Términos y Condiciones

 

Your Acceptance

 

This is an agreement between Sgrouples, Inc. (dba “Qbaface.inc”), a company based in Miami, Florida, which is the owner and operator of https://Qbaface.inc.com (the “Qbaface.inc Site”), the Qbaface.inc software, and the Qbaface.inc mobile apps (collectively “Qbaface.inc”, the “Qbaface.inc Service”, or the “Service”), and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND TO QBAFACE.INC'S PRIVACY POLICY, WHICH CAN BE FOUND AT https://Qbaface.inc.com/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.

 

Allowable Content and Acceptable Use

 

At Qbaface.inc our focus is creating a positive and helpful experience for our users. We want Qbaface.inc to be convenient, safe, and fun for you and your communities. This means there are a few rules. You may NOT: • Violate any law or regulation. • Send unsolicited or unauthorized advertising or commercial communications, such as spam. • Engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services. • Use automated methods to use the Site or Services. • Stalk, harass, bully, intimidate, or harm another user. • Post unlawful, harmful, obscene, or pornographic content. • Impersonate someone. • Post content that is hateful, threatening, harmful, incites violence; or contains graphic or gratuitous violence. • Use Qbaface.inc to do anything unlawful, misleading, malicious, or discriminatory. • Post content you do not have the right to transmit. • Post content that infringes on trademarks or copyrights. • Post viruses or malicious scripts. • Post spam or link bait. • Attempt to circumvent any technological measure implemented by Qbaface.inc or any of Qbaface.inc's providers or any other third party (including another user) to protect the Site or Services. • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site or Services. • Advocate, encourage, or assist any third party in doing any of the foregoing.

 

Rights Reserved

 

At its discretion, Qbaface.inc may permanently cancel accounts of users who violate the Terms of Service. Qbaface.inc reserves the right to view Private Groups ONLY for the purposes of fixing issues, to respond to complaints about Terms of Service violations, or when required to do so by law. Qbaface.inc reserves the ongoing right to view Pages, Selective Groups, Open Groups, and any groups in the Qbaface.inc Open Group Directory to assess compliance with this Terms of Service. Qbaface.inc reserves the right to remove objectionable content without notice. Qbaface.inc can remove any content or information you post at Qbaface.inc if we believe that it violates our Terms of Service. We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe you have violated these Terms. Qbaface.inc reserves the right to ban Pages, Groups and users that do not comply with its Terms of Service as assessed in Qbaface.inc’s sole discretion and interpretation of its Terms of Service; and Users, Pages and Groups under investigation or which have been detected as sharing content in violation of these terms may have their visibility limited in various parts of Qbaface.inc, including search. Pages, Groups, and users may not be notified when any of this occurs. Banned Pages, Groups, and users may contact Qbaface.inc Customer Support to request more information. We reserve the right to respond or not respond to such requests. Please comply with the rules in Qbaface.inc’s Terms of Service. While we have the right to monitor activity and content associated with Qbaface.inc, we are not obligated to do so. We do not guarantee the accuracy, integrity or quality of any content submitted by users. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, you understand that in the process of using Qbaface.inc, you may be exposed to content that you find offensive or objectionable in your communities. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted at Qbaface.inc or endorse any opinions expressed at Qbaface.inc. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. We also, however, reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Website. There are no fees for use of many of the features on Qbaface.inc. However, premium features and subscriptions are available for purchase by Qbaface.inc members for additional services the company may offer. Qbaface.inc may change the fees and/or benefits associated with premium features from time to time or may immediately suspend or terminate premium features for any or no reason and without advance notice or liability. When you purchase a premium feature that is paid for by you through recurring payments, you agree that you are authorizing recurring payments, and that such payments and thereby subscription will be made by the method and at the recurring intervals you have agreed to, until the subscription is terminated by you or by Qbaface.inc. You may cancel a subscription at any time before the end of the current billing period and the cancellation will take effect on the next billing period. If you break any of Qbaface.inc’s terms in the use of your Qbaface.inc account and/or in the use of its premium features and subscriptions, in addition to other actions we may take, we may cancel any or all of your premium features and subscriptions immediately and no refund will be granted for any payments you have made. Qbaface.inc uses the services of established 3rd party vendors for all payments and payment information. Qbaface.inc stores no payment information on its servers and is not liable for any breach of payment information or loss that occurs with the payment vendor. Due to storage limitations and expenses, Qbaface.inc reserves the right to close and delete any user account that has not been logged in for a period of 6 months or more. Qbaface.inc will notify any such users whose accounts it intends to delete, by email or SMS, if they have been inactive for greater than 5 months and provide those users with a minimum of 30 days notice and options on how to keep their content and account at Qbaface.inc or how to download their content onto their personal computers. Qbaface.inc will give one final notice at least 48 hours prior to deleting an account. Qbaface.inc reserves the right to transfer ownership and administration of or terminate an Open Group or Page that has been abandoned by the Page or Group owner and its appointed Page or Group administrators. A Page or Open Group is considered abandoned if the Page or Group owner and Page or Group administrators do not log into Qbaface.inc for at least 6 months or do not post to the Page or Group for at least 6 months. Once the transfer of a Page or Group ownership and administration is effected by Qbaface.inc, it may be transferred subsequently at any time by Qbaface.inc.

