Terms of Service

Terms of Service regarding the use of Qobrix Software

These terms and conditions constitute the terms of service for your subscription and use of the Qobrix Real Estate CRM Software and other Software and constitutes a lawfully binding agreement governing your access to and use of the Qobrix Real Estate CRM Software and other Software (hereafter referred to as “Qobrix Software”) as defined in point 1.2 below (the “Terms of Service”).

These Terms of Service are made and entered into by and between Qobo Ltd (as defined in 1.1 below) (the ‘Company’) which is the owner of the Qobrix Software and the person, business, or other legal entity (as defined in 1.4 below) agreeing to these Terms of Service (the “Customer”).

These Terms of Service are effective as of the date the Customer creates a Qobrix Software account (FREE or PAID) and accesses the Qobrix Software (the “Effective Date”).

By accessing the Qobrix Software through this website, the Customer agrees to be bound by these Terms of Service. The Customer confirms that if entering into these Terms of Service and subscribing to the Qobrix Software on behalf of a legal entity, the Customer has (i) full legal authority to represent the legal entity, (ii) is permitted to enter into these Terms of Service on behalf of the legal entity, and (iii) fully understands and is in agreement with all the provisions hereof.

These Terms of Service may be revised by the Company from time to time at its sole discretion, and any changes will be made freely accessible on the Company’s website: https://qobrix.com/terms-of-service/

 

1. Definitions

  1. Qobo Ltd. Qobo Ltd is a limited liability company that is incorporated in Nicosia, Cyprus under registration HE320336, whose registered office is at 21 Amfitritis St., Unit 201, 2000 Strovolos, Cyprus (the Company). Qobo Ltd is the sole owner of the Qobrix Software.
  2. Qobrix Software. The Qobrix Real Estate CRM Software and other Software is cloud-based software built specifically for the real estate industry, including Real Estate Agents/Brokers, Property Developers and Asset Management Firms. It was built to assist Property Developers and Agencies capture more opportunities for growth and profitability by focusing on customer acquisition and service.
  3. Subscription Plan(s). The subscription plans offered from time to time by Qobrix to its Clients for accessing and using the Qobrix Software. By selecting a specific plan offered through our website you agree to the specific time period of subscription, the subscription amount and the items and services provided depending on the plan selected. The Subscription Plans offered by the Company are set out in point 2.1 below.
  4. Customer. “Customer” refers to any natural person or legal entity entering into these Terms of Service and in the case of a legal entity it includes its officers, directors, managers, agents and authorised employees. The Company may limit the subscription to its services only to legal entities, as the case may be.
  5. Customer Data. “Customer Data” means any data, information or material provided or submitted and/or entered and/or processed and/or managed by the Customer or its Users through the Qobrix Software.
  6. Subsidiary. “Subsidiary” refers to any corporation, partnership, affiliate or other legal entity in which a party owns the majority of shares and/or voting rights.
  7. Users. “Users” refers to the person(s) and/or legal entity to whom the Customer gives a username and password (“User Credentials”) in the Qobrix Software account of the Customer.
  8. Documentation. Refers to the documentation provided to the Customer by the Company which includes user manuals, system administrator guides and any other written material.

2. Scope and Limitation of services provided by the Company.

  1. Modules and Subscription Plans
    The Customer acknowledges and agrees that the modules of the Qobrix Software available to the Customer are limited to the modules included in the Subscription Plan they select which are defined and priced as follows:

     

     

    EssentialsFree TrialProfessionalEnterprise

    This account is a custom price per User per month and offers the modules listed hereunder:

    • Properties
    • Locations
    • Leads
    • Opportunities
    • Contacts
    • Organisations
    • Dashboards
    • Advanced Search
    • Documents
    • User Management
    • Import Data/Files (including images)
    • Batch Processing

    This account is free of charge for a period of 15 days for the Professional Plan and can be created via the Qobrix sign-up page at: https://qobrix.com/pricing/

    This account offers the modules listed hereunder:

    • Properties
    • Locations
    • Property Matching
    • Dynamic Templates
    • Leads
    • Opportunities
    • Clients
    • Client Contracts
    • Brokers/External Agents
    • Offers
    • Campaigns
    • Contacts
    • Organisations
    • Calls
    • Viewings
    • Tasks
    • Comments
    • Dashboards
    • Advanced Search
    • Documents
    • Duplicates
    • User Management
    • Advanced Permissions
    • REST API
    • Multilingual Fields
    • Property ApprovalWorkflow
    • Import Data/Files(including images)
    • Batch Processing

    This account is €70 per User per month and offers the modules listed hereunder:

