Terms of Service

1 Acceptance of Terms

These Terms of Service (the Terms) constitute a legally binding agreement between you (whether personally or on behalf of an entity) and Qube Plus LLC (also referred to as Qube Plus, we, us, or our), a United States limited liability company with its principal place of business at 881 W State Rd Unit 140-558, Pleasant Grove, UT 84062-2131, United States.

By accessing or using our website located at https://www.qubeplus.lol (the Website), or by engaging with any of our computer systems design, integration, consulting, or other professional services (collectively, the Services), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you are expressly prohibited from using the Website and Services and must discontinue use immediately.

These Terms apply to all visitors, users, clients, and others who access or use the Website or Services. By continuing to use the Website or Services, you represent and warrant that you are of legal age to form a binding contract and that you are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction.

2 Description of Services

Qube Plus LLC is a computer systems design and related services firm operating within the Professional, Scientific, and Technical Services sector. Our services encompass, but are not limited to:

• Computer systems architecture design and planning.
• Cloud and on-premise infrastructure integration.
• Custom software engineering and application development.
• Systems optimization, audit, and performance analysis.
• Cybersecurity architecture and compliance consulting.
• Technical advisory and strategic technology consulting.
• Integrated computer systems design tailored to client-specific requirements.

The scope, deliverables, timeline, and fees for any specific engagement shall be defined in a separate written agreement, statement of work, or proposal executed between Qube Plus LLC and the client. In the event of any inconsistency between these Terms and a separately executed agreement, the terms of the separately executed agreement shall prevail with respect to the specific engagement it governs.

3 User Obligations and Conduct

When using our Website and Services, you agree to comply with all applicable local, state, national, and international laws and regulations. You further agree that you will not engage in any of the following prohibited activities:

• Using the Website or Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use.
• Attempting to gain unauthorized access to any part of the Website, the server on which it is hosted, or any server, computer, or database connected to the Website.
• Introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Engaging in any automated use of the system, such as using scripts to send messages or posts, or using any data mining, robots, or similar data gathering and extraction tools.
• Using the Website or Services for any fraudulent, deceptive, or unlawful purpose.
• Uploading or transmitting any material that infringes the intellectual property rights of any third party.
• Misrepresenting your identity, affiliation with any person or entity, or the origin of any information you provide.
• Attempting to reverse engineer, decompile, or disassemble any software or systems used to provide the Website or Services.

We reserve the right, in our sole discretion, to terminate or suspend your access to the Website and Services, without prior notice or liability, for any conduct that we believe violates these Terms or is otherwise harmful to Qube Plus LLC, other users, or third parties.

4 Intellectual Property Rights

All content, features, and functionality available on the Website — including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, and the design, selection, and arrangement thereof — is owned by Qube Plus LLC, its licensors, or other providers of such material and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Qube Plus name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Qube Plus LLC or its affiliates. You may not use such marks without the prior written permission of Qube Plus LLC. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal or internal business purposes, subject to your compliance with these Terms. This license does not include any right to modify, reproduce, distribute, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Website except as incidental to normal web browsing or as expressly permitted in writing.

For custom software, architecture designs, documentation, and other deliverables produced for clients under a separate engagement agreement, intellectual property rights shall be governed by the terms of that specific agreement. Unless otherwise agreed in writing, Qube Plus LLC retains ownership of all pre-existing materials, tools, methodologies, and know-how used in the delivery of services.

5 Third-Party Services and Links

Our Website may contain links to third-party websites or services that are not owned or controlled by Qube Plus LLC. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Qube Plus LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly recommend that you read the terms of service and privacy policies of any third-party website or service that you visit. The inclusion of any link on our Website does not imply our endorsement of the linked website or its operator.

6 Disclaimer of Warranties

Your use of the Website and Services is at your sole risk. The Website and Services are provided on an AS IS and AS AVAILABLE basis, without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Qube Plus LLC expressly disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Without limiting the foregoing, Qube Plus LLC makes no warranty or representation that: (a) the Website or Services will meet your specific requirements; (b) the Website will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Website or Services will be accurate, complete, or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations; or (e) any errors in the Website will be corrected.

No advice or information, whether oral or written, obtained by you from Qube Plus LLC or through the Website or Services shall create any warranty not expressly stated in these Terms.

