Privacy - KUBRA EZ-PAY

KUBRA EZ-PAY PRIVACY NOTICE

Last updated: November 05, 2020

This Privacy Notice (the “Notice”) describes how KUBRA Data Transfer Ltd. (“KUBRA”, “we”, “our” or “us”) handles personal information such as your email, bank account number, bank card number, credit or debit card number, address, name, home or work address or telephone number, in connection with the operation of the KUBRA EZ-PAY services offered to individuals through https://www.ez-pay.co or through the KUBRA EZ-PAY mobile app (collectively, the “KUBRA EZ-PAY Services”). KUBRA may also collect anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.

This Notice applies only to information that KUBRA obtains through the KUBRA EZ-PAY Services and describes how we can use the information we obtain and with whom we may share it. KUBRA does not sell any personal information to third parties. This Notice does not describe the privacy practices of the utilities, insurance companies, government agencies and other service providers for which you use the KUBRA EZ-PAY Services as a payment platform (collectively, the “Service Providers”). We encourage you to review their privacy policies and other similar statements.

WHAT INFORMATION WE OBTAIN
We obtain different types of information, including personal information, when you use the KUBRA EZ-PAY Services. This information may be provided by you, such as when you create an account, it may be automatically collected from your browser or mobile device using technologies such as cookies, or it may be obtained from other sources.

Information you provide:
We obtain information you provide in relation to your use of the KUBRA EZ-PAY Services, including when you make a one-time payment or create an account. This may include:

your contact information, including your name, email address and phone number;
your account numbers for the Service Providers with whom you engage; and
your bank account number or debit or credit card number information (including payment card number, expiry date, security code).

We may also obtain information you provide us about others, such as the phone number and email address of the recipients to whom you want to send a receipt of the bill payment, if you choose to share the receipt with others.

If you contact us with any questions or requests relating to the KUBRA EZ-PAY Services, we obtain the information you provide to us in connection with your inquiry or request.

Cookies and Internet Technology:
We may use internet technologies such as cookies and web beacons or other similar technologies to automatically obtain certain information when you access the KUBRA EZ-PAY Services from your web browser or mobile device, such as information about the number and frequency of visitors, technical information about browsers and devices used to access the KUBRA EZ-PAY Services, and information about crashes or other technical issues. In addition, we may automatically collect certain information across the browsers and devices you use to access the KUBRA EZ-PAY Services as well as across third-party sites, apps or other media. These technologies may assign or collect a unique identifier on your browser or device, and may reside, among other places, on your computer or device, within webpages or mobile apps. We may use these technologies to administer the KUBRA EZ-PAY Services, understand usage of the KUBRA EZ-PAY Services and improve the content and offerings of the KUBRA EZ-PAY Services.
For more information about the use of automated means in the context of interest-based advertising and how you can limit tracking on your browser or mobile device, see Interest-based advertising .

Information we obtain from other sources:
We may obtain information about you from third parties, including the Service Providers with whom you engage.

HOW WE USE INFORMATION WE OBTAIN
We may use the information we obtain through the KUBRA EZ-PAY Services for a number of purposes, including, but not limited to:

providing you with the KUBRA EZ-PAY Services, as well as information you may request;
marketing and advertising the KUBRA EZ-PAY Services and other KUBRA products and services;
sending you communications, including informational and marketing communications;
improving the KUBRA EZ-PAY Services we provide and customizing the user experience;
generating and analyzing statistics about your use of the KUBRA EZ-PAY Services;
detecting, preventing, and responding to violations of this Notice or the Terms of Use, violations of law, or other misuse of the KUBRA EZ-PAY Services; and
supporting our business operations.

Interest-based advertising:

KUBRA has relationships with advertising companies who may use technology such as cookies and web beacons to provide you with advertising related to the use of KUBRA EZ-PAY. To learn more about your rights in relation to this ad network interest-based advertising on your browser, including your choice to opt out, you can follow the instructions provided by the Digital Advertising Alliance (“DAA”) and/or the Network Advertising Initiative (“NAI”) to place an opt-out cookie on your browser. These opt-out cookies enable you to block participating companies from installing future cookies on your computer or browser. If you place opt-out cookies but subsequently clear or delete cookies on your computer or device browser, your opt-out cookies may be deleted and you may have to renew your opt-out choices for that specific browser.

To limit interest-based advertising on your mobile device, you can review and adjust the settings provided by your device manufacturer, such as “Limit Ad Tracking” for iOS or “Opt-out of interest-based ads” for Android.

These opt-out mechanisms are provided by third parties. KUBRA does not control or operate these mechanisms or the choices provided through these mechanisms.