 

Who Our Services Are For

 

The use of Qbaface.inc is for all persons age 16 and over who agree to these Terms of Service. Qbaface.inc Terms of Service and Privacy Policy are in force and applicable for all times when users are specifically within the walls of Qbaface.inc and not engaged in any activity with 3rd party sites. Persons age 16 and over may also connect to 3rd party sites in which they have accounts, such as Qbaface.inc, etc., through Qbaface.inc convenient “Social Networks” services. When connected to and engaged in 3rd party sites through Qbaface.inc, you agree and understand that while you are posting, commenting, sharing, etc., content with 3rd party sites, you and your content are in those moments under the legal authority of that 3rd party site and the privacy and terms policies of that 3rd party site. This also applies if you click on an advertisement or coupon. Qbaface.inc is not responsible or liable for any damage or loss related to your use of any third-party website or online service. You should always read the terms and conditions and privacy policy of a third-party website or online service before using it, whether directly or in connection with your use of the Site or Services.

 

Privacy

 

Your personal privacy and data privacy are very important to us. You are responsible for maintaining the confidentiality of your Qbaface.inc account information, including your username and password. You are responsible for all activities that occur under your Qbaface.inc account and you agree to notify Qbaface.inc immediately of any unauthorized access or use of your Qbaface.inc account. Qbaface.inc is not responsible or liable for any damage or loss related to any unauthorized access or use of your Qbaface.inc account. For more information on the importance and protection of your privacy at Qbaface.inc, please see our Privacy Policy.

 

User Content Ownership

 

Materials, including but not limited to text, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by users of Qbaface.inc (“User Submissions”) are owned by the party contributing such content. As a user of Qbaface.inc, you are solely responsible for your own submissions. By transmitting your submissions or otherwise through or using Qbaface.inc you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. You agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use. You promise that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. Qbaface.inc is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable. You understand that all information posted or transmitted through Qbaface.inc is the sole responsibility of the person from which such content originated and that we are not and will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of users or the accuracy of any data that users may provide any other users with whom you interact in the course of using Qbaface.inc.

 

Passwords

 

You are responsible for safeguarding the password that you use to access Qbaface.inc and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Qbaface.inc cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

 

Misuse of Usernames, Page names, Group names

 

Selling usernames, Page names, Group names: You may not buy or sell Qbaface.inc usernames, Page names or Group names. Username, Page name, Group name squatting: You may not engage in username, Page name, or Group name squatting. Some of the factors we take into consideration when determining whether conduct is username, Page name, or Group name squatting include: • the number of accounts created; • the creation of accounts for the purpose of preventing others from using those account names; • the creation of accounts for the purpose of selling those accounts; and • the use of third-party content feeds to update and maintain accounts under the names of those third parties.

