Terms of Service

1. Acceptance of Terms

By checking the "I accept the Terms of Service" box during registration, by creating an account, or by accessing or using quiBAL (the "Service"), you ("User," "Client," or "you") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms," "Agreement," or "ToS"). This constitutes a binding clickwrap agreement.

If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" and "Client" shall refer to that entity.

If you do not agree to these Terms, you must not access or use the Service.

You must be at least 18 years of age to use the Service. By accepting these Terms, you represent and warrant that you are at least 18 years old. The Service is designed exclusively for business and professional use. Consumer use is not permitted or supported.

1.1 Electronic Communications Consent

By creating an account and using the Service, you consent to receive communications from us electronically, including emails, in-app notifications, and messages posted on the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• "Service" or "quiBAL" means the quiBAL cloud-based maintenance management platform, including all associated mobile applications, web applications, APIs, features, and documentation.
• "Company," "we," "us," or "our" means SIBAL, a company incorporated under the laws of the Republic of Ecuador, the developer and operator of quiBAL.
• "User" means any individual who accesses or uses the Service under a Client account, including administrators, advisors, and technicians.
• "Client" means the business, organization, or legal entity that subscribes to and pays for the Service.
• "Subscription" means the paid plan selected by the Client that grants access to the Service for a defined period and with specific usage limits.
• "Content" means any data, text, images, photographs, documents, files, reports, or other materials uploaded, submitted, or generated by Users through the Service.
• "User Data" means all data, Content, and information entered, uploaded, or stored by Users in the Service, including but not limited to client records, equipment data, maintenance records, projects, reports, and photographs.
• "Paddle" means Paddle.com Market Limited, the Merchant of Record responsible for processing payments, issuing invoices, and handling tax compliance for the Service.
• "Account" means the registered access credentials and associated configuration assigned to a User within a Client's organization.
• "Billing Period" means the recurring interval (monthly or annual) for which the Client is charged for the Subscription.
• "Authorized User" means an individual who has been granted access to the Service by the Client's administrator.
• "Enterprise Plan" means a custom subscription plan with individually negotiated terms, pricing, and service level agreements.

3. Service Description

quiBAL is a cloud-based Computerized Maintenance Management System (CMMS) designed for businesses and professionals. The Service enables Clients to:

• Create, assign, and manage work orders for preventive and corrective maintenance
• Manage maintenance projects with status workflows and team assignments
• Register and manage an equipment catalog with categories and specifications
• Register and track client-specific equipment instances (brand, model, serial number, location, internal code)
• Manage client and customer records
• Generate professional technical reports in PDF format with digital signatures
• Access, store, and manage technical manuals linked to equipment models, with encrypted offline download capability
• Generate and scan QR labels for equipment identification, with thermal printer support
• Record and track equipment meters (hour meters, odometers, cycles) with trend charts and maintenance predictions
• Import equipment data via CSV files
• Manage users with role-based access control (administrator, advisor, technician)
• Synchronize data to the cloud with offline support for field operations
• Content moderation for uploaded images via automated safety analysis

The specific features, capacities, and limits available to the Client depend on the Subscription plan selected. Feature availability may vary by platform (iOS, Android, web).

4. Eligibility

To register for and use quiBAL, you must meet all of the following requirements:

• Age: You must be at least 18 years of age.
• Legal entity: You must represent a legitimate business, organization, or professional practice. quiBAL is a business-to-business (B2B) service and is not intended for personal or consumer use.
• Accurate information: You must provide truthful, accurate, current, and complete information during registration and keep it updated at all times.
• Legal capacity: You must have the legal authority to enter into binding agreements on behalf of your organization.
• Compliance: You must be able to use the Service in compliance with all applicable local, national, and international laws and regulations.

We reserve the right to verify your eligibility and to refuse or revoke access to anyone who does not meet these requirements.

