Terms of Service

QBOID INC

Version: 1.1
Effective Date: February 19, 2026
Last Updated: February 19, 2026

Document Control

Attribute	Details
Document Owner	Chief Executive Officer (CEO)
Approval Authority	Management Team
Classification	Public
Distribution	All Customers
Review Frequency	Annual (minimum)

Agreement Overview

These Terms of Service ("Terms") govern your purchase and use of QBOID products and services when you have not entered into a separately executed Master Service Agreement with QBOID.

By completing a purchase, clicking "I Agree," installing QBOID software, or accessing QBOID services, you agree to be bound by these Terms and all applicable Exhibits incorporated herein.

1. Definitions

"Cloud Services" means QBOID Cloud Basic and QBOID Cloud PRO, as described in Exhibit C.

"Customer Data" means any data, content, or information that you capture, input, upload, or transmit using QBOID products, including measurements, barcodes, images, and associated metadata.

"Exhibits" means the product-specific terms incorporated into these Terms:

"Hardware" means QBOID physical devices and accessories, including the M2 Mobile Dimensioner, S1 Benchtop Accessory, and related accessories.

"Products" means, collectively, Hardware, Software, and Cloud Services.

"Software" means QBOID proprietary software applications, including the Parcel App, Pallet App, and WorkFlows App, together with updates and documentation.

2. Relationship to Master Service Agreement

If you have executed a Master Service Agreement ("MSA") with QBOID, the MSA governs and controls to the extent of any conflict with these Terms. These Terms apply only where no executed MSA is in place.

3. Products and Exhibits

4. Fees, Payment, and Taxes

4.1 Fees

You shall pay all fees and charges presented at checkout, in an accepted quote, or in another ordering document accepted by QBOID.

4.2 Payment

Unless otherwise stated in writing:

Online store purchases are due at the time of purchase.
Invoiced amounts are due upon receipt of invoice.

4.3 Taxes

All fees are exclusive of sales, use, value-added, and similar taxes. You are responsible for such taxes, except taxes based on QBOID net income.

4.4 Late Payment

Unpaid invoiced amounts bear interest at one and one-half percent (1.5%) per month, or the maximum rate permitted by applicable law, whichever is less, from due date until paid. You shall also reimburse QBOID for all reasonable costs incurred in collecting late payments, including attorneys' fees.

5. Acceptable Use

You shall not, directly or indirectly:

Modify, translate, adapt, or create derivative works of any QBOID product;
Reverse engineer, decompile, or disassemble any QBOID software or cloud service, except where prohibited by applicable law;
Remove or alter proprietary notices on any QBOID product;
Use any QBOID product for timesharing, service bureau, or similar purposes;
Sell, resell, sublicense, distribute, rent, or transfer any QBOID product to a third party without QBOID prior written consent;
Use any QBOID product for any unlawful purpose or in violation of applicable law.

6. Confidentiality

If you receive non-public information from QBOID that is identified as confidential or that reasonably should be understood as confidential, you shall:

Protect it using reasonable care;
Use it only as needed to perform under these Terms; and
Not disclose it to third parties except to personnel and contractors with a need to know who are bound by confidentiality obligations.

Confidentiality obligations do not apply to information that is public without your fault, already known to you without restriction, lawfully received from a third party without restriction, or independently developed without use of QBOID confidential information.

7. Intellectual Property

7.1 QBOID Ownership

All intellectual property rights in QBOID products, documentation, and improvements remain the exclusive property of QBOID and its licensors. These Terms do not convey ownership rights in QBOID intellectual property.

7.2 Customer Data Ownership

You retain ownership of your Customer Data. QBOID receives only the limited rights needed to process Customer Data to provide products and services.

7.3 Feedback

If you provide suggestions, ideas, or feedback regarding QBOID products, QBOID may use that feedback without restriction or obligation.

8. Privacy

Your use of QBOID products is subject to the QBOID Privacy Policy.

By default, QBOID software is designed to collect only operational data needed for dimensioning functions (for example, measurements, barcodes, timestamps, and optional images).

9. Representations and Warranties

9.1 Your Representations

You represent and warrant that:

If entering these Terms on behalf of an entity, you have authority to bind that entity;
Information you provide to QBOID is accurate and current; and
You will use QBOID products only in accordance with these Terms and applicable law.

