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Terms of Use

Last updated: January 2025

Important: This is a template, not formal legal advice. You should get a lawyer (ideally in South Africa) to review and adapt it before publishing.

These Terms of Use ("Terms") govern your access to and use of the Qubic3D website, dashboards, tools and related online services (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Services.

1. Who we are

"Qubic3D", "we", "us" or "our" means Qubic3D (Pty) Ltd (or your actual legal entity), a company incorporated in South Africa, with its principal place of business at:

[Registered address]
Email: support@qubic3d.co.za
Website: https://www.qubic3d.co.za

Qubic3D provides an in-ride digital advertising platform using tablets installed in vehicles such as ride-hailing cars, and related analytics and campaign management tools.

2. Definitions

In these Terms:

  • "Advertiser" means a brand, agency or other entity that books or runs campaigns through Qubic3D.
  • "Driver" means an individual driver or fleet owner who participates in the Qubic3D network and hosts a Qubic3D tablet in their vehicle.
  • "User", "you" or "your" means any person or entity accessing or using the Services, including Advertisers, Drivers, riders and visitors to the website.
  • "Campaign" means an advertising campaign booked to run on Qubic3D tablets, including media, creative and associated settings.
  • "Content" means any text, graphics, videos, images, audio, code or other material uploaded, transmitted or displayed through the Services.
  • "QubicTab Studio / Dashboard" means the online interface where campaigns, analytics and tablet demos may be viewed or managed.

3. Acceptance of Terms

By:

  • accessing or using the website or dashboards;
  • creating an account; or
  • clicking "I agree", "Accept" or similar,

you confirm that you:

  1. have read and understood these Terms;
  2. agree to be bound by them; and
  3. have the authority to bind the company or organisation you represent (if applicable).

If you are using the Services on behalf of a company, you represent and warrant that you are authorised to accept these Terms on its behalf.

4. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above and may provide additional notice (for example, via email or a banner in the dashboard).

Your continued use of the Services after the updated Terms are posted constitutes your acceptance of the changes. If you do not agree to the changes, you must stop using the Services.

5. Other applicable terms

Your use of the Services may also be governed by:

  • our Privacy Policy, which explains how we collect and use personal data;
  • any separate Advertiser Agreement, Driver Agreement or Insertion Order (IO) you sign with us; and
  • any specific guidelines, specs or policies we publish ("Policies").

If there is a conflict between these Terms and a signed agreement, the signed agreement will generally prevail.

6. Eligibility

You may use the Services only if:

  • you are at least 18 years old (or the legal age of majority in your jurisdiction); and
  • you have the legal capacity to enter into a binding contract.

If you are using the Services on behalf of a company or organisation, you must be authorised to do so.

7. Our Services (high-level overview)

Qubic3D provides, among other things:

  1. In-ride advertising network – Digital screens in participating vehicles displaying advertiser content to passengers.
  2. Campaign management & analytics – Tools to book impressions, configure campaigns and view performance metrics, QR scans and related data.
  3. Driver / fleet tools – Tools for drivers or fleet owners to register, view their participation, track earnings (e.g. QubiCoins) and manage devices.
  4. Marketing site – Public website pages describing Qubic3D's services, pricing models and case studies.

We do not provide ride-hailing or transport services. Drivers remain independent contractors or part of third-party fleets/platforms (e.g. Uber, Bolt).

8. Accounts and security

8.1 Registration

To access certain parts of the Services (e.g. advertiser dashboard, driver portal), you may be required to create an account and provide accurate, current and complete information.

You agree to update your information as necessary to keep it accurate and complete.

8.2 Security

You are responsible for:

  • maintaining the confidentiality of your login credentials;
  • restricting access to your account and devices; and
  • all activities that occur under your account.

Notify us immediately at support@qubic3d.co.za if you suspect any unauthorised access or use of your account.

We may suspend or disable your account if we reasonably believe it has been compromised or is being misused.

9. Advertiser terms

This section applies if you are an Advertiser or acting on behalf of an Advertiser.

9.1 Campaign bookings

Campaigns may be booked through:

  • the Qubic3D dashboard,
  • signed insertion orders (IOs) / proposals, or
  • direct agreement with our team.

Each Campaign will specify, among other things:

  • target impressions or budget;
  • flight dates;
  • target locations / cities / zones;
  • ad slot(s) and creative durations;
  • pricing (e.g. CPM rate, fees); and
  • any special conditions.

Once confirmed (via dashboard acceptance, signed IO, or written confirmation), a Campaign is considered booked.

9.2 Creative specifications and approvals

You are responsible for supplying all creative assets (videos, images, audio, copy, landing URLs) in line with our technical specifications and deadlines.

We may review creatives for:

  • technical compatibility;
  • legal / regulatory compliance; and
  • alignment with our content standards.

We may reject, request edits to, or suspend any creative at our discretion, including where it:

  • violates law or third-party rights;
  • contains hate speech, discrimination, illegal activities or misleading claims; or
  • may harm our relationships with drivers, partners or riders.

