UBIQITUM BRAND CALIBRATION - TERMS & CONDITIONS
Effective Date: 05 May 2025
These Terms and Conditions (the “Agreement”) govern the use of the Ubiqitum platform (“Platform”), provided by Ubiqitum (“we,” “us,” or “our”), which is a subscription-based service for real-time brand performance and health data analytics. By subscribing to and using the Platform, you agree to these terms. Please read them carefully before accessing or using the Platform.
1. Introduction
Ubiqitum is designed to enable marketers to test, learn, and improve their brand performance and health in real-time. Through its subscription model, Ubiqitum provides access to real-time insights by scanning data points, triangulating key brand metrics. These services are available globally, including within Australia and other predetermined nations.
2. Subscription and Payment
2.1 Subscription Options
Ubiqitum offers subscription packages based on the number of surveys you wish to conduct.
Once you subscribe, you will receive access to the selected number of surveys. Surveys must be completed within 24 months from the date of subscription.
Prices can be changed at anytime at the discretion of Ubiqitum Brand Calibration.
2.2 Payment Verification
All payments must be made through our designated payment processors. Payment will be verified and processed before access to the Platform is granted. Ubiqitum reserves the right to refuse or cancel any subscription if the payment is declined or fraudulent activity is suspected.
2.3 Currency and Payment
All payments for Ubiqitum services are listed and charged in USD. You are responsible for any transaction fees, taxes, or duties applicable in addition to your subscription.
2.4 Refund Policy
If Ubiqitum discovers that there are too few data points to deliver the insights as promised, we will notify you by email and issue a full refund of your subscription.
3. Use of the Platform
3.1 Authorized Use
By using the Platform, you agree to only use it for legitimate business purposes. The Platform must not be used to conduct or participate in any criminal activity, including but not limited to fraud, cybercrime, or activities that breach intellectual property laws.
3.2 Geographic Limitations
Ubiqitum is accessible worldwide. However, you acknowledge that certain data or services may be restricted or unavailable based on local laws or regulations in specific jurisdictions, including but not limited to data privacy laws.
Locations which Ubiqitum is available in:
Mexico, Argentina, Brazil, Canada, United States of America, Japan, Republic of Korea, Singapore, India, Pakistan, Sri Lanka, Cyprus, Georgia, Israel, Jordan, United Arab Emirates, Qatar, Saudi Arabia, Turkey, Botswana, Namibia, South Africa, Malaysia, Philippines, Thailand, Bulgaria, Czechia, Hungary, Poland, Moldova, Romania, Russia, Slovakia, Denmark, Estonia, Finland, Iceland, Ireland, Latvia, Lithuania, Norway, Sweden, United Kingdom of Great Britain and Northern Ireland, Albania, Bosnia and Herzegovina, Croatia, Greece, Italy, Malta, Montenegro, Portugal, Serbia, Slovenia, Spain, Austria, Belgium, France, Germany, Luxembourg, Netherlands, Switzerland, Australia, New Zealand, Taiwan, Egypt, Morocco, Uganda, Tanzania, Zambia, Kenya, Zimbabwe, Angola, Ivory Coast, Ghana, Nigeria, Panama, Bolivia, Chile, Peru, Kazakhstan, Indonesia, Vietnam, San Marino, Liechtenstein, Monaco, Fiji
Locations Ubiqitum has a lower serviceability:
Burundi, Djibouti, Ethiopia, Malawi, Mozambique, Rwanda, Somaliland (Disputed), Cameroon, Republic of the Congo, Democratic Republic of the Congo, Mali, Cayman Islands, Cuba, Jamaica, St Lucia, Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Columbia, Ecuador, Guyana, Paraguay, Suriname, Uruguay, Venezuela, Kyrgyzstan, Mongolia, Brunei, Cambodia, Laos, Timor-Leste, Bangladesh, Iran, Maldives, Nepal, Armenia, Azerbaijan, Bahrain, Iraq, Kuwait, Lebanon, Oman, Belarus, Ukraine, Aland Islands, Faroe Islands, Guernsey, Isle of Man, Jersey, Svalbard and Jan Mayen Islands, Andorra, Gibraltar, Holy See, North Macedonia, Christmas Island, Cocos Keeling Islands, Heard Island and McDonald Islands, Norfolk Island, New Caledonia, Papua New Guinea, Solomon Islands, Vanuatu, Kiribati, Marshall Islands, Micronesia, Nauru, Northern Mariana Islands, Palau, American Samoa, Cook Islands, Samoa, Tonga
Locations Ubiqitum is not available in:
Algeria, Libya, Sudan, South Sudan, Tunisia, West Sahara (Disputed), British-Indian Ocean territory, Comoros, Eritrea, French Southern Territories, Madagascar, Mauritius, Mayotte, Reunion, Seychelles, Somalia, South Sudan, Central African Republic, Chad, Equatorial Guinea, Gabon, Sao Tome e Principe, Eswatini, Lesotho, Togo, Benin, Burkina Faso, Cabo Verde, Gambia, Guinea, Guinea-Bassau, Liberia, Mauritania, Niger, St. Helena, Senegal, Sierra Leone, Anguilla, Antigua and Barbuda, Aruba, Bahamas, Barbados, Bonaire, British Virgin Islands, Curacao, Dominica, Dominican Republic, Grenada, Guadeloupe, Haiti, Martinique, Montserrat, Puerto Rico, Sait Barthelemy, Saint Kitts and Nevis, Saint Martin, Saint Vincent and the Grenadines, Sint Maarten, Trinidad and Tobago, Turks and Caicos Islands, US Virgin Islands, Bouvet Island, Falkland Islands, French Guiana, Bermuda, Greenland, Saint Pierre and Miquelon, Tajikistan, Turkmenistan, Uzbekistan, Mainland China, DRPK, Myanmar, Afghanistan, Bhutan, Palestine, Syria, Guam, United States Minor Outlying Islands, French Polynesia, Niue, Pitcairn, Tokelau, Tuvalu, Wallis and Futuna Islands
3.3 Timezone and Time Considerations
Ubiqitum operates using Australian Eastern Standard Time (AEST), and all data and results generated by the Platform are based on this timezone unless otherwise specified. You are responsible for adjusting your expectations and processes in accordance with the applicable timezone for your region.
