Terms and Conditions

Last Update: March 2023

This is an agreement between you (“You”) and SAB Power Ltd. (with its Affiliates, “qBLOC,” “we,” “us,” or “our”). Before using qBLOC products and/or services, please read these “Terms of Use,” “Licence and Warranty Agreement,” and other applicable terms mentioned herein (collectively, this “Agreement”). Please see our “Privacy Statement” to understand how we collect and process Your personal information.

This Agreement governs Your use of all qBLOC product(s), whether purchased now or in the future, which include the hardware, software, application(s) and any related firmware and documentation (collectively, the “Product(s)”) and services provided to You by qBLOC.

It is important that You read and understand the terms of this Agreement before purchasing, downloading, registering and/or otherwise using qBLOC Product(s) and/or Services.

By purchasing, downloading, registering, and/or otherwise using qBLOC Product(s) and/or Services, You are representing that You are over the age of 18, have the right and authority to legally bind Yourself or Your company, as applicable, and You signify Your agreement to be bound by terms of this Agreement. If You do not agree to all these terms or cannot make such representations, do not purchase, download, register, or otherwise use qBLOC Product(s) and/or Services.

Licence and warranty agreement

Software

  1. Software. The software, as embedded in the Product for the purpose of operating the Products, documentations, interfaces, content, fonts, and any data that came with Your Product (“Original Product Software”), as may be updated or replaced by feature enhancements, software updates, or system restore software provided by qBLOC (“Product Software Updates”) whether in read only memory, on any other media, or in any other form (the Original Product Software and Product Software Updates are collectively referred to as the “Product Software” or “Software”) are licensed, not sold, to You by qBLOC for use only under the terms of this Agreement. 
  2. Software Updates. qBLOC shall have no obligation to provide any updates or upgrades to any aspect of the Product(s). qBLOC, at its discretion, may make available future Product Software Updates. In the event that qBLOC does provide such update or upgrade, such updates or upgrades and any related documentation shall be deemed the Product(s). The Product Software Updates, if any, may not necessarily include all existing software features or new features that qBLOC releases for newer or other models of Product(s). The terms of this Agreement will govern any Product Software Updates provided by qBLOC, unless such Product Software Update is accompanied by a separate agreement, in which case You agree that the terms of that agreement will govern.
  3. Automatic Software Updates. We may, from time to time, develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the Product(s) and/or Services. These may be automatically installed without providing any additional notice. 

Grant of Licence

  1. Subject to the terms and conditions of this Agreement, qBLOC grants to You a worldwide, non-exclusive, non-transferable, personal licence (without the right to sub-license) to: (i) use the Software as embedded in the Product for the purpose of operating the Product. You may not transfer the Software to any other computing device or otherwise remove the Software from the Product(s).
  2. You agree not to copy, modify, reverse engineer, decompile, or disassemble the Product to the extent that such restriction is not prohibited by law. Except for the limited licence granted herein, qBLOC and its suppliers hereby retain all right, title and interest in and to all worldwide intellectual property rights embodied in the Products and the Software. All other rights are reserved by qBLOC.
  3. You acknowledge and agree that the technology embedded in and used to create the Product(s) constitute the valuable trade secrets, intellectual property, and know-how of qBLOC. To the extent You come into possession through authorised use of the Product(s) of any such trade secrets and/or intellectual property, You will not disclose them to any third party. qBLOC Products are also protected by one or more patents. For more information, please see: www.qBLOC.com/legal/patents.

Term of Agreement

  1. You may terminate this Agreement at any time by notifying qBLOC and discontinuing use of the Product(s).
  2. This Agreement will automatically terminate if You violate any of its terms.
  3. Sections 2.1, 4, 5, 6.4, 7, and 8 shall survive termination or expiration for any reason.

Your Privacy and Data Protection

  1. qBLOC has developed a Privacy Statement in order to inform You of its practices with respect to collection, use, disclosure, and protection of personal information qBLOC processes. You can find the qBLOC Privacy Statement, which is incorporated into this Agreement, at www.qbloc.com/privacy-policy.
  2. By using qBLOC Product(s), you agree to the terms of the Privacy Statement. At all times Your personal information is processed in accordance with qBLOC Privacy Statement. It is important that You read and understand the terms of the Privacy Statement.
  3. If You have questions regarding our Privacy Statement, please contact us at info@qBLOC.com.

