otherwise violate Cubiex Intellectual Property Rights in the Platform; (c) create Internet “links” to the Platform; (d) reverse engineer or access the Platform in order to: (i) build a competitive product or service; (ii) build a product using similar ideas, features, functions or graphics of the Platform; or (iii) copy any ideas, features, functions or graphics of the Platform; (e) send or store infringing, obscene, threatening, libelous or otherwise unlawful or tortious material to the Platform; (f) send or store material containing viruses, worms, Trojan horses, spam or other harmful computer code, files, scripts, agents or programs to or from the Platform; (g) interfere with or disrupt the integrity or performance of the Platform or the data contained in it, including but not limited to engaging in denial of service attacks; (h) attempt to gain unauthorized access to the Platform or its systems or networks; or (i) use the Platform in violation of any applicable law including but not limited to Data Protection Laws.

Which Duties We Have Towards You and How We Handle Our Liability Towards You

Provision of the Platform.  Cubiex will at no charge: (a) subject to the availability make the Platform available to you pursuant to this Cubiex User Agreement; and (b) provide you with applicable support for the Platform.

Protection of Personal Data and Content. Cubiex will maintain administrative, physical and technical safeguards designed to protect the security, confidentiality and integrity of your personal data and any Content. Those safeguards will include, but will not be limited to, measures intended to prevent unauthorized access, use, modification or disclosure of personal data and/or Content. Cubiex shall only access your Content: (a) to support your use of the Platform and prevent or address service or technical problems; or (b) as you expressly permit in writing. Specifics on the technical and organizational measures implemented to protect your personal data are set forth in greater detail in the Privacy Notice.

Cubiex Personnel. Cubiex will be responsible for the performance of its personnel (including employees and contractors) and their compliance with the obligations set forth in this Cubiex User Agreement.

Cubiex Warranties.  Cubiex warrants that, when used in accordance with the Documentation, the Platform will perform substantially in accordance with the Documentation. In the event of defects or malfunctions attributable to Cubiex, Cubiex may initially remedy the defect. Subsequent performance shall be effected at the discretion of Cubiex either by eliminating the defect or by providing a defect-free Platform. A delivery of updates or upgrades which do not contain the defect or of a patch which remedies the defect shall also be deemed subsequent performance.

Limitations of Warranties. You acknowledge that Cubiex does not control the transfer of data over communications facilities, including the Internet, and that the Platform may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. In addition, Cubiex shall not be liable if the use of the Platform is impaired due to improper installation, operation or maintenance by you or a third-party on your behalf. In particular, any warranty shall be excluded for impairments caused by the fact that the Platform is used under conditions that do not correspond to the hardware and software environment specified in the Documentation.

Liability. With the exception of liability under the German Product Liability Act (“Produkthaftungsgesetz”), liability due to injury to life, limb or health, and in the event of willful misconduct or gross negligence, Cubiex liability shall be excluded.

What We May Do If You Are in Breach of Your Duties

Suspension for Ongoing Harm. Cubiex reserves the right to periodically verify your compliance with the use of the Platform. If Cubiex determines a breach of the Cubiex User Agreement, you will work with Cubiex in good faith to seek to remedy such breach so that your use of the Platforms conforms to the provision of the Cubiex User Agreement. Please note that also other Users may report Content that, in their opinion, violates the Cubiex User Agreement. If, notwithstanding Cubiex efforts, you do not or are unwilling to abide by your contractual duties, Cubiex may with notice to you suspend your access to the Platform if Cubiex reasonably concludes that your instance of the Platform is being used to engage in denial of service attacks, spamming, misappropriation of the third party rights or illegal activity, and/or that use of your instance of the Platform is causing immediate, material and ongoing harm to Cubiex or others. In the extraordinary event Cubiex suspends any such Platform access, Cubiex will use commercially reasonable efforts to limit the suspension to the offending portion of your User account on the Platform and work with you to resolve the issues causing such suspension, and, as appropriate in light of the circumstances, promptly provide you with a new User account to access the Platform. You agree that Cubiex shall not be liable for any suspension of the Platform under the circumstances described in this section.

What Term the Cubiex User Agreement Has

Term. This Cubiex User Agreement commences on the Effective Date and will continue for unless it is terminated by either Party.

How Either Party May Terminate the Cubiex User Agreement

Ordinary Termination. If you want to terminate the Cubiex User Agreement you may do so at any time by providing us with a respective termination notice in text-form (e.g. by eMail), such termination becoming effective to the end of the next calendar month. If we want to terminate the Cubiex User Agreement, we will give you at least ninety (90) days’ termination notice.

Termination For Cause. Either Party may terminate this Cubiex User Agreement for cause: (a) upon at least thirty (30) days’ written notice to the other Party of a material breach if such breach remains uncured at the expiration of such period; or (b) if the other Party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.  

Which Law Applies to the Cubiex User Agreement

Governing Law. This Cubiex User Agreement will be governed by German law without regard to the choice or conflicts of law provisions of any jurisdiction, unless the laws of your country of residence provide a higher level of consumer protection.

What Either Party May Do in Case of a Legal Dispute

Jurisdiction. Any disputes, actions, claims or causes of action arising out of or in connection with this Cubiex User Agreement will be subject to the exclusive jurisdiction of the courts located in Berlin, Germany, if you are not located elsewhere in Germany.

Which Rights You Have as a Consumer and Other Important Consumer Information

ODR-Platform. The EU Commission has established an online platform to resolve online disputes (“ODR-Platform”). The ODR-Platform serves as a point of contact for consumers that aim to resolve disputes arising from online purchase or service agreements. You may contact the OS-Platform through this link: http://ec.europa.eu/consumers/odr/. Our eMail address you may indicate in the context of using the ODR-Platform is info@cubiex.com.

Other Alternative Dispute Resolution Proceedings. Notwithstanding the above, we are neither obliged nor willing to participate in other alternative dispute resolution proceedings, including but not limited to alternative consumer dispute resolution proceedings in accordance with the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz).

Storage of the Agreement. We will not store the text of the Cubiex User Agreement after the Effective Date for the purpose of making it accessible to you upon request. Thus, we recommend that you download the Cubiex User Agreement during the registration procedure or immediately thereafter.

Language of the Agreement. The language of the Cubiex User Agreement is English. Even if we provide the Cubiex User Agreement in other languages, this shall solely be understood as a service towards you to and neither of these other language versions shall prevail over the English text of the Cubiex User Agreement.

Force Majeure. Neither Party will be liable to the other for any delay or inability to perform its obligations or otherwise if such delay or inability arises from fire, natural disaster, act of government, riot, civil disturbance, or any other cause beyond the reasonable control of such Party (“Force Majeure Event”). In such a Force Majeure Event, the time for performance will be extended for a period of time equal to the length of the delay or inability to perform. Either Party may terminate this Agreement if the Force Majeure Event continues for more than eight (8) weeks.