 

Fake Accounts

 

You may not register or create fake and misleading accounts. While you may use Qbaface.inc pseudonymously or as a parody, commentary, or fan account, you may not use misleading account information in order to engage in spamming, abusive, or disruptive behavior, including attempts to manipulate the conversations on Qbaface.inc. Some of the factors that we may take into account when determining whether an account is fake include: • Use of stock or stolen avatar photos • Use of stolen or copied profile bios • Use of intentionally misleading profile information

 

More on Spam

 

You may not use Qbaface.inc’s services for the purpose of spamming anyone. Spam is generally defined on Qbaface.inc as bulk or aggressive activity that attempts to manipulate or disrupt Qbaface.inc or the experience of users on Qbaface.inc to drive traffic or attention to unrelated accounts, products, services, or initiatives. Some of the factors that we take into account when determining what conduct is considered to be spamming include: • if you have made large number of group or user contact requests, or followed and/or unfollowed a large number of user accounts or Pages, in a short time period; • if your posts or comments consist mainly of links and/or are shared without commentary; • if a large number of people have blocked you in response to high volumes of untargeted, unsolicited, or duplicative content or engagements from your account; • if a large number of spam complaints have been filed against you; • if you post duplicative or substantially similar content, replies, comments to multiple Pages, Groups, or users; or create duplicate or substantially similar accounts; • if you post multiple updates to a Page, Group, user or topic with an intent to subvert or manipulate the topic to drive traffic or attention to unrelated accounts, products, services, or initiatives; • if you send large numbers of unsolicited posts, comments, replies or mentions; • if you add users to lists in a bulk or aggressive manner; • if you are randomly or aggressively engaging with Pages, Groups, or users to drive traffic or attention to unrelated accounts, products, services, or initiatives; • if you repeatedly post other people’s account information as your own (e.g., bio, posts, comments, profile, user URL, etc.); • if you post misleading, deceptive, or malicious links (e.g., affiliate links, links to malware/clickjacking pages, etc.); Accounts created to replace or mimic suspended accounts may be permanently suspended. • We may also remove accounts which Qbaface.inc at its discretion attributes to entities known to violate the Qbaface.inc Terms of Service.

 

Our Commitment To Data Security

 

Qbaface.inc uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Qbaface.inc and you do so at your own risk. Using unsecured Wi-Fi or other unprotected networks to submit messages through the Qbaface.inc Service is never recommended. Once we receive your transmission of information, Qbaface.inc makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Qbaface.inc learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Qbaface.inc may post a notice on the Qbaface.inc Site or through the Qbaface.inc Service if a security breach occurs.

 

Qbaface.inc Content Data

 

When you use our Services, we process any data you explicitly enter into the site (your “Content Data”), including your full name, email address, profile information, posts, comments, photos, voice recordings, videos, files, emojis, etc. Qbaface.inc uses your Content Data for the sole purpose of serving and providing you with the full experience of Qbaface.inc. You control how we process your Content Data through Privacy & Sharing settings in your account at Qbaface.inc. At any time you can edit/update, retrieve or delete your Content Data in your account.

 

Qbaface.inc Log Data

 

When you use our Services, we may receive information (“Log Data”) such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, and device information (including device and application IDs). We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, interact with our email notifications, use your account to authenticate to a third-party website or application. We may also receive Log Data when you click on, view or interact with links on our Services, including links to third-party applications, such as when you choose to install another application through Qbaface.inc. Qbaface.inc uses Log Data to provide, understand, and improve our Services. We either delete Log Data or remove any common account identifiers, such as your username, full IP address, or email address, after a maximum of 12 months.

 

Your Data Portability

 

At any time you can retrieve your entire Content Data package from Qbaface.inc, using the “Download Your Content” feature in your account. When you select this feature, you will be able to download your Content Data to your personal device and decide how to migrate that data anywhere you choose.

 

Deleting Your Account - Right to Erasure

 

At all times you have an easy way to opt out of our service and delete your account as well as ALL of your Content Data, if you do not wish to continue using our services. You can find this in your “Settings” where it says “Delete My Account.” When you delete any of your Content Data, or delete your entire account, we delete your Content Data and remove your account from our production servers as soon as is technically possible based on our infrastructure design including a 30-day delay to insure the deletion request was made by you, etc. The more data you delete, the longer will the deletion process take due to load balancing protections on our servers. After we’ve deleted your Content Data from our production servers, that same data may remain in our backups for a limited period of time (maximum of 7 months) due to protection regulations and our protocols for backup content protection. We secure your data that temporarily remains on our backups with additional security protocols. If we ever need to restore our backups into the main servers of Qbaface.inc (in a rare instance, for example recovering from a natural disaster), if any of your Content Data you have previously deleted from our main servers is still on our backups in that moment, it will be deleted prior to or right after the backups are moved to the main servers. If you own a group and delete your account, the content you posted to that group will be deleted; however, the group(s) you own will not be deleted unless you are the only member of that group.