5. Account Registration and Security

5.1 Registration and Verification

To use the Service, you must complete the registration process by providing the required information about your organization and verifying your email address. All registration requests are subject to review and approval by our team. We reserve the right to reject, suspend, or revoke any registration or account at our sole discretion, with or without cause, and with or without prior notice.

5.2 Account Security

You are responsible for:

• Maintaining the confidentiality and security of your login credentials (email and password)
• All activities that occur under your account, whether or not authorized by you
• Ensuring that only Authorized Users access the Service under your Client account
• Immediately notifying us at soporte@quibal.com of any unauthorized access or security breach

We shall not be liable for any loss or damage arising from your failure to safeguard your account credentials.

5.3 Single Session Control

quiBAL enforces a single-session policy: only one active session per User account is permitted at any given time. When a User signs in on a new device or browser, any previously active session is automatically terminated. This security measure is integral to the Service and may not be circumvented.

5.4 User Roles

The Client's administrator is responsible for managing user accounts, assigning roles (administrator, advisor, technician), and controlling access permissions within their organization. The administrator assumes full responsibility for the actions of all Users they authorize.

6. Subscription Plans and Pricing

6.1 Available Plans

quiBAL offers the following subscription plans:

• Individual: $19.99/month -- for independent professionals (1 user, 50 projects, 40 clients, 75 equipment, 80 PDF reports, 500 MB storage)
• Basic: $69.99/month -- for small teams (up to 5 users, 85 projects, 90 clients, 130 equipment, 200 PDF reports, 1 GB storage)
• Professional: $89.99/month -- for medium-sized businesses (up to 10 users, 130 projects, 120 clients, 200 equipment, 400 PDF reports, 5 GB storage)
• Premium: $119.99/month -- for large businesses (up to 20 users, 250 projects, 200 clients, 300 equipment, 800 PDF reports, 10 GB storage)
• Enterprise: Custom pricing -- for organizations with specific requirements (contact soporte@quibal.com)

All prices are quoted in United States Dollars (USD). Applicable taxes, duties, and fees are calculated and collected by Paddle at the time of purchase based on your jurisdiction.

6.2 Annual Billing

Annual subscriptions are billed for 11 months upfront, effectively providing one month free compared to monthly billing. Annual subscriptions are non-refundable after the initial 14-day refund period described in Section 9.

6.3 Pricing Changes

We reserve the right to modify subscription pricing at any time. Any price changes will take effect with at least 30 days' prior written notice sent to the email address associated with your account. Price changes will not apply to the current Billing Period but will take effect at the next renewal. If you do not agree with a price change, you may cancel your Subscription before the new pricing takes effect.

6.4 Usage Limits

Each Subscription plan includes specific usage limits (number of users, projects, clients, equipment, PDF reports, and storage). If you exceed these limits, you may be required to upgrade to a higher-tier plan. We may restrict functionality if limits are consistently exceeded without upgrading.

7. Free Trial

• Duration: 30 calendar days from the date of account approval.
• Plan level: During the trial, you will have access to the features and limits of the Professional plan.
• Approval: Free trials are subject to review and approval by our team. We reserve the right to deny, limit, or revoke trial access at our sole discretion.
• No payment required: No credit card or payment method is required to start a free trial.
• Automatic expiration: At the end of the 30-day trial period, your access to the Service will be suspended unless you select and activate a paid Subscription plan.
• Data retention: Your data will be retained for 30 days after trial expiration. If no Subscription is activated within that period, your data may be permanently deleted.
• Limitations: Free trials are limited to one per organization. We reserve the right to deny trials to organizations that have previously had a trial or paid Subscription.

8. Billing and Payment

8.1 Merchant of Record

All payments for the Service are processed by Paddle.com Market Limited ("Paddle"), which acts as our Merchant of Record. Paddle is responsible for processing transactions, collecting applicable taxes and duties, issuing tax-compliant invoices, and handling payment disputes. By subscribing to quiBAL, you also agree to Paddle's Terms of Service and Privacy Policy.