WITH WHOM WE SHARE INFORMATION
We may share the information we obtain from you through the KUBRA EZ-PAY Services:

with the Service Providers with whom you engage;
with our affiliates and subsidiaries;
with third parties that provide services or handle transactions on our behalf;
as we believe is necessary or appropriate to protect, enforce, or defend our legal rights, the privacy or safety of our employees, users of the KUBRA EZ-PAY Services or other individuals and entities, or to comply with or enforce applicable law or legal process, including responding to court orders, warrants, subpoenas and other requests from public and government authorities;
we reserve the right to transfer any of the information we have about you to proceed with the consideration, negotiation, or completion of a sale or transfer of all or a portion of our business or assets to a third party, such as in the event of a merger, acquisition or other disposition, or in connection with a bankruptcy reorganization, dissolution, or liquidation; and
we may share your information with third parties when you consent to or request such sharing.

HOW WE PROTECT YOUR INFORMATION
We maintain reasonable administrative, technical, and physical safeguards to protect the personal information we obtain through the KUBRA EZ-PAY Services. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. If you create an account to use the KUBRA EZ-PAY Services, you are responsible for keeping your password secure.

THIRD-PARTY LINKS AND FEATURES
The KUBRA EZ-PAY Services may contain links to third-party websites, mobile apps or features, including through social media features and widgets on our website. KUBRA is not responsible for the collection and use of your information by such third parties. We encourage you to review the privacy policies or other similar statements applicable to third-party websites, mobile apps or features.

ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS

Under California law, specific disclosures are required and California residents have additional rights regarding their personal information. Please review this section to learn more.

Residents of California may have the following rights:

Right to access your personal information. You may request to access the categories and specific pieces of personal information that we collected about you in connection with your use of the KUBRA EZ-PAY Services.
Right to deletion. Subject to certain exceptions, you may ask us to delete the personal information we collected about you in connection with your use of the KUBRA EZ-PAY Services.
Right to disclosure. You may request to receive additional details about the sources from which we collect your personal information, the reasons we collect and share your personal information, and the types of third parties with which we share the information we collected about you in connection with your use of the KUBRA EZ-PAY Services.
Right to opt out of sales. Under the CCPA, certain types of sharing of personal information may constitute a “sale” of your personal information. Kubra does not “sell” the personal information we collected about you in connection with your use of the KUBRA EZ-PAY Services.
Right to be free from discrimination. You may exercise any of the above rights without fear of being denied goods or services, including access to the Tools. We are permitted to provide a different level of service or charge a different rate if the difference is reasonably related to the value of your data.

If you would like to exercise any of your CCPA rights related to your use of the KUBRA EZ-PAY Services, please contact us by email as indicated in the Contact Us section below.

Please note that KUBRA is not responsible for the data handling practices of the utilities, insurance companies, government agencies and other service providers for which you may use the KUBRA EZ-PAY Services as a payment platform (i.e., the Service Providers). If you want to exercise your CCPA rights with respect to the personal information the Service Providers collect and maintain about you, you will need to contact them directly to exercise your CCPA rights.

Your Shine the Light California Rights (CA Civil Code § 1798.83)

Residents of California may request a list of third parties to which certain personal information (as defined by applicable California law) obtained through the KUBRA EZ-PAY Services and disclosed by KUBRA during the preceding year for those third parties’ direct marketing purposes. If you are a California resident and want such a list, please write to us at 40 E Rio Salado Pkwy, Suite 535, Tempe, AZ, 85281. For all requests, you must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. In your request, you need to attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via other contact channels, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

Do Not Track
KUBRA does not currently take steps to respond to browsers “Do Not Track” signals as no uniform standard to respond to such signals has been developed at this time.

NON-U.S. VISITORS
The KUBRA EZ-PAY Services are intended for U.S. users. If you are located outside of the United States, please note that the personal information we collect in connection with your use of the KUBRA EZ-PAY Services will be transferred to the United States and other countries.

CHILDREN’S INFORMATION
The KUBRA EZ-PAY Services are not directed to, nor do we knowingly collect personal information from, children under the age of 13. If you become aware that your child or any child under your care has provided us with information without your consent, please contact us as indicated below.

CHANGES TO THIS PRIVACY NOTICE
We may update this Notice from time to time to reflect changes in our privacy practices or applicable laws. We will notify you of these changes by publishing the updated version on our website and indicate at the top of the Notice when it was most recently updated. Your use of the KUBRA EZ-PAY Services will be governed by the current version of this Notice.

DISPUTES
Any dispute you may have arising under this Notice will be resolved in accordance with the Terms of Use.