You remain fully responsible for your creative content.

9.3 Measurement, impressions and reporting

Unless otherwise agreed in writing:

  • Billable impressions are based on Qubic3D's measurement systems.
  • We may apply filters to exclude invalid traffic, fraud, or anomalous data.
  • Any dashboards, reports or analytics we provide are for information purposes and may include estimates.

Factors outside our control (e.g. ride volume, traffic, ride-hailing demand, device downtime, connectivity issues) can affect delivery and performance. We do not guarantee:

  • a specific number of rides, passengers or conversions; or
  • any particular business outcome, ROI or revenue.

9.4 Delivery and pacing

We will make commercially reasonable efforts to deliver Campaigns in line with the agreed targeting, dates and impression goals. However:

  • delivery may fluctuate based on real-world ride activity;
  • impressions may be spread across the flight at our discretion; and
  • we may adjust pacing and allocation to optimise performance or manage network constraints.

If we are materially unable to deliver the agreed impressions within the planned flight, we may, at our discretion:

  1. extend the Campaign flight;
  2. offer "make-good" impressions; or
  3. provide a credit or partial refund,

as the sole and exclusive remedy, unless otherwise agreed in your contract.

9.5 Fees, invoicing and payment

Pricing may be based on:

  • CPM (cost per thousand impressions);
  • fixed fees;
  • minimum spends; or
  • other models agreed in writing.

Unless stated otherwise:

  • Invoices are issued in South African Rand (ZAR).
  • Payment terms are [e.g. 30 days] from invoice date.
  • Late payments may incur interest at the maximum rate allowed by applicable law plus reasonable collection costs.
  • We may suspend Campaigns or access to the Services if invoices remain unpaid.

All amounts are exclusive of VAT and any applicable taxes, which you are responsible for paying.

9.6 Warranties by Advertisers

You represent and warrant that:

  1. you have all necessary rights, licences and permissions to use and authorise us to use your creatives, trademarks, logos and other materials;
  2. your campaigns comply with applicable laws, advertising standards and platform policies;
  3. your landing pages and products/services are lawful and not misleading; and
  4. your use of the Services will not cause us to breach any law or third-party rights.

You remain solely responsible for the content and legality of your Campaigns.

10. Driver / fleet terms (summary)

This section gives a high-level summary; detailed rights and obligations may be set out in a separate Driver or Fleet Agreement.

10.1 Relationship

Drivers and fleet owners are independent contractors, not employees or agents of Qubic3D. Qubic3D does not operate a ride-hailing service and is not responsible for:

  • passenger transport;
  • fares, bookings or ride-hailing app issues; or
  • driver or vehicle conduct.

10.2 Tablets and equipment

Where Qubic3D supplies or configures tablets:

  • tablets may remain the property of Qubic3D or its partners (unless otherwise agreed);
  • devices must be used primarily for Qubic3D content and kept in reasonable condition;
  • drivers must not tamper with lock-down / kiosk mode or attempt to bypass security controls.

We may monitor device connectivity and performance remotely to ensure proper operation.

10.3 Earnings and QubiCoins (if applicable)

Where drivers earn QubiCoins or other incentives:

  • the accrual, rate, and redemption rules are defined in the Driver portal or separate agreement;
  • QubiCoins have no cash value until redeemed according to the applicable rules;
  • we may modify or discontinue loyalty / rewards schemes with reasonable notice, subject to applicable law.

11. Acceptable use

You agree not to:

  1. use the Services in any way that is unlawful, fraudulent or harmful;
  2. upload or transmit any content that is abusive, hateful, defamatory, obscene, violent, misleading, discriminatory or otherwise inappropriate;
  3. reverse-engineer, decompile, or attempt to extract the source code of any part of the Services;
  4. interfere with or disrupt the integrity or performance of the Services or underlying infrastructure;
  5. bypass or attempt to bypass any security or access controls;
  6. use the Services to send unauthorised marketing, spam or similar communications;
  7. impersonate any person or entity, or misrepresent your affiliation; or
  8. use any automated tools (bots, scrapers) to access or collect data from the Services, except as expressly permitted.

We may investigate and take action (including suspension or termination) if we suspect misuse.

12. Intellectual property

12.1 Our IP

The Services, including but not limited to:

  • the Qubic3D name, logo, Qubi character and associated branding;
  • designs, layouts, graphics, dashboards and tablet interfaces;
  • software, code, databases and documentation; and
  • all content created by or for Qubic3D,

are owned by Qubic3D or its licensors and are protected by copyright, trade mark and other laws.

Except as expressly allowed by these Terms, you may not use, copy, reproduce, modify, distribute, display or create derivative works of any part of the Services without our prior written consent.

12.2 Licence to use the website and dashboard

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for:

  • personal, non-commercial use (for riders/visitors); or
  • legitimate business purposes related to advertising or driver participation (for Advertisers and Drivers).