    • Properties
    • Locations
    • Property Matching
    • Dynamic Templates
    • Leads
    • Opportunities
    • Clients
    • Client Contracts
    • Brokers/External Agents
    • Offers
    • Campaigns
    • Contacts
    • Organisations
    • Calls
    • Viewings
    • Tasks
    • Comments
    • Dashboards
    • Advanced Search
    • Documents
    • Duplicates
    • User Management
    • Advanced Permissions
    • REST API
    • Multilingual Fields
    • Property ApprovalWorkflow
    • Import Data/Files (including images)
    • Batch Processing

    This account is a custom price per User per month and offers the modules listed hereunder:

    • Properties
    • Locations
    • Property Matching
    • Dynamic Templates
    • Leads
    • Opportunities
    • Clients
    • Client Contracts
    • Brokers/External Agents
    • Offers
    • Campaigns
    • Contacts
    • Organisations
    • Calls
    • Viewings
    • Tasks
    • Comments
    • Dashboards
    • Advanced Search
    • Documents
    • Duplicates
    • User Management
    • Advanced Permissions
    • REST API
    • Multilingual Fields
    • Property ApprovalWorkflow
    • Import Data/Files (including images)
    • Batch Processing
    • Payment Plans
    • Payment Instalments
    • Agent Portal
    • Client Portal
  2. Integrations; Third Party Vendors; MLS. The Customer may subscribe to integrations with Third Party Vendors and MLS directories. Nevertheless, the Company will not be held responsible or liable for any errors, expenses, damages or costs arising as a result of such subscription(s). The Customer also acknowledges that the use of any such integrations will require a separate license and the payment of any applicable fees to a third-party vendor for access to third-party vendor or MLS software, services and/or data feed.
    The Company will not be a party to any contractual relationship entered into between the Customer and any Third Party Vendors or MLS directories and will not be held liable for the service provided by Third Party Vendors or MLS directories, nor by the terms and conditions under which this takes place.

3. Subscriptions and Fees

  1. Subscriptions. The Company requires a subscription and the creation of an account to use the Qobrix Software but may make certain limited portions of the Qobrix Software available for free for a trial period. A subscription can be purchased according to a specific Subscription Plan at any time during the trial period and thereafter
  2. Subscription Fees. Customer agrees to pay the Company a subscription fee based on the Subscription Plan used by the Customer. All Subscription Fees are billed monthly and payable in advance; (ii) all Subscription Fees are payable in Euros and do not include VAT or any other applicable taxes; (iii) all Subscription Fees are non-refundable.
  3. Modifications. The Company reserves the right to modify the fees at any time, and to introduce new fees, provided that the Company will give reasonable notice to the Customer before any such modifications in which case they will apply as of the next following month after the end of the application subscription period under a specific Subscription Plan selected by the Customer.
  4. Payment. When you initiate your subscription to a paid Subscription Plan, you authorize us through our third-party payment processor to charge you a Subscription Fee as set out below. We may ask you to supply additional Payment Information in order to process this. You represent and warrant that you have the legal right to use all payment method(s) represented by any such payment information. When you subscribe to a paid Subscription Plan, you give us the authority to provide your payment information to third parties so your subscription can be completed and to charge your payment method for the specific Subscription Plan you have chosen.
    Your Subscription Fee will be charged at the beginning of your Subscription and then monthly or yearly thereafter (in accordance with the Subscription) at the then-current Subscription Fee. By purchasing a Subscription, Qobo (or our third- party payment processor) will charge you automatically at the beginning of the next applicable period of your Subscription during the term, using the Payment details provided by you until your Subscription is cancelled. By entering into this Agreement and subscribing to a specific Subscription Plan, you recognise and understand that you will be responsible for recurring payment obligations prior to the cancellation of the Subscription by you or the Company. Unless your Subscription is cancelled by you or until your access to the Services or Subscription in accordance with this Agreement are terminated by the Company, your Subscription will continue. Prices for the Services, including monthly Subscription fees and any other fees pertinent but not limited to your Subscription and this Agreement, are subject to change upon 30 days of notice from us before your Subscription period comes to an end.
    If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
    If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
  5. Cancelling a Subscription. Your purchase is final and at no time will you have the right to claim any refund of your subscription fee. Without limiting the foregoing, you can at any time terminate your subscription but the termination will only take effect at the end of the then-current Subscription period. Furthermore, without limiting the forgoing terms above of your initial subscription purchase, none of the subscription fee paid for the then-current Subscription period will be refunded to you at cancellation. To cancel, you can send an email to hello@qobrix.com.

    All subscription fees, relevant taxes and any other pertinent charges incurred for the then-current Subscription period will be your responsibility. If you cancel your subscription, you will have the right to use the software until your then- current subscription period ends, at which time the subscription will terminate with no additional charges.

  6. Disputes
    If a dispute regarding fees arises between the Customer and the Company and the dispute cannot be resolved within a reasonable period of time between the parties, the Customer agrees under these Terms of Service to settle the amounts less the disputed amount, and both parties resolve to reach an amicable resolution with respect to the disputed amount. For the amount to be deemed disputed in good faith, the Customer is obliged to provide the Company with a written statement on or prior to the amount becoming due, detailing the reasons for the dispute and the amount the Customer is seeking to withhold.