 

Qbaface.inc Secret Chat

 

Qbaface.inc offers Secret Chat as an option for Qbaface.inc users. Qbaface.inc has no way to decrypt Secret Chat messages of Qbaface.inc users because the messages are end-to-end encrypted and Qbaface.inc does not have any knowledge of their private keys. The encrypted messages and media (images, videos etc.) in Qbaface.inc Secret Chat are deleted on Qbaface.inc servers after they have been delivered successfully. Header information of Qbaface.inc Secret Chat messages (sender, recipient etc.) is protected by an additional encryption layer for transmission to the server, and from the server to the recipient, to prevent eavesdropping by third parties (e.g. in open wireless LANs).

 

Qbaface.inc Invitations and “Add Automatically”

 

You may desire to make it easier for you to find and connect with your friends by using Qbaface.inc “Add Automatically”. If you choose to enable “Add Automatically”, Qbaface.inc will collect the telephone numbers and e-mail addresses in your address book(s), and enable you to add friends on Qbaface.inc who have consented to being found by their telephone number or e-mail address (“Add Automatically”). Qbaface.inc “Add Automatically” will: a. Notify you when your contacts become active on Qbaface.inc.com b. Indicate which of your contacts is already a Qbaface.inc member c. Correctly display the name of each contact as it appears in your address book when Qbaface.inc alerts you regarding “a” or “b” above (coming soon) You may also choose to use the Qbaface.inc Invitation Service. If you choose to use this service, Qbaface.inc will access your address book on your behalf. On Desktop you have the choice of uploading your address book to your Qbaface.inc account by giving Qbaface.inc permission to do this on your behalf. You also have the choice to give the Qbaface.inc App permission at your request to access your address book. Additionally, you have the choice to invite individual friends or contacts to connect with you on Qbaface.inc using your personalized Qbaface.inc link, QR code, and you may send them SMS or e-mail invitations using the Qbaface.inc Invitation Service. If you give Qbaface.inc permission to upload your address book in order to serve your needs with invitations, Qbaface.inc may store a copy of the phone numbers, emails, and names in your address book on Qbaface.inc servers. This information is only used to provide you with the Qbaface.inc Invitation Service and Qbaface.inc “Add Automatically.” Any address book information that you upload or sync with Qbaface.inc is covered by this Terms of Service and Qbaface.inc’s Privacy Policy. You can remove your address book at any time and you can disable “Add Automatically” at any time by turning off this feature via your “Contacts” -> “Settings.”If you choose to remove your address book or disable “Add Automatically,” your address book will be immediately deleted from our main servers and then deleted from our backup servers during our normal backup processing cycles of approximately 6 months.

 

Additional Policies for Pages, Groups, and Events

 

a. Misleading Or False Pages, Groups, or Events Pages, Groups, and Events must not be misleading, fraudulent, or deceptive. b. Impersonation Pages, Groups, and Events must not impersonate or falsely represent a brand, entity, or public figure. Where a Page, Group, or Event is being used to express support for or interest in a brand, entity, or public figure, it must make clear in the name or description that it is not an official representation. c. Gambling Pages, Groups, and Events must not facilitate or promote online gambling, online real money, games of skill, or online lotteries without our prior written permission. d. Inaccurately Tagged Content Pages, Groups, and Events must not inaccurately tag content or encourage users to inaccurately tag content. e. Incentivization Pages, Groups, and Events must not incentivize people to misuse Qbaface.inc features or functionality.

 

Notification of Requests for Account Information

 

Qbaface.inc's policy is to notify users of requests for their account information, which includes a copy of the request, prior to disclosure unless we are prohibited from doing so (e.g., an order under 18 U.S.C. § 2705(b)). Exceptions to prior notice may include exigent or counterproductive circumstances (e.g., emergencies; account compromises, etc.). We may also provide post-notice to affected users when prior notice is prohibited.