8.2 Billing Cycle

Subscriptions are billed in advance on a recurring basis according to the Billing Period you select (monthly or annual). The billing date is determined by the date of your initial subscription purchase.

8.3 Automatic Renewal

Your Subscription will automatically renew at the end of each Billing Period at the then-current price, unless you cancel before the renewal date. It is your responsibility to cancel before the renewal date if you do not wish to continue the Subscription.

8.4 Payment Methods

Paddle accepts major credit and debit cards, PayPal, and other payment methods depending on your region. The specific payment methods available to you are displayed at checkout. You are responsible for ensuring that your payment method is valid and has sufficient funds.

8.5 Tax-Compliant Invoices

Paddle issues tax-compliant invoices that are valid for tax deduction purposes in most jurisdictions. Invoices are available through Paddle's customer portal. quiBAL does not issue invoices directly.

8.6 Failed Payments

If a payment fails, Paddle will attempt to process the payment again according to its retry schedule. If payment remains unsuccessful after multiple attempts, your Subscription may be suspended or terminated. We will notify you by email of any payment failures.

9. Refund Policy

9.1 Pro-Rated Refunds

If you are dissatisfied with the Service, you may request a pro-rated refund within the first 14 calendar days of a new Subscription or a Subscription renewal. Refunds will be calculated based on the unused portion of the Billing Period. After 14 days from the start of a Billing Period, no refunds will be issued.

9.2 Refund Process

To request a refund, contact us at soporte@quibal.com with your account details and reason for the request. All refunds are processed by Paddle and will be returned to the original payment method. Refund processing times depend on your payment provider and may take 5 to 10 business days.

9.3 Non-Refundable Items

The following are not eligible for refunds:

• Subscription fees after the 14-day refund period has elapsed
• Partial months or unused time after the refund period
• Accounts terminated due to violation of these Terms
• Enterprise plans with custom refund terms specified in their individual agreements

10. Cancellation

10.1 How to Cancel

You may cancel your Subscription at any time through one of the following methods:

• From the "My Subscription" section within the quiBAL application
• Through Paddle's subscription management portal
• By contacting us at soporte@quibal.com

10.2 Effect of Cancellation

Cancellation takes effect at the end of the current Billing Period. You will retain full access to the Service until the end of the period for which you have already paid. No pro-rated refunds are issued for unused time remaining in the current Billing Period (except as provided in Section 9).

10.3 Data Retention After Cancellation

After your Subscription ends, your data will be retained in a read-only state for 30 calendar days. During this period, you may request a data export (see Section 23). After 30 days, your data may be permanently and irreversibly deleted from our systems and backups. We strongly recommend exporting all data before your Subscription expires.

11. Suspension and Termination

11.1 Suspension or Termination by quiBAL

We may suspend or terminate your access to the Service, in whole or in part, immediately and without prior notice, for any of the following reasons:

• Violation of Terms: Breach of any provision of these Terms, including the Acceptable Use Policy
• Non-payment: Failure to pay subscription fees after the grace period provided by Paddle
• Fraud: Suspected fraudulent activity, misrepresentation, or abuse of the Service
• Inactivity: No login or activity on the account for more than 12 consecutive months
• Legal requirement: Compliance with a court order, government directive, or applicable law
• Security threat: Activity that poses a risk to the security, integrity, or availability of the Service or other users' data

Where practicable, we will provide notice before suspension or termination and give you an opportunity to remedy the issue. However, we reserve the right to act immediately when necessary to protect the Service, our users, or comply with legal obligations.