4. Rights, obligations and liability of the Customer

  1. Content/Data. The Customer is free within the scope of these Terms of Service and the rights afforded to it under the relevant Subscription Plan to use and operate the Qobrix Software for its intended purpose.
    The Customer specifically agrees that it bears full and sole responsibility for the content and data that it processes by using the Qobrix Software vis-à-vis the Company, the assigned users and any third party whatsoever. The Company does not control the use made by Customers (and assigned Users under it) of the Qobrix Software.
  2. Customer Data. The Customer retains all rights to and ownership of Customer Data. Customer represents and warrants that it has the right to provide Customer Data to the Company and to use Customer Data during and/or within the course of the subscription services provided by the Company though the use of the Qobrix Software. The Customer has the sole responsibility to ensure the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership of Customer Data. Customer represents and warrants that the Customer Data was obtained in compliance with all applicable laws (including all data privacy laws) and that the Customer has obtained all appropriate consents for any Customer Data.
  3. Communication to third parties. The Company and the Qobrix Software does not share or disclose the personal data it processes to third parties unless this communication has been approved by the Customer; if it is necessary given the nature of the Customer’s instructions and these Terms of Service, or if such disclosure is required by law or by some other judicial decision. In the event that the Company is legally obligated to communicate the personal data to a third party it will make sure that the Customer is informed beforehand unless prohibited by law. For any communication of personal data by the Customer to third parties, the Customer acknowledges and agrees that the Customer is solely responsible for verifying compliance in regard to data protection legislation. For more information regarding the use of personal data please also refer to the Privacy Policy of the Company located at https://qobrix.com/privacy-policy/.
  4. Obligations regarding assigned Users. The Customer is solely responsible to ensure that all assigned Users comply with these Terms of Service and all applicable laws and regulations. The Customer specifically agrees that it shall be solely liable for any breach of these Terms of Service by any assigned Users and the Company shall not have any liability whatsoever as it is only providing the Qobrix Software but does not control the use made by Customers and assigned Users. The Customer is also solely responsible for the (i) safekeeping of any unique usernames and passwords and (ii) the activities conducted under the User Credentials. The Customer will also take all steps as reasonably possible to notify the Company of any suspected misuse of the Qobrix Software or any other known or suspected breach of security.
  5. Other obligations. The Customer agrees not to do any of the following:
    1. Post, upload, publish, submit or transmit any of the Customer Data that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
    2. Access, tamper with, or use non-public areas of the software, our computer systems, or the technical delivery systems of our providers;
    3. Attempt to probe, scan or test the vulnerability of any Qobrix system or network or breach any security or authentication measures;
    4. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Company or any of the Company’s providers or any other third party (including another user) to protect the software;
    5. Attempt to access or search the software or the content that belongs to us or download the content that belongs to us from the software through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Insightly or other generally available third-party web browsers;
    6. Use or launch any automated system, including, “robots,” “spiders,” or “offline readers,” that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser;
    7. Use the software in any manner that damages, disables, overburdens, or impairs any of our services, attempt to gain unauthorized access to the software, access the software other than through our interface, or use the software for any purpose or in any manner that is unlawful or prohibited by these Terms of Service;
    8. Use the software or the content that belongs to us or any part thereof, for the benefit of any third party or in any manner not permitted by these Terms of Service;
    9. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the software or content that belongs to us;
    10. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the software;
    11. Collect or store any personally identifiable information from the software from other users of the software without their express permission;
    12. Impersonate or misrepresent your affiliation with any person or entity;
    13. Violate any applicable law or regulation; or
    14. Encourage or enable any other individual to do any of the foregoing.

5. Term and Termination.

    1. Term and Termination. The Agreement shall be in effect unless terminated by either party, with either party providing the other with thirty (30) days written notice of its intent not to renew. Following the initial subscription, the subscription will automatically renew for the next month.
    2. Effect of Termination. Upon any termination or expiration of the subscription, the Company will no longer provide any subscription services to the Customer and the Customer and its assigned Users shall cease using the subscription services. Any termination of this Agreement shall not affect the Company’s right to any payments due to it.

6. Intellectual Property Rights.

    1. Intellectual Property Rights. The Customer shall not use the Qobrix Software in breach of copyright or other intellectual property rights. Intellectual Property Rights means patents, trademarks, service marks, design rights, copyright, know-how, rights in databases and other similar rights or obligations whether registrable or not in any country. All intellectual property rights pertinent to the title and ownership of the Qobrix Software shall at all times remain with the Company. This includes the copyrights on the overall structure, manuals, documentation and programs, whether available in hard copy or remotely. Customer is not permitted to copy, modify, translate or otherwise alter the Qobrix Software in whole or in part, nor is the Customer permitted to grant any sublicense or other right with respect to Qobrix Software.
    2. Logo and Name. The Qobrix Software logo and name are protected copyright and/or trade name and/or trademarks belonging to Qobo Ltd and the Customer is not permitted to use, copy, remove or hide these without the Company’s written approval and consent.