7 Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Qube Plus LLC, its officers, directors, employees, agents, contractors, successors, or assigns be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of use, loss of goodwill, business interruption, or other intangible losses, arising out of or in connection with: (a) your use or inability to use the Website or Services; (b) any conduct or content of any third party on the Website; (c) any content obtained from the Website; (d) unauthorized access, use, or alteration of your transmissions or content; or (e) any other matter relating to the Website or Services, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, whether or not Qube Plus LLC has been informed of the possibility of such damage.

Notwithstanding anything to the contrary contained herein, the aggregate liability of Qube Plus LLC to you for any claim arising out of or relating to these Terms, the Website, or the Services shall not exceed the greater of: (a) the total amount paid by you to Qube Plus LLC for the specific services giving rise to the claim in the twelve months preceding the claim; or (b) one hundred United States dollars (USD $100.00).

The limitations and exclusions of liability set forth in this section shall apply to the maximum extent permitted by applicable law and shall survive any termination or expiration of these Terms. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you.

8 Indemnification

You agree to defend, indemnify, and hold harmless Qube Plus LLC, its officers, directors, employees, agents, contractors, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorney’s fees and court costs) arising out of or relating to: (a) your use of and access to the Website and Services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property right, publicity right, confidentiality right, property right, or privacy right; (d) your violation of any applicable law, rule, or regulation; or (e) any claim that your content caused damage to a third party.

This indemnification obligation will survive the termination of these Terms and your use of the Website and Services. Qube Plus LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

9 Confidentiality

In the course of providing our Services, Qube Plus LLC may receive or have access to confidential information belonging to our clients. Confidential information includes any non-public information, whether written or oral, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

Qube Plus LLC agrees to maintain the confidentiality of client information and to use such information solely for the purpose of providing the agreed-upon Services. We implement reasonable measures to prevent unauthorized access to or disclosure of confidential information. These obligations shall not apply to information that: (a) is or becomes publicly available through no fault of Qube Plus LLC; (b) was rightfully in our possession prior to disclosure by the client; (c) is rightfully obtained by us from a third party without restriction on disclosure; or (d) is required to be disclosed by law, regulation, or court order, provided that we give the client reasonable prior notice to the extent legally permitted.

Specific confidentiality obligations, including any additional protections or time limitations, may be set forth in a separate non-disclosure agreement or engagement agreement between the parties.

10 Termination

We may terminate or suspend your access to the Website and Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

Upon termination, your right to use the Website and Services will immediately cease. If you wish to terminate your relationship with Qube Plus LLC, you may simply discontinue using the Website and Services. Any ongoing service engagements shall be governed by the termination provisions set forth in the applicable separate agreement.

11 Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall first be attempted to be resolved through good faith informal negotiations between the parties. If the dispute cannot be resolved through negotiation within thirty calendar days, the dispute shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Utah County, Utah, before a single arbitrator mutually agreed upon by the parties. The decision of the arbitrator shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or confidential information. You agree to submit to the personal jurisdiction of the state and federal courts located in Utah County, Utah, for the purpose of litigating all such claims or disputes.

12 Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least thirty calendar days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Website or Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop accessing and using the Website and Services. We encourage you to review these Terms periodically for any changes.

13 General Provisions

Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to achieve the economic effect intended by the original provision, and the remaining provisions of these Terms shall remain in full force and effect.

Waiver: No waiver by Qube Plus LLC of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Qube Plus LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Entire Agreement: These Terms, together with our Privacy Policy and any separately executed engagement agreements, constitute the entire agreement between you and Qube Plus LLC regarding the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

Assignment: You may not assign or transfer these Terms, or any rights or licenses granted hereunder, without our prior written consent. Qube Plus LLC may assign or transfer these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

Force Majeure: Qube Plus LLC shall not be liable for any failure or delay in performance under these Terms arising from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemic, fire, flood, earthquake, labor disputes, telecommunications failures, or governmental actions.

Notices: Any notices or other communications permitted or required under these Terms shall be in writing and delivered: (a) if to Qube Plus LLC, by email to talk@qubeplus.lol or by mail to our principal place of business address; and (b) if to you, by email to the address you have provided in connection with your use of the Services or by posting on the Website.

14 Contact Information

For questions, comments, or concerns regarding these Terms of Service, please contact us:

We endeavor to respond to all inquiries regarding these Terms within five business days.