11.2 Termination by the User

To request the deletion of your account and all its data, the account owner must follow these steps:

1. Cancel the subscription: If you have an active subscription through Paddle, you must cancel it first from the Paddle management portal (see Section 10).
2. Wait for the paid period to end: After canceling, your subscription remains active until the end of the already-paid billing period. For example, if you canceled on the 5th but your period ends on the 28th, you will retain access until the 28th. It is not possible to request deletion during this time.
3. Request deletion: Once the subscription has expired, you can request deletion in two ways:
   • From the app: Settings → Privacy & Data → My Data → "Request account deletion". Confirmation by typing "DELETE" is required.
   • By email: Contacting soporte@quibal.com.

Accounts with a free trial subscription or those managed directly by the administrator may request deletion at any time without the need to cancel first.

11.3 Grace Period and Cancellation

After requesting deletion:

• A 30-day grace period begins, during which you may cancel the request at any time from Settings → Privacy & Data
• You will receive a confirmation email with the estimated deletion date
• A reminder will be sent when 3 days remain before deletion
• During the grace period, you can export your data from the app (Settings → Privacy & Data → Export my data)
• App access is maintained during the 30 days to allow data export

11.4 Effect of Termination

Once the 30-day grace period has elapsed, permanent and irreversible deletion proceeds:

• All associated User accounts will be deleted
• All Customer Content will be permanently deleted (projects, maintenance records, clients, equipment, photos, PDFs, manuals, signatures)
• The client's storage and database will be deleted in their entirety
• Downloaded offline content (encrypted manuals) will become inaccessible
• Any outstanding fees remain due and payable

A minimal fiscal record (company name, administrator email, Tax ID, and billing dates) will be retained for the period required by applicable tax law.

11.5 Automatic Deletion Due to Inactivity

If your subscription expires and is not renewed:

• At 90 days after expiration, you will receive a reminder to export your data
• At 180 days after expiration, your data will be permanently deleted automatically, following the same process described in Section 11.4

Sections of these Terms that by their nature should survive termination (including, without limitation, Sections on intellectual property, limitation of liability, indemnification, and dispute resolution) shall survive any termination or expiration of this Agreement.

12. Acceptable Use Policy

12.1 Permitted Uses

You may use the Service only for the following lawful business purposes:

• Managing maintenance operations, work orders, and projects for your organization
• Registering and tracking equipment, clients, and related business records
• Generating technical reports, PDF documents, and QR labels
• Storing and sharing technical manuals and documentation with Authorized Users
• Exporting your own data for your own business purposes
• Granting access to Authorized Users within your organization (employees, contractors)

12.2 Prohibited Uses

You shall not, and shall not permit any User to:

• Share credentials: Share, transfer, or disclose login credentials with unauthorized third parties
• Illegal activity: Use the Service for any purpose that is unlawful, fraudulent, or prohibited by these Terms or applicable law
• Security breaches: Attempt to gain unauthorized access to the Service, other accounts, servers, networks, or systems; probe, scan, or test the vulnerability of the Service
• Reverse engineering: Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Service or any part thereof
• Reselling: Resell, sublicense, redistribute, or make the Service available to any third party outside your organization without written consent
• Spam and malware: Use the Service to send unsolicited communications, spam, malware, or any harmful code
• Infrastructure overload: Intentionally overload, disrupt, or impair the Service infrastructure, including through denial-of-service attacks
• Automated access: Use bots, scrapers, crawlers, or other automated means to access the Service without our express written permission
• Inappropriate content: Upload, store, or transmit content that is illegal, obscene, defamatory, threatening, harassing, discriminatory, or otherwise objectionable
• Session circumvention: Circumvent, bypass, or attempt to defeat the single-session security control
• Regulated data: Store medical records (PHI/HIPAA), financial records subject to PCI-DSS, or other specially regulated data categories for which the Service is not designed or certified
• Derivative works: Create derivative works based on the Service, its design, or its functionality
• Benchmark or competition: Use the Service to build a competing product or publish benchmark comparisons without our written consent

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.