7. Warranty, Disclaimers and Limitation of Liability

    1. The Company shall provide the Qobrix Software using reasonable care and skill. The Company endeavours to provide a Service, which is available at all times, but it cannot warrant the availability due to factors beyond its control. The Company does not warrant or represent that the use or the results of the use of the software or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. The Company does not represent or warrant that the Qobrix Software will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. The Company undertakes to use all reasonable endeavours to ensure that the information stored and updated on the Qobrix Software is as accurate as is commercially possible and that any material system, service or database inaccuracies or errors will be corrected as soon as possible.
    2. The Company makes no representations about the suitability, reliability, availability, timeliness and accuracy of the Qobrix Software for any purpose. The Qobrix Software is provided “As Is” without warranty of any kind. The Company hereby disclaims all warranties and conditions with regard to the Qobrix Software, including all implied warranties and conditions of fitness for a particular purpose, title and non-infringement.
    3. The Company shall not be responsible for unauthorized access to or alteration of the Company’s transmissions or data, any material or data sent or received or not sent or received, or any actions carried out through the Qobrix Software.
    4. The Company is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. The Company is not responsible for any content sent using and/or included in the Qobrix Software by any third party.
    5. The Company shall not be liable in contract or otherwise for any direct, indirect or consequential loss or damage sustained by the Company or assigned Users or others directly or indirectly making use of the Qobrix Software, including but not limited to any loss or damage resulting as a consequence of any defects, delays, interruptions or failures in the Qobrix Software or inaccuracies or errors in the use of the Qobrix Software or information and content contained therein and specifically excludes the same to the extent permitted by the law applicable to these Terms of Service.
    6. If the Customer is dissatisfied with any portion of the Qobrix Software, or with any of these Terms of Service, the Company’s sole and exclusive remedy is to discontinue using the Qobrix Software and its related websites.
    7. The Company is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data caused by Customer or its assigned Users.
    8. Irrespective of the above provisions and any other provision contained herein, the Company’s liability shall not exceed in any event and for any cause or reason the amount of subscription under a specific Subscription Plan already paid to the Company during the 12 (twelve) months prior to such claim.

8. Indemnification.

The Customer shall be liable, notwithstanding any other remedies the Company may have against the Customer, including termination of this Agreement, to indemnify the Company, its parents, subsidiaries, affiliates, officers and employees, for any loss, claim, demand, or damage, including reasonable attorneys’ fees, the Company suffers and/or to reimburse the Company for the gain the Customer obtains in contravention of these Terms of Service.

The Customer agrees to fully indemnify and to hold the Company, its parents, subsidiaries, affiliates, officers and employees, indemnified from and against any claim, demand, or damage, including reasonable attorneys’ fees, brought by any third party resulting from the use of the software and in respect of all losses, costs, actions, claims, expenses or liabilities whatsoever suffered or incurred directly by the Company or members in consequence of the Customer’s non- observance of these Terms.

Customer will defend the Company against any claim, demand, suit or proceeding made or brought against Company by a third party alleging that Customer Data, Customer Advertisements, or Customer’s use of Company IP in breach of the Agreement, infringes or misappropriates a third party’s intellectual property rights or violates applicable law (a “Claim Against Company”), and will indemnify the Company from any damages, attorney fees and costs finally awarded against Company as a result of, or for any amounts paid by Company under a court-approved settlement of, a Claim Against Company.

9. Miscellaneous.

    1. Publicity. The Company may include the Customer’s name and logo in a list of Company’s customers, online or in promotional, sales or advertising materials. Company may also verbally reference the Customer as the Company’s customer.
    2. Governing Law. This Agreement is governed by the laws of the Republic of Cyprus and the Subscriber hereby submits to the exclusive jurisdiction of the Cyprus courts.
    3. Force Majeure. Non-performance of either party shall be excused if such non-performance arises for any reason beyond reasonable including strikes, fire, flood, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the non-performing party.
    4. Modifications. The Company may make modifications to the Company’s Qobrix Software from time to time provided that such modifications do not materially reduce any functionalities or features of the Company’s Qobrix Software.
    5. Entire Agreement and Severance. This Agreement, as amended from time to time, together with any document expressly referred to in any of its terms, contains the entire agreement between the parties relating to the subject matter covered and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Customer and the Company with respect to the Qobrix Software.
      If any part of this agreement is held by any court or other competent authority to be void or unenforceable in whole or in part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.
    6. Language. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.