CONTACT US
If you have any questions about this Notice or you would like to review or request changes to the information collected in connection with your use of the KUBRA EZ-PAY Services, please contact us.

SUPPLEMENTAL NOTICE TO EU RESIDENTS

Lawful Grounds

If you are a resident of the EU, this notice describes how KUBRA acts in accordance with the General Data Protection Regulation (“GDPR”). KUBRA relies on legitimate interest to process your data for the purposes described in the Use of Personal Information section above.

Transfer of Data

KUBRA operates its Services from the United States and Canada, meaning your personal data may be transferred to the US, Canada and/or to countries outside of the EU. Whenever your personal data is transferred outside the EU, KUBRA will take all reasonable steps necessary to ensure the data is secure and treated in accordance with KUBRA’s privacy policy.

Where required by the GDPR, appropriate safeguards, such as the standard contractual clauses approved by the European Commission will be put in place.

Right to Withdraw Consent

In the circumstance where KUBRA may require your consent in processing your personal data, you have a right to withdraw your consent for such processing at any time. To withdraw your consent, please contact us. Once your withdrawal notification is received, KUBRA will no longer process the information for the specific purpose(s) for which the original consent was given, unless it is done for a legal basis.

Requests

Under the GDPR you have the right to:

Request access to your personal data
Request the rectification of personal data
Object to the processing of your personal data
Request the erasure of your personal data
Request the transfer of your personal data to another party
File a complaint with a supervisory authority

Please contact us, if you would like the exercise any of these rights. We will respond to your request within a month.

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KUBRA EZ-PAY TERMS OF USE

ACCEPTANCE OF TERMS

The following terms of use apply to all users of KUBRA EZ-PAY and govern your access to and use of the KUBRA EZ-PAY site and the KUBRA EZ-PAY service. By using the KUBRA EZ-PAY service you acknowledge and agree to be bound by these terms of use and applicable laws. Please take notice that with limited exceptions, all disputes between you and us regarding these Terms of Use are subject to binding arbitration on an individual basis rather than jury trials, including class action lawsuits, in courts and only specific remedies are available to you. For more details, read DISPUTE RESOLUTION.

KUBRA EZ-PAY SERVICE

The KUBRA EZ-PAY service enables you to make payments for services or bills electronically. Depending on the payment methods enabled by the business whose bills you are paying, you may be able to make payments by eCheck, credit card and/or debit card through interactive telephone voice response system (IVR), mobile application, the EZ-PAY website, self-service kiosks, or retail locations with cash payments.

CONDITIONS FOR USE

By accepting these Terms of Use you represent and warrant that:

The information you provide is true, accurate, current, and complete.
You are at least 18 years of age and able to form legally binding contracts under applicable law.
You have not misrepresented your identity.
You are the legal owner of all accounts that are associated with payments made by you through the KUBRA EZ-PAY service and you are legally authorized to make payments using those accounts.
You will not have a third party such as a payment aggregator make payments on your behalf.
You will not request a reversal of a legitimate payment transaction and understand that if you do your right to use the KUBRA EZ-PAY service for future payments may be revoked.
Your use of the KUBRA EZ-PAY service will not violate any law or regulations.

As a user of the KUBRA EZ-PAY service you may be submitting bank account, bank card, credit card information, or other personal information including but not limited to your physical address, email and phone number to KUBRA. You are responsible for any legal, regulatory, or banking penalties and fees that may result from supplying false information to KUBRA. KUBRA may require you to provide information confirming your identity in order to make a payment. You may use the KUBRA EZ-PAY service to make payments on consumer and/or commercial accounts, depending on configuration. If the account used to make a payment is a banking or card account for your business, then you must be an authorized signer on the account. We only process ACH payments in US dollars. Further, you affirm that the payment you are making is not associated with a foreign bank account. We do not support International ACH Transactions (IAT).

By using the KUBRA EZ-PAY service to send payment instructions to KUBRA, you authorize KUBRA to send a message to your bank, card provider, or financial network to charge your account and to send those funds to the designated bank account of the business whose bill you are paying.