13. Content Standards and Moderation

13.1 Automated Content Scanning

Photographs and images uploaded to the Service are automatically analyzed using Google Cloud Vision API SafeSearch technology to detect potentially inappropriate, harmful, or illegal content. This process is:

• Fully automated and executed on our backend servers
• Transparent to the User (no user interaction or consent prompt is required at the time of upload)
• Limited to safety classification (adult, violence, medical, racy content detection)
• Not used for data mining, profiling, advertising, or any purpose other than safety moderation

13.2 Content Removal

We reserve the right, but have no obligation, to:

• Review, flag, and remove any Content that violates these Terms or applicable law
• Suspend or terminate accounts that repeatedly upload inappropriate content
• Report illegal content to the appropriate legal authorities when required by law

13.3 No Obligation to Monitor

While we employ automated content moderation tools, we do not undertake an obligation to proactively monitor all Content uploaded by Users. You are solely responsible for the Content you upload and its compliance with applicable laws and these Terms.

14. Intellectual Property

14.1 quiBAL Ownership

The Service, including but not limited to the software, source code, design, user interface, branding, trademarks, logos, documentation, and all related intellectual property, is and shall remain the exclusive property of SIBAL and/or its licensors. These are protected by intellectual property laws of Ecuador and international treaties, including copyright, trademark, patent, and trade secret laws.

14.2 License, Not Sale

The Service is licensed, not sold. Your Subscription grants you a right to access and use the Service, not to own, possess, or acquire any part of it. You do not acquire any ownership interest, title, or intellectual property rights in or to the Service by virtue of these Terms, your Subscription, or your use of the Service.

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service solely for your internal business purposes during the term of your Subscription. This license does not include the right to:

• Copy, modify, or create derivative works of the Service or any part thereof
• Sublicense, sell, transfer, or distribute access to the Service
• Use the Service's intellectual property in any way not expressly authorized by these Terms

14.3 Reservation of Rights

All rights not expressly granted to you under these Terms are reserved by SIBAL. Nothing in these Terms shall be construed as transferring any technology, trade secrets, know-how, algorithms, or proprietary processes to you or any third party. Upon termination or expiration of your Subscription, all rights granted to you under this Section 14 shall immediately cease.

14.4 User Data Ownership

You retain all right, title, and interest in and to your User Data. quiBAL does not claim any ownership rights over your User Data. Nothing in these Terms shall be construed as transferring ownership of User Data to quiBAL.

14.5 Feedback

If you provide suggestions, ideas, or feedback about the Service ("Feedback"), you grant us an irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to you.

15. User Data Ownership and License

15.1 Your Data, Your Property

You retain full ownership of all User Data you enter, upload, or generate through the Service. We do not claim any ownership rights over your data.

15.2 Limited License to Process

By using the Service, you grant quiBAL a limited, non-exclusive, worldwide license to host, store, process, transmit, display, and reproduce your User Data solely for the purposes of:

• Providing, maintaining, and improving the Service
• Generating reports and outputs as requested by you
• Creating backups to protect against data loss
• Complying with applicable legal obligations

This license is limited to what is strictly necessary to provide the Service and terminates when your data is deleted from our systems.

15.3 No Data Mining or Selling

We will never:

• Sell, rent, lease, or trade your User Data to any third party
• Use your User Data for advertising, profiling, or marketing purposes
• Mine, analyze, or aggregate your User Data for purposes unrelated to providing the Service
• Share your User Data with third parties except as necessary to provide the Service (e.g., cloud infrastructure providers) or as required by law

16. Confidentiality

16.1 Multi-Tenant Data Segregation

quiBAL uses a multi-tenant architecture with strict logical data segregation. Each Client's data is stored in isolated database collections and storage paths. Security rules enforce that each Client can only access their own data. No Client can access, view, or modify another Client's data.

16.2 Access to Your Data

We will not access, review, or use your User Data except:

• As necessary to provide, maintain, or troubleshoot the Service at your request (e.g., technical support)
• To comply with a valid legal obligation, court order, or government request
• For automated content moderation as described in Section 13
• To enforce these Terms or protect the rights, safety, or property of quiBAL, its users, or the public

Where practicable, we will notify you before accessing your data for support purposes and will limit access to the minimum necessary.

