SERVICE AGREEMENT FOR THE PROVISION OF SERVICES IN FORM OF SOFTWARE AS A SERVICE (SaaS).

This is the service agreement for qbee.io.


Our Service Agreement consists of the parts below:

  • Description of service. Our service is a cloud based software as a service offering for managing (embedded) Linux devices, as described on our website (https://qbee.io/).
  • Service Terms. These are the general terms for your use of the qbee.io service.
  • Privacy policy. Please find a detailed description of our privacy policy here: https://qbee.io/privacy/.
  • Commercial Agreement. By accepting these service agreement terms you also accept the pricing as presented to you in the pricing information or during the order process for your specific tier. The trial is free of charge. Any separately agreed and signed Commercial Agreement between qbee AS and our Customers will prevail in terms of pricing and service level.

Service Terms for qbee.io

Part 1 - General

  1. Our Agreement. These Service Terms for qbee.io ("Service Terms") regulate your use of qbee.io and any related services we may provide under the Agreement. “The Agreement” consists of these Service Terms, our Privacy Policy and related particulars (name, service level, prices etc.) agreed to between qbee AS (“qbee”, “we” “us”, “our”) and you as a customer (“Customer”, “you”, “your”). By signing, paying, using qbee.io or otherwise accepting the Agreement, we grant you the right to use our qbee.io software provided as a service (“qbee.io”, the “Service”), as detailed below.
  2. Rights we grant you. We grant you a non-transferable, non-exclusive, worldwide right to use qbee.io as described in the Agreement, subject to the terms stated in the Commercial Agreement for your tier. We and our licensors retain all intellectual property rights in the Service.
  3. Services we provide you with. qbee.io is delivered as a hosted service that is continuously maintained, improved and updated. Maintenance includes updated versions of our qbee.io software and its components, bug-fixes and other patches, to keep the Service up and running. The Service is as presented and described in the qbee.io documentation.
  4. Using our free tier or trial offering. For our free tier or trial offering the limitations indicated on the qbee homepage apply. The free tier and trial offer is not for commercial use and we do not offer support. When the trial expires and no subscription or free tier is selected qbee will delete all data, files and information collected under the trial without any further notification. All rights granted to you under the trial period are revoked. If the trial is converted to the free tier qbee continues to provice best effort services with the limitations indicated on the home page. The free tier is a courtesy offer and conditions can be changed and qbee reserves the right to revoke this offer at any time without further notice. If a user of the free tier has not logged in for 90 days we will send a login request. If no login occurs we might revoke the account.
  5. How we improve. We are grateful if you help us improve. Your reported bugs, experienced irregularities and feature suggestions help us improve qbee.io. We strive to fix critical issues as fast as possible. We prioritize issues according to severity and impact. To be able to balance the overall task load, we do so at our sole discretion.
  6. Legal use. You warrant that you will not use qbee.io in a way that infringes intellectual property rights or proprietary rights, privacy or other rights of third parties, or for anything illegal. You may access qbee.io only by use of our public, documented APIs in accordance with your tier limitations or by other means described in the documentation. We are never accountable or liable for the legality of your use.
  7. Account. You must register an account on our webpage and provide accurate and up to date data as prompted by the registration form. This is the only personal data you must upload to qbee.io.
  8. Newsletter. By signing up for a qbee trial or purchasing a qbee license you accept that you will be enrolled in our newsletter informing you about relevant information with regards to the service. You can at any point opt out of the newsletter or ask to be removed immediately.
  9. Content. You are solely responsible for all uploaded data, for example files, device inventory, user account information. We reserve the right to and will delete any illegal or harmful content.
  10. Data ownership. You retain ownership to all data you submit. You grant us a non-exclusive, worldwide and royalty-free right to analyze and necessary use of the data in order to provide and improve the Service.
  11. Third party terms etc. Third party open source software is included in the software of qbee.io. Such software is subject to various open source licenses. All our obligations with respect to third party open source software shall be on a reasonable commercial efforts basis. You will comply with the terms of any software you receive from us.
  12. Security. We expect you to establish adequate security policies. This includes keeping bootstrap keys secret, taking backup of all data, setting secure configurations, performing penetration testing, encrypting your data, doing risk analysis etc.
  13. Data protection. We are compliant with EU and EEA data protection regulations, including the General Data Protection Regulation (GDPR). Personal data is processed in accordance with our privacy policy at (https://qbee.io/privacy/).
  14. Data consumption. qbee.io services consume data bandwidth. Remote access and frequent large file transactions can cause high bandwidth load on the system. qbee assumes a fair use of data bandwidth and reserves the right to charge additional fees if data volume for a specific customer is above the specified tier limits.