FEES

In consideration of the use of the KUBRA EZ-PAY service, you agree to pay a service fee, also known as a convenience fee, for each transaction initiated by you (where applicable). The applicable fee will be provided to you prior to your final authorization of the transaction. If you are paying by card or by your bank account, your card will be charged or your bank account debited for the amount of the payment plus the service fee, or a separate amount depending on the configuration. If you are making a cash payment, the service fee must be paid at the time of the payment transaction. You agree to have sufficient funds available to pay your payment amount and the service fee. If any payment is returned unpaid from your financial institution for any reason you may be charged a return payment fee. The above referenced fees do not include charges that may be assessed by your card issuer, or your receiving bank, based on the terms of the agreement you may have with those entities, and KUBRA will not be liable for any recoupment of fees assessed to you. The principal funds do not pass into KUBRA’s ownership at any time. KUBRA uses a bank processor as the payment processor and any funds will go to the Payee’s account. Recipients or other third parties may choose to subsidize a portion of your KUBRA EZ-PAY Fees. If a subsidy is applicable it will be presented to you during review of your payment prior to submission.

LIMITS

Your payment account or your cash payment may be blocked from acceptance if in KUBRA’s opinion the payment poses risks to KUBRA’s business. KUBRA may impose limits in terms of the number of payments made or the value of a transaction in accordance with any of the following: limitations established by payment brands, limits established by retailers, payment processors, or KUBRA’s risk policy.

Use of the KUBRA EZ-PAY service is subject to applicable law and all applicable rules of any clearinghouse or payment network involved in collecting or processing your payment.

OVERPAYMENT

If your payment is returned for any reason, you may be liable for a return payment fee. If you over pay on your account you may not be entitled to a refund. If a refund is allowed, it will be processed to the same payment account that the payment came from. If it is processed via ACH, refunds will not be made until at least 10 business days.

If your card issuer is not located in the United States, and if a transaction is a chargeback, you will be responsible for the actual amount of the chargeback transaction which may be greater than the amount of the initial transaction due to currency conversion.

TIMING OF PAYMENTS

If your payment is received after the due date of your bill, for any reason, you will remain responsible for any late charges and interest assessed. As a result, we recommend that you authorize your payment at least four (4) business days before the actual due date. It is the day your payment is received, not the day that instructions are sent that determines if your bill was paid on time.

MAKING A PAYMENT USING KUBRA EZ-PAY RETAIL CASH PAYMENTS

If the KUBRA EZ-PAY Retail Cash Payments Service (RCP) is enabled by the company whose bills you are paying, you may make cash payments for services or bills at participating retailers using an EZ-Payslip barcode or token provided on a customer invoice, mobile phone, or printed from the web.

If EZ-Payslip is not already printed on the invoice, create EZ-Payslip through KUBRA EZ-PAY online or mobile application by printing the EZ-Payslip from the web or sending it to your mobile device by text message.
Take EZ-Payslip to retailer selected and follow EZ-Payslip instructions.
Advise retail clerk/personnel how much you want to pay. Clerk will tender payment including a convenience fee.
Retail clerk/personnel will provide receipt of confirmation of payment. Additionally, if an EZ-Payslip was created by web or mobile, an electronic confirmation of the payment may be texted or emailed to you.
The company or entity that you made the payment to (the “Payee”) will also be notified of such payment.
Retain the paper receipt you received from the retailer as a record of your payment.
Retain reusable EZ-Payslip for future payments.
For questions regarding crediting of payment and all other customer service inquiries, please contact the Payee to whom payment is intended.

CONDITIONS OF USE FOR KUBRA EZ-PAY RETAIL CASH PAYMENTS (RCP)

Your ability to make a payment, and the permitted amount of any payment, remains subject to authorization by the Payee and any applicable terms and conditions established by the Payee, and the retailer and the payment network partner. Funds remitted through your use of the KUBRA EZ-PAY RCP service will be made available or credited to you, as applicable, by the Payee in accordance with the terms and conditions established by the Payee. KUBRA is not responsible for any delay with respect to when funds remitted to the Payee will be made available or credited to you, or any failure of the Payee to accept or properly process any funds remitted to it.
The EZ-Payslip barcode or Token has no value associated with it, and may only be used to identify your account to which you may direct a payment. You are responsible for all payments initiated using the EZ-Payslip barcode or Token.
All payments made at the retailer are final and non-refundable.
If a convenience fee is applicable, the convenience fee must be paid at the time the cash payment is made in order for the transaction to be authorized.
Retailers are only authorized to accept cash payment.
By accepting the EZ-Payslip barcode or Token or using the EZ-Payslip barcode or token to make a payment, you agree that you will receive your transaction receipt printed and electronically.

PRIVACY POLICY

KUBRA respects your privacy. The information you provide enables us to provide the KUBRA EZ-PAY service to you. Information collected will be used for the purpose of providing the KUBRA EZ-PAY service or general enquires related to KUBRA EZ-PAY or otherwise as required by law. Please refer to KUBRA’s online Privacy Policy for information concerning KUBRA’s use of your information. For more details, view KUBRA's Privacy Policy.