16.3 Employee Access

Access to Client data by our personnel is strictly limited to authorized staff who require it for the specific purposes listed above, and is subject to confidentiality obligations.

17. Third-Party Services

17.1 Third-Party Providers

The Service relies on the following third-party providers to deliver its functionality:

• Google Firebase / Google Cloud Platform: Cloud infrastructure, database, authentication, storage, and backend services. Subject to Firebase Terms of Service and Google Cloud Terms of Service.
• Google Gemini AI: AI-assisted generation of equipment types with preventive inspection checklists. Only descriptive business text is sent; no personal data or photos. Subject to Gemini API Terms of Use.
• Google Cloud Vision API: Automated content moderation (SafeSearch) for uploaded images. Subject to Google Cloud Terms of Service.
• Paddle.com Market Limited: Payment processing, subscription management, tax compliance, and invoicing. Subject to Paddle's Terms of Service.
• Hostinger: Transactional email delivery (account verification, service notifications).

17.2 Disclaimer for Third-Party Services

We do not control and are not responsible for the availability, performance, security, or policies of third-party services. We disclaim all liability for:

• Outages, downtime, or service interruptions caused by third-party providers
• Changes to third-party terms of service, pricing, or functionality
• Data processing by third-party providers in accordance with their own policies
• Actions or omissions of third-party providers

Your use of the Service constitutes your acknowledgment and acceptance of the involvement of these third-party providers.

18. Service Availability and SLA

18.1 Availability Target

We strive to maintain the Service with a target uptime of 99.5% on a monthly basis. This target is a goal, not a guarantee. We do not warrant uninterrupted, timely, secure, or error-free operation of the Service.

18.2 Scheduled Maintenance

We reserve the right to perform scheduled maintenance, updates, and upgrades to the Service. We will provide at least 48 hours' prior notice for planned maintenance that may cause service interruption, when reasonably possible. Emergency maintenance may be performed without prior notice when necessary to protect the security or integrity of the Service.

18.3 Service Level Agreements

Formal Service Level Agreements (SLAs) with guaranteed uptime commitments, response times, and financial remedies are available only under Enterprise plans. For all other plans, the Service is provided on an "as available" basis. Contact soporte@quibal.com for Enterprise SLA details.

18.4 "As Is" Basis

The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, as further described in Section 19.

19. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

We expressly disclaim all warranties, including but not limited to:

• Implied warranties of merchantability -- the Service may not meet your specific commercial needs
• Fitness for a particular purpose -- we do not warrant that the Service is suitable for any particular use case
• Non-infringement -- we do not warrant that the Service does not infringe any third-party rights
• Accuracy or reliability -- we do not warrant the accuracy, completeness, or reliability of any data, reports, or outputs generated by the Service
• Uninterrupted or error-free operation -- the Service may experience downtime, bugs, or errors

IMPORTANT: The Service is a maintenance management tool. It does not constitute professional engineering advice, maintenance consulting, safety certification, or regulatory compliance guidance. You are solely responsible for ensuring that your maintenance operations comply with applicable laws, industry standards, and safety regulations. Decisions made based on data or reports generated by the Service are made at your own risk.

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions apply to the maximum extent permitted by applicable law.