 

Guidelines for Law Enforcement Seeking Customer Data (Worldwide)

 

Like all service providers, Qbaface.inc is legally required to turn over customer data that it hosts when it receives valid legal process from a law enforcement authority with jurisdiction. The following guidelines apply to all customer data hosted by Qbaface.inc. a. Service of Legal Process Preservation requests, subpoenas, or search warrants from U.S. law enforcement or civil investigative agencies seeking data regarding Qbaface.inc's customers may be personally served at, or mailed to the address below. Qbaface.inc will only respond to requests from non-U.S. law enforcement agencies that are issued by a U.S. court either by way of a mutual legal assistance treaty or a letter rogatory. Civil subpoenas require personal service and will not be accepted via fax. b. Valid Legal Process is Required Before Disclosure For all Qbaface.inc customers disclosure is governed by U.S. law, including the Federal Stored Communications Act (the “SCA”), 18 U.S.C. Sections 2701-2712, as well as by our own Terms of Service and Privacy Policy. In general, we will turn over “basic subscriber” records (i.e., name, email address, phone number, and so on) in response to a valid subpoena that is issued in connection with an official criminal investigation. However, we require a search warrant issued upon a showing of probable cause under relevant state or federal law before we will turn over user content stored on our servers, such as posts, photos, videos, documents, etc. Requests by law enforcement agencies require a valid search warrant or equivalent from an agency with proper jurisdiction over Qbaface.inc.

 

Qbaface.inc Rights

 

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Qbaface.inc and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Qbaface.inc name or any of the Qbaface.inc trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Qbaface.inc, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

 

Indemnity

 

By accepting these Terms of Service, you agree to indemnify and otherwise hold harmless Qbaface.inc, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of Qbaface.inc; ii) unauthorized access to or alteration of your communications with or through Qbaface.inc, or iii) any other matter relating to Qbaface.inc. Any business transactions which may arise between users from their use of Qbaface.inc are the sole responsibility of the users involved, and we disclaim any and all responsibility for such transactions. You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages). Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In no event will our total cumulative liability exceed US $10.00.

 

Ownership In and To The Site and Services

 

Other than User Content (which we do not own and claim no ownership of), we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services (“Qbaface.inc Content”); and (b) Qbaface.inc's trademarks, logos, and brand elements (“Marks”). The Site and Services, Qbaface.inc Content, and Marks are all protected under U.S. and international laws. Qbaface.inc, My Cloud, Check It Out, Practice Safe Sharing, the Qbaface.inc logo, and other Qbaface.inc logos and names are trademarks of Qbaface.inc. You agree not to display or use these trademarks in any manner without our prior written permission.

 

Other Provisions

 

Qbaface.inc is provided to people by Sgrouples, Inc., a company based in Los Angeles County, California. Under no circumstances will Qbaface.inc be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control. If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions. The failure of Qbaface.inc to enforce any right or provision of these Terms will not prevent Qbaface.inc from enforcing such right or provision in the future. Qbaface.inc reserves the right, in our sole discretion to modify these Terms, effective upon the date a revised Terms of Service is posted on the Site with notice to you, the User, of such modification. Your continued use of the Service constitutes your binding acceptance of the terms and conditions of this Agreement, as they are amended, revised and posted on the Site periodically. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to these Terms, the Site, or Services will be filed only in the state or federal courts located in Los Angeles County, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

 

Products

 

WARNING: It is a federal and state crime to purchase any product or service by fraudulent means. Any and all Products purchased through this website will not be used for any illegal purpose. In the event that Qbaface becomes aware of any fraudulent use of its services, it reserves the right to send all information from its network to the victim or law enforcement agency, upon request by law, without the consent of the subscriber. This is an unconditional and non-negotiable term of services, and an exception to our privacy policies.

By accessing the activation of your prepaid calling PIN associated with your Service, you agree to be bound by all of the terms and conditions set forth below. Any use of, purchase through, this website is expressly conditioned on your acceptance of these terms and conditions set forth in this document and which may be updated from time to time at www.Qbaface.com DO NOT ACCESS YOUR PIN OR USE THIS SERVICE OR CREATE A SUBSCRIBER ACCOUNT OR PURCHASE UPLOAD SERVICES THROUGH THIS WEBSITE IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS INDICATED ON THIS WEBSITE. THESE TERMS ALSO APPLY TO PURCHASES FROM LIVE OPERATORS.