Warranty and Disclaimer

  1. Warranty. Subject to the conditions set forth in this Section 10, qBLOC warrants to You that for a period of three (3) years after the date of original purchase of the Product(s), the Product(s) will be free from defects in materials and workmanship.
  2. qBLOC DOES NOT WARRANT THAT THE PRODUCT(S) WILL OPERATE WITHOUT INTERRUPTION OR WILL BE ERROR-FREE, OR THAT ALL ERRORS AND/OR DEFECTS MAY BE CORRECTED; THAT THE FUNCTIONS, FEATURES, OR SERVICES PERFORMED OR PROVIDED BY, INCLUDING THIRD PARTY FEATURES AND SERVICES, CONTAINED IN THE PRODUCT SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT ANY FEATURES, FUNCTIONS, OR SERVICE WILL CONTINUE TO BE MADE AVAILABLE; THAT THE PRODUCT SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS, OR THIRD PARTY SERVICES. IF YOU ARE A CONSUMER, THIS WARRANTY IS IN ADDITION TO AND DOES NOT AFFECT YOUR STATUTORY RIGHTS. EXCEPT AS SET FORTH IN SECTION 10 (D) AND SUBJECT TO ANY MANDATORY CONSUMER PROTECTION LAWS TO THE CONTRARY, qBLOC’S SOLE LIABILITY, AND YOUR SOLE REMEDY, FOR BREACH OF THE FOREGOING WARRANTY WILL BE, AT qBLOC’S SOLE DISCRETION, REPAIR OR REPLACEMENT OF THE PRODUCT, OR, IF NEITHER OF THE FOREGOING ARE REASONABLY AVAILABLE, A REFUND OF THE AMOUNT YOU PAID, LESS AMOUNTS ATTRIBUTABLE TO YOUR PRIOR USE;
  3. Limitations. The foregoing warranty does not extend to problems in the Product(s) to the extent that they result from: (i) Your failure to implement all bug fixes or error corrections to the Product(s) which are made available by qBLOC; (ii) any use of the Product(s) in a manner for which it was not designed or as not authorised under this Agreement; or (iii) any use of the Product(s) with other products, hardware, or products not supplied by, and inconsistent with the documentation provided by, qBLOC.
  4. Disclaimer. EXCEPT AS EXPRESSLY SET FORTH ABOVE, qBLOC MAKES NO WARRANTIES, OTHER THAN THOSE IMPLIED BY STATUTE, WITH RESPECT TO THE PRODUCT(S). qBLOC AND ITS SUPPLIERS HEREBY SPECIFICALLY DISCLAIM ALL OTHER SUCH WARRANTIES AND CONDITIONS. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THE PRODUCT(S) TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION AND USE OF THE PRODUCT. INSTALLATION OF PRODUCT SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS, OR THIRD PARTY SERVICES, AS WELL AS OTHER qBLOC PRODUCT(S) AND/OR SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY qBLOC OR A qBLOC-AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY.

Limitation of Liability

  1. TO THE MAXIMUM EXTENT ALLOWED UNDER LAW, IN NO EVENT WILL qBLOC OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES, AND INCLUDING BUT NOT LIMITED TO, COST OF COVER, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS ARISING FROM THE USE OF (OR INABILITY TO USE) THE PRODUCT AND/OR SERVICES, NO MATTER HOW CAUSED AND ON ANY THEORY OF LIABILITY.
  2. IN NO EVENT SHALL qBLOC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT(S), UNLESS OTHERWISE REQUIRED BY LAW.
  3. The limitations in Section 11 shall apply even if qBLOC, its suppliers, or dealers have been advised of the possibility of such damage or of any type of use intended by You. These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy. You acknowledge that these limitations reflect a reasonable allocation of risk.
  4. The limitation in this Section 6 shall not apply to damage resulting from wilful misconduct or gross negligence on the part of qBLOC. The limitations of this Section 11 shall further not apply to damage resulting from loss of life or personal injury caused by wilful misconduct or negligence or breach of contract by qBLOC or its directors or any third party qBLOC has used to fulfil its contractual obligations towards You. With regards to product liability, the limitations in this Section 11 shall apply only to the extent permitted by mandatory rules regarding product liability.
  5. The limitations in this Section 11 shall not affect Your statutory rights as a consumer.