9.2 Disclaimer

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OR THE APPLICABLE EXHIBITS, QBOID MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. QBOID DOES NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

10. Limitation of Liability

10.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF FORESEEABILITY.

10.2 Cap on Liability

EXCEPT FOR CLAIMS ARISING FROM (I) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (II) DEATH OR BODILY INJURY CAUSED BY NEGLIGENCE, OR (III) YOUR PAYMENT OBLIGATIONS, QBOID'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID OR PAYABLE BY YOU TO QBOID DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) THE PURCHASE PRICE OF THE HARDWARE THAT IS THE SUBJECT OF THE CLAIM.

10.3 Essential Basis

THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION FORM AN ESSENTIAL BASIS OF THE BARGAIN.

11. Indemnification

You shall indemnify, defend, and hold harmless QBOID, its affiliates, and their officers, directors, employees, and agents from and against claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

Your use of QBOID products in violation of these Terms;
Your violation of applicable law;
Third-party claims arising from your use of QBOID products or Customer Data; or
Claims that Customer Data infringes or misappropriates third-party rights.

12. Compliance with Laws

You shall comply with all applicable laws, regulations, and ordinances in connection with your use of QBOID products, including applicable export and import laws and regulations (including U.S. EAR and OFAC sanctions). You shall not export or transfer any QBOID product to a prohibited destination, entity, or person without required authorization. You shall maintain all licenses, permissions, authorizations, and permits necessary for your use of QBOID products.

13. Termination

QBOID may suspend or terminate your rights under these Terms upon notice if:

You materially breach these Terms and fail to cure within thirty (30) days after written notice;
You fail to pay amounts when due and such failure continues for fifteen (15) days after written notice; or
You use the products in violation of applicable law.

Upon termination:

Your rights to use affected products cease immediately;
You must discontinue use of terminated products and services; and
You remain responsible for fees and charges accrued through termination.

The following sections survive termination: 6 (Confidentiality), 7 (Intellectual Property), 10 (Limitation of Liability), 11 (Indemnification), 12 (Compliance with Laws), 14 (Governing Law and Disputes), and 16 (General Provisions).

14. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws principles. Any legal action arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Santa Clara County, California. In any action to enforce these Terms, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.

15. Amendments

QBOID may update these Terms at any time. For material changes (including changes to pricing, new or expanded restrictions on use, or modifications to limitation of liability), QBOID will provide sixty (60) days advance notice. For non-material changes (such as clarifications, corrections, or additions to reflect new products), changes take effect upon posting or with such shorter notice as QBOID provides. Continued use of QBOID products after the effective date of any update constitutes acceptance. If you do not agree to a material update, you must discontinue use of the affected products before it takes effect.

16. General Provisions

16.1 Entire Agreement

These Terms, together with all applicable Exhibits, constitute the entire agreement between you and QBOID regarding the products and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral.

16.2 Order and Conflicts

If there is a conflict between these Terms and an applicable Exhibit, the applicable Exhibit controls for product-specific terms, and these Terms control for all general legal terms unless expressly stated otherwise.

16.3 Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without QBOID's prior written consent. Any purported assignment without such consent shall be void. QBOID may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all assets.

16.4 Severability

If any provision is held invalid or unenforceable, it shall be modified only to the extent necessary to be enforceable, and the remaining provisions remain in full force.

16.5 Waiver

No failure or delay by either party in exercising rights under these Terms operates as a waiver. No waiver shall be effective unless in writing and signed by the waiving party.

16.6 Independent Contractors

The relationship between you and QBOID is that of independent contractors.

16.7 No Third-Party Beneficiaries

These Terms are for the sole benefit of you and QBOID and permitted successors and assigns.

Contact Information

For questions regarding these Terms, contact:

QBOID, INC.
5273 Prospect Rd, Suite #120
San Jose, CA 95129, USA

General Inquiries: [email protected]
Sales: [email protected]
Support: [email protected]
Legal: [email protected]
Phone: +1 (408) 419-1449

BY PURCHASING QBOID PRODUCTS, INSTALLING QBOID SOFTWARE, OR ACCESSING QBOID CLOUD SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL APPLICABLE EXHIBITS.