This licence does not include any right to:

  • resell or commercially exploit the Services;
  • access or use the Services for competitive analysis or to build a competing product; or
  • modify or reproduce the Services except as expressly permitted.

12.3 Your Content

You retain ownership of any Content you upload or provide to us (including creatives, logos, copy and data).

By uploading or providing Content, you grant Qubic3D a worldwide, non-exclusive, royalty-free licence to:

  • host, store, reproduce, modify, adapt, publish, display and distribute the Content; and
  • use your trademarks, logos and brand assets solely for the purpose of delivering and promoting your Campaigns, operating the Services and fulfilling our obligations.

You represent and warrant that you have all rights necessary to grant this licence.

13. Data and privacy

We process personal information in accordance with our Privacy Policy, which forms part of these Terms.

By using the Services, you consent to such processing and warrant that any data you provide is accurate and that you have obtained all necessary consents where required (for example, from contacts you upload).

Advertisers must not upload or share sensitive personal data with Qubic3D unless explicitly agreed in writing and handled under a separate data processing agreement.

14. Third-party services and links

The Services may contain links to third-party websites or integrate with third-party platforms (for example, ride-hailing apps, analytics tools, payment processors).

We do not control and are not responsible for:

  • the content or practices of third-party sites; or
  • any products, services or features offered by third parties.

Your use of third-party services is at your own risk and may be subject to separate terms and privacy policies.

15. Disclaimers

To the maximum extent permitted by law:

  1. The Services are provided "as is" and "as available" without any warranties of any kind, whether express, implied or statutory.
  2. We do not warrant that the Services will be uninterrupted, secure, error-free or free from viruses or other harmful components.
  3. We do not guarantee any particular campaign performance, revenue, leads, conversions or other business outcomes.
  4. All dashboards, metrics, forecasts and simulations are informational only and may include estimates or modelling.

If you are dissatisfied with the Services, your sole remedy is to stop using them (and, for booked Campaigns, any remedies expressly agreed in your contract).

16. Limitation of liability

To the maximum extent permitted by applicable law:

  1. Qubic3D will not be liable for any:
    • indirect, consequential, incidental, special or punitive damages;
    • loss of profits, revenue, goodwill, data or business opportunities;
    arising out of or in connection with the Services or these Terms, even if we have been advised of the possibility of such damages.
  2. Our total aggregate liability arising out of or relating to the Services or these Terms (whether in contract, delict/tort, negligence or otherwise) will be limited to the greater of:
    • the amount you paid to Qubic3D for the Services giving rise to the claim during the three (3) months immediately preceding the event giving rise to the liability; or
    • [ZAR amount – e.g. R50,000].

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

17. Indemnity

You agree to indemnify, defend and hold harmless Qubic3D, its directors, employees, contractors and partners from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or related to:

  1. your use or misuse of the Services;
  2. any Content or Campaign you provide;
  3. your breach of these Terms or any applicable law; or
  4. your violation of any third-party rights.

We reserve the right to assume the exclusive defence and control of any matter subject to indemnification, in which case you agree to assist and cooperate with us.

18. Suspension and termination

We may, at any time and without liability, suspend or terminate your access to the Services (in whole or in part) if:

  • you breach these Terms or any applicable Policies;
  • we are required to do so by law or court order;
  • your account is inactive for an extended period; or
  • we discontinue the Services.

You may stop using the Services at any time and may request closure of your account.

On termination:

  • your right to access the Services will cease immediately;
  • we may retain certain data as required by law or for legitimate business purposes; and
  • any provisions that by their nature should survive termination will remain in effect (including payment obligations, IP clauses, disclaimers, limitations of liability and indemnities).

19. Governing law and disputes

Unless otherwise agreed in a signed contract:

  • These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of South Africa, without regard to its conflict of law rules.
  • You agree to submit to the exclusive jurisdiction of the courts of [Johannesburg, South Africa] (or another city you prefer) for the resolution of any legal disputes.

Nothing prevents either party from seeking urgent interim relief (such as an interdict/injunction) from a competent court.

20. Electronic communications

By using the Services or sending us emails, you consent to receive communications from us electronically (including via email, in-dashboard messages or on the website).

You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

21. Assignment

You may not assign, transfer or delegate any of your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations under these Terms:

  • to an affiliate; or
  • in connection with a merger, acquisition, corporate reorganisation or sale of assets,

provided that doing so does not materially reduce your rights under these Terms.

22. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

23. No waiver

Our failure or delay to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by us.

24. Entire agreement

These Terms, together with any additional agreements or policies expressly referenced, constitute the entire agreement between you and Qubic3D regarding the Services and supersede any prior understandings or agreements, whether written or oral.

25. Contact us

If you have questions about these Terms or the Services, you can contact us at:

Qubic3D
Email: support@qubic3d.co.za
Website: https://www.qubic3d.co.za
Phone: [+27 … … …]