Infringement Indemnity

  1. Indemnity. qBLOC shall defend or settle any claim, demand, suit, proceeding or action (“Claim”) against You to the extent that such Claim is based on an allegation that any portion of the Product and/or Services, as furnished to You under this Agreement and used as authorised in this Agreement, infringes any third party's copyright or misappropriates such third party’s trade secrets, provided that You: (i) give prompt written notice of the Claim to qBLOC; (ii) give qBLOC the exclusive authority to control and direct the defence or settlement of such Claim; and (iii) give qBLOC, at qBLOC’s expense (except for the value of Your time), all necessary information and assistance with respect to the Claim. qBLOC shall pay all settlement amounts, damages, and costs finally awarded to the extent attributable to such Claim. You may participate in the defence of Claim at Your expense. qBLOC will not be liable for any costs or expenses incurred without its prior written authorisation.
  2. Limit on Indemnity. The foregoing notwithstanding, qBLOC shall have no liability for a Claim to the extent it is based on: (i) the use by You of any Product(s) more than thirty (30) days after qBLOC notifies You in writing that continued use of the Product(s) may give rise to such Claim and offers, in return for You ceasing all further use of the Product(s), to refund the price paid by You for the Product(s) less amounts attributable to Your prior use; (ii) the combination of the Product(s), or any part thereof, with other hardware or products not provided by qBLOC, which Claim would have been avoided if the Product(s) had not been so combined; or (iii) use of the Product(s) other than as authorised under this Agreement.
  3. Entire Liability. THE FOREGOING PROVISIONS OF THIS SECTION 12 STATE THE ENTIRE LIABILITY AND OBLIGATIONS OF qBLOC, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO ANY ACTUAL OR ALLEGED INFRINGEMENT OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHT BY THE PRODUCT(S).

Miscellaneous

  1. Export Control. You acknowledge that the Product may be subject to the export control law and regulations of the jurisdiction in which You purchased the Product(s) and You warrant that You will comply in all respects with such laws and regulations. You may not use or otherwise export or re-export the Product(s) except as authorised by United States law and the laws of the jurisdiction(s) in which the Product(s) was (were) obtained.
  2. Governing law and forum. This Agreement is governed and construed in accordance with the law of the England and Wales, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If You are a consumer and have Your habitual residence in the EU or the UK, or Switzerland, or Norway or Iceland, or Liechtenstein, You additionally enjoy the protection afforded to You by mandatory provision of the law of Your country of residence. You agree, along with qBLOC, to submit to the non-exclusive jurisdiction of the courts of the England and Wales. If You reside in the EU, the European Commission provides for an online dispute resolution platform, which You can access here: https://ec.europa.eu/consumers/odr. If You would like to bring a matter to our attention, please contact us.
  3. Entire Agreement. This Agreement constitutes the entire agreement between You and qBLOC with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications, or agreements not specifically incorporated herein.
  4. Severability. If any provision of this Agreement is found to be invalid or unenforceable pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its term.
  5. No Assignment. You may not assign this Agreement, or any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of qBLOC. Any attempted assignment by You without prior written consent shall be void.
  6. Summary of Your legal rights. We are under a legal duty to supply products that are in conformity with this contract.
  7. Notices from qBLOC. When You use qBLOC Product(s) and/or Services or send us email, You are communicating with us electronically. We will communicate with You electronically in a variety of ways, such as by email, in-App messages and/or push notices, or by posting messages or communications on the qBLOC website or through the other qBLOC Services. qBLOC may provide You with notices regarding the Product(s) and/or Services, including changes to this Agreement, by email to Your qBLOC Account email address (and/or other alternate email address associated with Your qBLOC Account if provided), via qBLOC App, or by postings on our qBLOC website. If qBLOC needs to contact You about Your Product(s) and/or Services, You consent to receive the notices by email or as otherwise specified in this Agreement. For contractual purposes, You agree that all notices, disclosures, and other communications that we provide You electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication. For enquiries or questions regarding this Agreement, please submit your question at www.qbloc.com/support.