  15. Force majeure. Neither we nor you will be liable for failure or delay in performance caused by events beyond our control, which may include denial-of-service attacks, failure by third party hosting provider or utility provider, security issues, strikes, shortages, riots, fires, war, terrorism, governmental action and other force majeure events.
  16. As is. qbee.io and all related components and services are provided on an "as is" and “as available” basis without any warranties. We expressly disclaim any and all warranties, expressed or implied, including implied warranties of merchantability, title, fitness for particular purpose and non-infringement.
  17. Limitation of liability. Our total annual liability arising out of the Agreement will not exceed the total amount paid by you in the 12 months preceding the event causing your loss or damage. We will not have any liability for any loss of data, profits, savings or revenues nor for other indirect, special, incidental or other consequential damages. This section 17 is the only basis for liability for us under the Agreement. Any service credit granted will in any event be subtracted from any other compensation payable for loss or damage. You will indemnify and hold us harmless for any claim based on negligence (tort), product liability or other strict liability related to devices you control or service.
  18. Confidentiality. We and you shall keep all personal and business information received in connection with the performance of the Agreement confidential, unless required for such performance. If you give access to such confidential information to a third party, you must make sure the third party is bound by a similar obligation of confidentiality.
  19. Payment.
    1. We charge you monthly by use of your registered payment method. You are responsible for ensuring that payment info is valid and credit available. We may suspend your account upon seven day written notice if not. Accounts will be permanently deleted if suspended, or you default on payments for two consecutive months.
    2. Our prices may be changed subject to 30 days written notice.
    3. Delayed payment accrue interest at 1.5% per month until we receive full payment. We may also claim reimbursement of any collection expenses, and terminate the Agreement upon seven days written notice if fees remain unpaid.
    4. You are responsible for all taxes associated with the Agreement, such as value added tax. Any withholding taxes will be paid by you in addition to the agreed fees.
  20. Notices and assignment.
    1. Notices shall be in English and in writing and sent to or the email address filed by you in your account.
    2. Neither party may assign the Agreement (or any part thereof) without the advance written consent of the other party. Either party may, however, assign the Agreement in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of such party’s assets or voting securities. Any attempt to transfer or assign this Agreement except as expressly authorized under this section will be void.
  21. Term and termination. The Agreement will remain effective until terminated in writing by either party or by cancelling through the application. The Agreement will terminate upon expiry of the current payment period in which we received your notice. Additional device charges may occur according to the commercial agreement. We may terminate the Agreement with immediate effect if
    1. you are in material breach the agreement, or
    2. you are insolvent or initiate a general halt of payment to your creditors.
    Our termination other than for cause, may take place only on 90 days’ notice, unless other termination notice period is agreed to.
  22. Effects of termination. 30 days after the effective date of termination, all data on your account will be deleted without notice. We don’t refund payments made.
  23. Updated terms. We may from time to time issue new terms for the Agreement. The new terms will become binding upon you if you do not object within 45 days. If we decide not to accommodate any objections you may have, you are entitled to terminate the Agreement immediately and ask for a refund of any pre-paid amounts. The new terms will apply until the termination is effective.
  24. Publicity. We may use your organization’s name and logo for promotional purposes, unless you request that we don’t by sending us an email to support.
  25. Third party use. You may not resell or relicense the Service (or any qbee.io software) as such to a third party. However, you may use the Service as a part of a product or service that you combine with your own service and/or software, and deliver to your customers under your own name. If you want to resell or relicense the Service please take contact and we will arrange for that.
  26. Choice of law. The Agreement is subject to the laws of Norway. The parties agree that any disputes that arise out of this Agreement shall be settled by the Oslo City Court, as exclusive legal venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
  27. Power to agree. You warrant that you have validly entered into the Agreement. You are also responsible for the conduct of your people and their compliance with the Agreement.
  28. Third-party code.
    1. Our Client Software. In order for the Service to operate, you need to install our client software on your devices ("Client Software"). Client Software is licensed separately from the Agreement as open source software under a GPL2 and GPL3 License.
    2. Third-party Software. Alongside the Client Software we will distribute third-party software that you will need to install on your device ("Third-party Software"). Third-party Software will be provided subject to the terms of the applicable third party software licenses. See the Client Software documentation for details on licenses or request qbee to provide you with a software license list.
    3. You confirm that you accept the terms of the Client Software and Third-party Software.