4. Reserved Rights
4.1 Right to Refuse Service
Ubiqitum reserves the right to refuse, suspend, or terminate access to the Platform for any user at its sole discretion, including in cases where we suspect fraudulent activity, non-compliance with these Terms, or misuse of the Platform.
4.2 Modifications to Services
Ubiqitum may modify or discontinue any aspect of the Platform or its features at any time. We will notify you of significant changes, but we are not liable for any loss of access or data resulting from such changes.
5. Platform Restrictions
5.1 Prohibited Activities
You agree not to use the Platform to:
Conduct or facilitate any unlawful activities or criminal offenses;
Attempt to disrupt, hack, or damage the functionality of the Platform;
Use the Platform for any form of spam, phishing, or solicitation;
Reverse engineer, decompile, or disassemble the Platform’s code or technology;
Misuse the data provided by the Platform for any unlawful purpose or commercial gain.
5.2 Security
Ubiqitum implements industry-standard security measures to protect your data, including encryption, secure server connections, and routine audits. However, you acknowledge that no security system is entirely foolproof, and we cannot guarantee complete security.
5.3 Account Management
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Ubiqitum immediately if you become aware of any unauthorized use of your account or any other security breach.
6. Privacy and Data Use
6.1 Data Collection
Ubiqitum collects data related to your brand and competitors for the purpose of providing insights and performance metrics. This includes but is not limited to brand awareness, credibility, and spend efficiency metrics, as outlined in the Platform’s product description.
6.2 Data Use and Sharing
Ubiqitum will not share or sell your data to third parties, except when required by law or as necessary to provide the services (e.g., third-party service providers facilitating payment processing). For further information, refer to Ubiqitum’s Privacy Policy.
6.3 Data Retention
We retain your data only for as long as necessary to fulfill the purpose for which it was collected, in accordance with applicable laws. If you request to have your data deleted, we will comply with such requests, subject to legal retention requirements.
7. Disclaimers
7.1 Accuracy of Data
Ubiqitum strives to provide accurate and reliable data. However, the Platform cannot guarantee 100% accuracy, particularly in cases where insufficient data is available.
7.2 Limitation of Liability
To the fullest extent permitted by law, Ubiqitum will not be liable for any indirect, consequential, incidental, or punitive damages arising from the use of the Platform, including loss of profits, data, or business opportunities. Ubiqitum’s total liability is limited to the amount paid by you for the subscription within the past 12 months.
7.3 No Endorsement
Ubiqitum does not endorse any brands, services, or products analysed or assessed on the Platform. The data provided is for informational purposes only and should not be construed as investment or business advice.
8. International Usage and Compliance
8.1 Compliance with Local Laws
You agree to comply with all applicable local laws, regulations, and industry standards when using the Platform. This includes compliance with data privacy laws, intellectual property regulations, and consumer protection laws in the jurisdiction where you operate.
8.2 International Restrictions
Access to Ubiqitum may be subject to export control laws and regulations. You may not use the Platform in any country or region where such use is prohibited by law. It is your responsibility to ensure compliance with the legal requirements in the jurisdiction where you operate.
8.3 Cross-Border Data Transfer
By using the Platform, you consent to the transfer of data across borders, including potentially to countries outside of your country of residence. Ubiqitum takes appropriate steps to ensure that any data transferred is handled in accordance with applicable data protection laws.
9. Indemnity
You agree to indemnify, defend, and hold Ubiqitum, its affiliates, directors, employees, and agents harmless from and against any claims, losses, damages, liabilities, costs, or expenses (including reasonable legal fees) arising from your breach of these Terms or misuse of the Platform.
10. Governing Law and Dispute Resolution
10.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law principles.
10.2 Dispute Resolution
Any disputes arising out of or in connection with this Agreement shall be resolved through mediation, and if unsuccessful, through binding arbitration in Australia. The language of arbitration shall be English, and the location of arbitration will be determined by Ubiqitum.
11. Miscellaneous
11.1 Entire Agreement
This Agreement, along with any policies or guidelines incorporated by reference, constitutes the entire agreement between you and Ubiqitum regarding the use of the Platform.
11.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remainder of these Terms will remain in full effect.
11.3 Force Majeure
Ubiqitum shall not be liable for failure to perform any obligation under these Terms if such failure is caused by circumstances beyond our reasonable control, including natural disasters, labor disputes, and government actions.
11.4 Assignment
You may not assign or transfer any rights or obligations under this Agreement to a third party without prior written consent from Ubiqitum. Ubiqitum may assign or transfer its rights and obligations without restriction.
11.5 Waiver
Any waiver of rights under these Terms will only be effective if made in writing by Ubiqitum. A failure to enforce any provision of these Terms does not constitute a waiver of such provision.
12. Contact Information
For any questions, concerns, or requests related to this Policy or how your data is used, please contact us at:
Ubiqitum Support
Email: surveysupport@ubiqitum.com
Address:
21-23 Stewart St
Richmond, VIC, 3121
Australia
By subscribing to and using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
This updated document now includes additional clauses, providing a more comprehensive framework for both domestic and international usage. It addresses issues such as account management, cross-border data transfers, and waivers, and includes clearer indemnity clauses and dispute resolution processes.