UNAUTHORIZED ACCESS

The KUBRA EZ-PAY service is provided for legitimate business purposes only. Any actual or attempted unauthorized access, use or modification of this system is prohibited. The use of this service may be monitored for security reasons. Anyone accessing the Service expressly consents to such monitoring and is advised that if such monitoring reveals possible evidence of criminal activity KUBRA may provide evidence of such activity to law enforcement officials.

DISCLAIMERS

THE KUBRA EZ-PAY SERVICES, INFORMATION, DATA FEATURES, AND ALL CONTENT AND ALL SERVICES ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. KUBRA, ITS AFFILIATES (AND OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

NEITHER KUBRA, ITS AFFILIATES, OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON THE SITE OR OF THE SERVICES AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER KUBRA, ITS AFFILIATES, OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUS INTERCEPT, OR EXPROPRIATE ANY SYSTEM DATA OR PERSONAL INFORMATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL KUBRA BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES. KUBRA’S TOTAL LIABILITY FOR DAMAGES RELATED TO THE KUBRA EZ-PAY SERVICE SHALL BE LIMITED TO THE SPECIFIC DOLLAR AMOUNT OF THE CONVENIENCE FEE PAID TO KUBRA FOR THE PARTICULAR PAYMENT TRANSACTION WHICH IS THE SUBJECT MATTER OF THE CLAIM FOR DAMAGE.

CHANGES TO KUBRA EZ-PAY SERVICE AND TERMINATION OF SERVICE

KUBRA reserves the right to change or discontinue, temporarily or permanently the KUBRA EZ-PAY service at any time, or to terminate your use of the KUBRA EZ-PAY service. The Terms of Use may have been altered or amended from the last time you used the KUBRA EZ-PAY Service so be sure to read it each time before you make a payment to be certain you still agree with the provisions.

GOVERNING LAW AND SEVERABILITY

The Terms of Use shall be governed by and construed solely and exclusively in accordance with the laws of the State of New York, USA without giving effect to any law that would result in the application of the law of another jurisdiction.
The Terms of Use (including the Privacy Policy) constitutes the entire agreement between you and KUBRA regarding the use of the KUBRA EZ-PAY service.
If any provision of the Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

Except for either party's claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret, any and all disputes between you and KUBRA arising under or related in any way to these Terms of Use, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the KUBRA EZ-PAY services.

YOU AGREE THAT BY AGREEING TO THESE TERMS OF USE, YOU AND KUBRA ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND KUBRA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA"), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and KUBRA must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in your choice of the following locations: Tempe, AZ or New York, NY. The arbitrator's ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in New York City, New York. Claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in New York City, New York.

INTELLECTUAL PROPERTY

This website and the KUBRA EZ-PAY service, the content and all related intellectual property are owned by KUBRA or third parties and all right, title, and interest therein shall remain the property of KUBRA and/or such other third parties. The misuse of any of the intellectual property is expressly prohibited.

APPLE APP STORE ADDITIONAL TERMS OF USE

The following additional terms of use apply to you if you are using an app from the Apple App Store (an “Apple App”). To the extent the other terms of use of this Agreement are less restrictive than, or otherwise conflict with, the terms of use of this Section, the more restrictive or conflicting terms of use in this Section apply, but solely with respect to Apple Apps from the Apple App Store.

Acknowledgement: KUBRA and you acknowledge that this Agreement is concluded between KUBRA and you only, and not with Apple, and KUBRA, not Apple, is solely responsible for the Apple App and the content thereof.

Scope of License: The license granted to you for the Apple App is limited to a non-transferable license to use the Apple App on an iOS Product that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service.

Maintenance and Support: KUBRA is solely responsible for providing any maintenance and support services with respect to the Apple App, as specified in this Agreement (if any), or as required under applicable law. KUBRA and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App.

Warranty: KUBRA is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be KUBRA's sole responsibility.

Product Claims: KUBRA and you acknowledge that KUBRA, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple App or your possession and/or use of the Apple App, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit KUBRA’s liability to you beyond what is permitted by applicable law.

Intellectual Property Rights: KUBRA and you acknowledge that, in the event of any third-party claim that the Apple App or your possession and use of the Apple App infringes that third party's intellectual property rights, KUBRA, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Developer Name and Address: KUBRA’s contact information for any end-user questions, complaints, or claims with respect to the Apple App is: media@kubra.com.

Third-Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the Apple App.

Third-Party Beneficiary: KUBRA and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

COPYRIGHT NOTICE.

Copyright © 2024 KUBRA Data Transfer Ltd. All rights reserved.