Terms of Service

Terms and Conditions

Our Terms and Conditions were last updated on 06/06/2023.

These Terms and Conditions govern your participation in and use of any website, application, web pages, or other electronic services operated by CLUSTER DISTRIBUIDORA DE SOFTWARE LTDA. Please read these terms and conditions carefully before agreeing to use our services.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.

Definitions

For the purposes of these Terms and Conditions:

● “Account” means a unique account created for You to access our Service or parts of our Service.

● “Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to CLUSTER DISTRIBUIDORA DE SOFTWARE LTDA.

● “Country” refers to BRAZIL.

● “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

● “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.

● “Feedback” means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.

● “Service” refers to the Website or SaaS Service provided by the Company.

● “Terms and Conditions” (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

● “Website” refers to NewHub, accessible from https://app.newhub.com

● “You” means the individual or company accessing or using the Service, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

User rights and obligations (Accounts, Registration, and Subscription)

When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

We are not obliged to permit anyone to register with the Service and we reserve the right to refuse registration to anyone for any reason. We also reserve the right at our discretion to remove any content from the Service, terminate your registration and/or subscription, and restrict your access to the Service at any time for any reason.

We may allow access to the Service without a registration or subscription. The company reserves the right to withdraw access without a registration or subscription at any time.

Unless the Company has expressly agreed otherwise, You or your employer must obtain a valid subscription from Us in order to gain access to the Service.

The use of the Service is subject to a valid and legal Qlik License (granted by Qlik in favor of your employer and, if relevant, You and other users). We do not authorize access to our Service without a Qlik License. The Company is not a party to any legal terms provided by Qlik, does not provide support for Qlik Sense or other products provided by Qlik, and does not guarantee, endorse, or assume any liability for solutions created using the Service. You and/or your employer, and not the Company, are responsible for identifying, understanding, and complying with Qlik’s terms and conditions.

Access to certain functionality and features (including access to certain levels of support) may be restricted or limited, depending on the subscription taken out by You as an individual subscriber or your employer.

We reserve the right to add or remove services and functionality from any registration or subscription type or to add or remove registration or subscription types.

We may offer a free trial period during which we allow You, for a limited period, to access functionality that is usually only available to subscribers. If the trial is offered for a fixed period, once the trial period ends if You or your employer does not take out a subscription, We reserve the right to withdraw access to the Service. We may, at Our sole discretion, extend or withdraw any trial period. Trial periods are offered strictly at Our discretion, and We may reduce the period or change the terms of any trial period We offer at any time. During a free trial the Service may only be used to evaluate whether the Service is suitable for your purposes, and it may not be used for commercial purposes.

Data Protection

Any personal data held or processed by Us is handled in accordance with our Privacy Notice which can be found here: https://clusterdesign.io/privacy-policy

The Company does not store any data related to data analysis. This means that the analytical data within your charts and tables are never stored in the Company's databases. Instead, the Company solely collects the necessary information required to provide You with the Service.

It is important to note that all the information You see while using the Service, such as charts, tables, and any other Qlik object, is directly sourced from your Qlik Cloud tenant during runtime. We do not store any of this data in Our environments.

The Company is committed to protecting your personal data and handling it in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) for users located in the European Economic Area (EEA) and the Brazilian General Data Protection Law (Lei Geral de Proteção de Dados or "LGPD") for users located in Brazil. Any personal data collected or processed by the Company will be handled in accordance with our Privacy Policy, which can be found at https://docs.clusterdesign.io/newhub-saas/privacy-policy. The Company may collect and use personal data for the purpose of providing the Service to You, including but not limited to, account registration, subscription management, and customer support. The Company may also use personal data for internal purposes such as improving the Service and conducting research or analysis. By using the Service, You consent to the Company's collection, use, and processing of your personal data in accordance with applicable data protection laws and our Privacy Notice. You have the right to request access to, correction of, or deletion of your personal data held by the Company, as well as the right to withdraw your consent to the Company's processing of your personal data. For more information on how the Company handles personal data and your rights as a data subject, please refer to our Privacy Notice.

In terms of tracking usage and performance, We do maintain certain non-sensitive data in Our database. This includes the hostname of your tenant and the email address You use to access the platform. By storing this limited information, We can effectively monitor the number of users and gain valuable insights into how Our platform is performing, ultimately ensuring We deliver optimal value to Our clients.

Google Analytics. To assist the Company in maintaining and improving the Service, We use Google Analytics to gather information about the usage of the Service. For example, it tracks how many visitors the Service has, which screens they spend time on, what kinds of operating systems and devices they use, and how they found the Service. Google Analytics does not track, collect, or upload any data that personally identifies an individual (such as a name, email address, account number, or billing information), or other data which can be reasonably linked to such information. The information helps the Company improve the performance of this Service for You. For more information on Google's use of the data, please see the website "How Google uses data when You use our partners' sites or apps" located at http://www.google.com/policies/privacy/partners/.

You can prevent Google Analytics from recognizing You on return visits to the Service by disabling the Google Analytics cookie on your browser. You can opt out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

The Service uses Vercel Analytics to track and store web vitals performance data, such as page load times, first contentful paint, and other metrics. We use this data to help us improve the performance of our websites. No personal information is shared with Vercel Analytics while You are browsing our websites, such as your name, email address, phone number, or IP address. See Vercel Analytics's documentation and Vercel's privacy policy for more detailed information.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, titles, and interests in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company 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 web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Renewal, Cancellation, and Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of a course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) User

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is a material We will make reasonable efforts to provide at least 30 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 Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

● By visiting this page on Our website: https://newhub.com

● By sending Us an email: [e-mail] or [e-mail]