20. Limitation of Liability

20.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF quiBAL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO quiBAL (THROUGH PADDLE) DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

20.2 Excluded Damages

IN NO EVENT SHALL quiBAL BE LIABLE FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES:

• Loss of revenue, profits, business, or anticipated savings
• Loss of data (except to the extent covered by our backup systems)
• Loss of goodwill or reputation
• Indirect, incidental, special, consequential, or punitive damages
• Cost of procurement of substitute goods or services
• Third-party claims against you arising from your use of the Service
• Any damages arising from interruption of the Service, loss of access, or system failures

20.3 Jurisdictional Limitations

Some jurisdictions do not allow the limitation or exclusion of liability for incidental, consequential, or certain other types of damages. In such jurisdictions, the limitations above shall apply to the maximum extent permitted by applicable law. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

21. Indemnification

You agree to indemnify, defend, and hold harmless SIBAL (quiBAL), its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or in connection with:

• Your use or misuse of the Service
• Your violation of any provision of these Terms
• Your violation of any applicable law, regulation, or third-party right
• Content you upload, submit, or transmit through the Service
• Any illegal, fraudulent, or unauthorized activity related to your account
• Any claim by a third party arising from or related to your use of the Service
• Your negligence or willful misconduct

We will notify you promptly of any such claim and cooperate with your defense, at your expense. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense.

22. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) to the extent that such failure or delay is caused by circumstances beyond that party's reasonable control ("Force Majeure Event"), including but not limited to:

• Natural disasters (earthquakes, floods, hurricanes, volcanic eruptions, tsunamis, wildfires)
• War, armed conflict, invasion, military action, or acts of terrorism
• Epidemics, pandemics, quarantine restrictions, or public health emergencies
• Government actions, regulations, embargoes, sanctions, or trade restrictions
• Civil unrest, riots, strikes, or labor disputes
• Failure of utility services (electricity, water, telecommunications)
• Internet outages, disruptions to the global internet infrastructure, or DNS failures
• Distributed denial-of-service (DDoS) attacks or other cyberattacks beyond reasonable mitigation measures
• Failure, outage, or discontinuation of third-party service providers (including Google Firebase, Paddle, or cloud infrastructure providers)
• Acts of God or any other events beyond the reasonable control of the affected party

The affected party shall notify the other party as soon as reasonably practicable and make all reasonable efforts to mitigate the effects of the Force Majeure Event. If a Force Majeure Event continues for more than 60 consecutive days, either party may terminate these Terms upon written notice.

23. Data Export and Portability

23.1 Right to Export

You have the right to export your User Data at any time during an active Subscription. Data can be exported in standard, commonly used, and machine-readable formats, including:

• JSON: Structured data (equipment records, maintenance records, client data, projects)
• PDF: Technical reports and maintenance documents
• CSV: Tabular data exports
• ZIP: Bulk downloads including photographs and attachments

23.2 Post-Cancellation Access

After cancellation or expiration of your Subscription, your data will remain available for export for 30 calendar days. During this period, you may request a complete data export by contacting soporte@quibal.com. After 30 days, data may be permanently deleted.

24. Modifications to Terms

We reserve the right to modify, update, or replace these Terms at any time. When we make material changes:

• We will provide at least 30 days' prior notice before the new Terms take effect
• Notice will be sent by email to the address associated with your account and displayed within the application
• The updated Terms will be posted at this URL with the new effective date and version number

Your continued use of the Service after the 30-day notice period constitutes your acceptance of the updated Terms. If you do not agree with the modifications, you must stop using the Service and cancel your Subscription before the new Terms take effect. In that case, the previous version of the Terms shall govern until the end of your current Billing Period.

25. Modifications to Service

We continuously improve the Service and may, at our sole discretion:

• Add features: Introduce new features, modules, or capabilities
• Modify features: Change, update, or improve existing features and functionality
• Remove features: Discontinue or remove features that are no longer viable or necessary

For material changes that significantly affect the Service's core functionality or your usage, we will provide at least 30 days' prior notice. Minor updates, improvements, bug fixes, and security patches may be deployed without notice. We will not remove core features that are fundamental to your Subscription plan without providing a reasonable alternative or adjustment.

26. Dispute Resolution

26.1 Step 1: Contact Support

If you have a dispute or complaint regarding the Service, you must first contact our support team at soporte@quibal.com. We will make reasonable efforts to resolve the matter through our internal dispute resolution process.