These terms and conditions are subject to the Federal E-sign Act of 2000, as amended, and constitute an Agreement between Qbaface.com and the Subscriber for prepaid calling services purchased through this website. BY ACTIVATING A PIN AND SERVICE, YOU REPRESENT THAT YOU ARE OF THE LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE COMPLETELY READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Thank you for selecting Qbaface's PIN-less and prepaid calling services through this website (“Services”). Qbaface strives to provide the best and cheapest possible calling services for its users and customers. Therefore, it is important that you read and are familiar with our terms of service that apply to all sales and all services provided by Qbaface. If you have any questions about these Terms, please contact our customer service department before making a purchase or when the problem is known. We value your business and look forward to meeting your communication needs.

 

The following terms apply to all Qbaface services:

 

1. You can contact Customer Service at: Service www.qbaface.com. Any and all problems, questions or notices under these terms and conditions must first be sent to Customer Service as a precondition to any claim or complaint.
2. Electronic service contract: All services purchased at www.Qbaface.com and its associated mobile application platform are performed using a Browser Wrap electronic contract format. Qbaface will make the Terms of this Browser Wrap Agreement available to you in a separate format upon request. You can request access to these electronic records in Adobe Acrobat or in standard text formats. They are also available here on the website. At all times, it reserves the right to request and receive paper documents when requested from Qbaface by email or through our customer service www.Qbaface.com. Qbaface will make these terms available electronically upon request. At all times, you reserve the right to request and receive paper documents when you request it from Qbaface by email or by phone.
3. Use of services: The Qbaface Service is intended for personal use only. It is not intended to be added to, resold, or provides primary services to call shops, call centers, telemarketing or professional services, or any other variant of commercial use outside of the individual's use of the calling service for purposes. Qbaface reserves the exclusive right to review the use of the Qbaface Service and cancel such service if it reasonably believes that the account is being abused or that it is being used for purposes other than personal use. You must not resell or transfer the Service or grant access to the Account to another party without our prior written consent. You are prohibited from using the Service or Account Access for automatic dialing, continuous or extensive call forwarding, telemarketing (including but not limited to political or charitable solicitation or polling), forgery / harassment, broadcast fax or voicemail or blast fax or voicemail. Qbaface reserves the right to immediately terminate your Service if we determine, in our sole discretion, that you have at any time used the Service or an Application for any of the above or similar activities.
4. Reservation of rights: Qbaface reserves the right to refuse service to anyone through its website for any reason and at any time.
5. Inappropriate use and / or conduct as a cause for termination or breach of the Agreements: You agree to use the Qbaface Service and Application for lawful purposes only. You must not use, or allow third parties (3) to use, the Service or the Application in any way that is illegal, harmful, threatening, defamatory, misleading, fraudulent, abusive, harassing, defamatory, vulgar, obscene, sexually explicit. , profane, hateful, discriminatory material or other objectionable material of any kind, including, without limitation, material that encourages illegal conduct. If Qbaface believes, in its sole discretion, that a customer has engaged in any of the above conduct, Qbaface reserves the right to (i) immediately suspend or terminate its Service; and / or (ii) forward the offending materials, your communications with Qbaface and your identification and other personal information to the appropriate authorities for investigation and processing. You consent to the sending of such communications and information to these authorities or the police. In the event of such termination, you will be responsible for charges for the entire month through the end of the current term, including, but not limited to, unbilled charges, plus a termination charge, if applicable, all of which will be effective and will pay immediately. termination of your service.
6. Regulatory fees and taxes: All sales, use, indirect, utility or other taxes, or regulatory fees or charges imposed by Qbaface as a result of the provision of international calling services or services through the Qbaface Application will be deducted from prepaid amounts charged to Customer's account and are a cost of the Service when imposed or required by law. This includes the Delaware Communication Service or sales tax that is applied to the amount charged that you pay for the service. The net worth and minutes available to call are announced in the Qbaface voice prompts accessed when placing a call. Contact our customer service for information on the applicable taxes and fees associated with your service.