Part 2 - Additional services

For some tiers we include technical support through the commerical agreement. This support is defined as follows:
  1. Support Levels based on tiers Based on the selected tier our support is as follows:

    1. Startup: best effort support through mail and chat
    2. Pro: best effort support through mail and chat
    3. Premium: Premium support by mail, chat and phone/videoconferencing. Priority levels apply.
  2. Technical support. Our technical support is provided according to your tier through:

    1. email support (see hours below),
    2. chat support (see hours below), and
    3. phone support (see hours below).
    Business support hours:
    9 a.m. to 5 p.m. Central European Time Monday- Friday.
    Excluding public holidays.
  3. Incident reporting. When you experience a problem or other incident with the Service, you will need to:

    1. Verify that the incident is reproducible.
    2. Give information necessary to help qbee track, prioritize, reproduce or investigate the incident.
    3. Describe the issue and expected results.
    4. Categorize the issue, for instance as general question, defect or enhancement request.
    5. Reproduce the issue and relevant data.
    6. Provide applicable log files or console output.
    7. Provide exact wording of all issue related error messages.
    8. Inform about any special circumstances surrounding the discovery of the issue, such as the first occurrence, business impact and suggested priority for resolution.
    9. Identifying issue number in any ongoing communications with us on an existing issue.
  4. Priority levels. For Premium support customers qbee will prioritize incidents according to the following criteria:

    P1 (Urgent) = Issue that make the Service completely inaccessible or the majority of its functionality unusable for Customer, which cannot be worked around.

    P2 (High) = Issue that significantly degrades performance of the Service or materially restricts Customer’s use of or the functionality of the Service, which cannot be worked around.

    P3 (Normal) = Issue that causes only minor impact on Customer’s use of the Service.

    P4 (Low) = Any other request for guidance or information.
  5. Resolution and closure of incidents. The resolution of incidents may take the form of software corrections, explanations, recommendations, usage instructions, workaround instructions or advising Customer of an available software fix. qbee will try to explain why an issue is not solvable and suggest how to mitigate the issue. qbee may also at its discretion close issues by identifying the incident as outside the scope of the support.
  6. Target Response Time for Premium Support.

    1. Ackowledgement time: 2 hours for all incidents
    2. Response time:
      1. P1 - 12 hours
      2. P2 - 48 hours
      3. P3 - 72 hours
    3. Target resolution time:
      1. P1 - 48 hours
      2. P2 - 1 week
      3. P3 - 1 month from receipt of request to correction work is finished or work round created (only target, resolution time cannot be guaranteed)

Part 3 - Commercial agreement

By selecting and approving your service level tier in the qbee application you accept this commercial agreement with all service terms, privacy terms and commercial agreement terms.

  1. Available commercial tiers: These are our available standard tiers

    1. Startup: best effort support through mail and chat
    2. Pro: best effort support through mail and chat
    3. Premium: premium support by mail, chat and phone/videoconferencing according to service levels specifications above
  2. Calculation and invoicing of service level charge: The service level charge is invoiced up-front by selected payment method. It is pre-payed from the day the level is selected for one month or one year. Thereafter, the service level charge is automatically renewed and invoiced up front for the next full month or the next year.
  3. Calculation and invoicing of runtime licenses: The runtime licenses are invoiced counting the number of devices present at payment date for the next support charge or on a monthly interval for the yearly subscription. They are charged for each month looking back.
  4. Example: A customer had 100 devices registered on 31.7.2020. On 1.8.2020 he receives an invoice with value support for August and 100 device licenses for July (looking back).
  5. Payment terms: When credit card is selected the payment will be done at each renewal date. When invoice payment is agreed the invoice will be issued with 14 days payment terms.
  6. Support costs for the different tiers: Monthly support cost independent of number of devices. Invoiced for the next month.

    1. Startup: $99,- per month
    2. Pro: $299,- per month
    3. Premium: please reach out to us
    Yearly payments up front give a 10% discount on the monthly subscription and monthly device fee.

  7. Runtime costs per registered device: Per month per registered device. Invoiced at the end of the month service period with number of registered devices.

    1. per device: $0.33 per month or $0.3 per month if invoiced up front for a year.
  8. Included services: Each service tiers has certain allowances associated with it. Additional capacity, bandwidth, users, connections or other tier specific limitations can be lifted by updgrading to a higher tier or in certain cases by pruchasing additional capacities. We will limit your account or warn you in advance if you exceeds tier specifications. Devices can be onboarded without limitation and these will be charged as indicated above. The exception being the Startup tier that has a hard maximum device limit of 20. Any further device extention mandates an upgrade to a higher tier.
  9. Automatic renewal: Each subscripton is automatically renewed for the next month/year if not terminated.
  10. Termination of the commercial agreement: It is possible to cancel, upgrade or downgrade your commercial tier within the qbee web application. When downgrading or cancelling your commercial agreement you will be charged for the support for the ongoing month and will receive a final invoice for maximum amount of devices you had registered during the last active month.
  11. Custom commercial agreement: Any custom commercial agreement will supersede this commercial agreement. If you have a very large number of devices or need specific SLAs please contact us for a separate commercial agreement.