26.2 Step 2: Good Faith Negotiation

If the dispute is not resolved through support, both parties agree to engage in good faith negotiation for a period of 30 calendar days from the date one party notifies the other in writing of the dispute. During this period, both parties shall make genuine efforts to reach an amicable resolution.

26.3 Step 3: Binding Arbitration

If the dispute remains unresolved after the 30-day negotiation period, the dispute shall be finally resolved by binding arbitration administered under the Rules of Arbitration of the International Chamber of Commerce (ICC). The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be Cuenca, Ecuador. The language of the arbitration shall be Spanish, unless both parties agree to English. The arbitrator's decision shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.

26.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Ecuador, without regard to its conflict of laws principles.

26.5 Venue

Any disputes not resolved through arbitration shall be resolved in the competent courts of the city of Cuenca, Ecuador, without prejudice to your mandatory consumer protection rights under the laws of your country of residence.

27. Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, you and quiBAL agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in class action lawsuits, class-wide arbitrations, or any other proceeding where any party acts or proposes to act in a representative capacity.

If this class action waiver is found to be unenforceable in your jurisdiction, the entirety of this Section 27 shall be null and void, and the dispute shall be resolved in accordance with Section 26. This waiver does not apply in jurisdictions where class action waivers are prohibited by mandatory law.

28. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the remaining provisions, which shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties, or if modification is not possible, it shall be severed from these Terms.

29. Entire Agreement

These Terms of Service, together with our Privacy Policy and any applicable Enterprise agreement or order form, constitute the entire agreement between you and quiBAL with respect to the use of the Service. These Terms supersede all prior or contemporaneous oral or written communications, proposals, representations, warranties, and agreements relating to the subject matter hereof.

In the event of a conflict between these Terms and an Enterprise agreement, the Enterprise agreement shall prevail to the extent of the conflict.

30. Assignment

You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder, in whole or in part, without our prior written consent. Any attempted assignment without consent shall be null and void.

We may assign, transfer, or delegate these Terms and any of our rights or obligations hereunder, in whole or in part, without restriction and without your consent, including in connection with a merger, acquisition, corporate restructuring, sale of all or substantially all of our assets, or any other change of control. We will notify you of any such assignment.

31. Waiver

The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the waiving party. A waiver of any right or provision on one occasion shall not be deemed a waiver of such right or provision on any subsequent occasion.

32. Support

32.1 Support Channel

Technical support is available by email at soporte@quibal.com. Please include your account details and a clear description of the issue when contacting support.

32.2 Response Times by Plan

We aim to respond to support requests within the following timeframes (during business hours):

• Individual Plan: 48-72 hours
• Basic Plan: 24-48 hours
• Professional Plan: 12-24 hours
• Premium Plan: 4-8 hours
• Enterprise Plan: 1-4 hours (with dedicated support as specified in your Enterprise agreement)

These response times are targets, not guarantees, except where a formal SLA has been agreed upon under an Enterprise plan. Response times may be longer during weekends, holidays, or periods of exceptionally high volume.

33. Export Control and Compliance

You represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory subject to comprehensive international economic sanctions or trade embargoes. You agree to comply with all applicable export control laws, trade sanctions, and import regulations in your use of the Service. quiBAL reserves the right to suspend or terminate access to the Service if we reasonably believe that your use violates applicable sanctions or export control laws.

34. Data Processing Agreement

For Clients who require a Data Processing Agreement (DPA) under applicable data protection legislation in connection with their use of the Service, a DPA is available upon request. Please contact soporte@quibal.com to request a DPA. Enterprise plan Clients may receive a DPA as part of their individual agreement.

35. Contact Information

For questions, concerns, or notices regarding these Terms of Service:

• General support: soporte@quibal.com
• Enterprise and sales inquiries: soporte@quibal.com

Company: SIBAL
Country: Republic of Ecuador

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