7. Minutes revealed through voice message: When using the Service, you will be asked for an Interactive Voice Notice (IVR) that will disclose the available minutes that you have available according to the rates to that destination and the regulatory rates and taxes applied. All published rates are applicable rates before taxes and fees. If you have any questions regarding the Rate applied, please hang up before the Service is completed and contact our Customer Service team at www.Qbaface.com for clarification.
8. Service minutes and rounding: Qbaface services are generally rounded to the nearest thirty (30) second interval. Some destinations and calls to select called numbers that are outside the main telephone network of the foreign country (off-network) or in remote locations in foreign countries (remote), or where the practice of the operator underlying that country rounds the Different telecommunication service time for provisioning purposes (rounding to destination). Qbaface reserves the right to round the telecommunication time to the nearest sixty (60) second interval for calls that are "off the network", "remote" or incurred due to the "rounding of destination" of the operators underlying the number. destination called. If you have any questions about the corresponding rounding, please contact our Qbaface customer service.
9. Credit / Debit Card Charges: Qbaface will not accept credit or debit card payments from brand network credit card issuers that are regulated issuers in their respective countries. You must provide and pay by valid credit card (Visa, MasterCard, Discover, American Express, or any other issuer accepted by Qbaface) of which you are the authorized cardholder when purchasing, activating or recharging any Qbaface Service. All services are prepaid and charged at the time of purchase. Qbaface reserves the exclusive right to request identification for proof of cardholder or payment account. Government ID may be required to show proof of cardholder. You must notify Qbaface in writing within seven (7) days of receipt of your credit card statement if you disagree with Qbaface Services charges from Qbaface Services. Any applicable billing discrepancy that results in the consumer initiating a refund from the credit card provider through the Federal Truth in Lending Act, 12 C.F.R. Part 266 (1998), REG-Z, is not exempt and Qbaface must be given reasonable time to investigate the nature of the claim, the billing and the specific charge of the Customer.
10. Payment Network Rules: Our merchant processors (Payment Networks) are found online on our website or within mobile app verification. The payment networks that process payments online on our site have established guidelines, statutes, rules and regulations ("Network Rules"). Qbaface is required to comply with all applicable Network Rules that apply to merchants using an online purchasing process. These rules are publicly available from processors and can be delivered to you at the request of Qbaface by written request or through customer service. Payment networks reserve the right to modify their own network rules. Qbaface also reserves the right to modify its Terms and Conditions at any time, as necessary, to comply with the Network Rules or correct changes to the credit or debit cards that the payment networks use or can accept for the transactions.
11. Security Phone Number and PIN: You are responsible for maintaining the confidentiality and security of your mobile phone and the Qbaface.com account number associated with your Qbaface services. You are responsible for all uses of your phone and account, whether or not you expressly or expressly authorize it. Any unauthorized access to your Qbaface service that is the result of your own negligent handling of the Qbaface service is expressly your responsibility. You expressly waive all legal defenses and measures against Qbaface for any collectible debt arising from unauthorized access to your services, through your PIN and / or account that is the result of your own manipulation, negligence or intentional disclosure of your Phone. Number or associated with your Qbaface service account.
12. There are no warranties on the service: QBAFACE MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PURPOSE OR FITNESS PARTICULAR WITH REGARD TO THE SERVICES OR THE APPLICATION, ANY TRANSACTION CARRIED OUT THROUGH THE SERVICES OR ON THE INTERNET IN GENERAL, OR AS TO THE QUALITY OF THE CALL. QBAFACE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM SUCH TRANSACTION, USE OF THE SERVICE OR APPLICATION. QBAFACE DOES NOT WARRANT THAT THE SERVICES OR THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THEY WILL OPERATE WITHOUT FAILURE, LOSS OF PACKAGES, DEGRADATION OR INTERRUPTION, NOR DOES QBAFACE GUARANTEE ANY CONNECTIONS OR TRANSMISSIONS OVER THE INTERNET, OR TRANSMISSIONS OVER THE INTERNET MATERIALS WILL BE CORRECTED. NEITHER QBAFACE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, NOR ANY OTHER SERVICE PROVIDER OR PROVIDER THAT PROVIDES SERVICES, APPLICATIONS OR PRODUCTS TO THE CUSTOMER IN RELATION TO THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR TRANSMISSIONS TO OUR TRANSMISSIONS EQUIPMENT OF ITS FACILITIES OR PREMISES, NEITHER BY UNAUTHORIZED ACCESS TO THE FILES, PROGRAMS, PROCEDURES OR INFORMATION OF THE CLIENT, NOR BY THE ALTERATION, THEFT OR DESTRUCTION OF THE SAME, THROUGH ACCIDENTS, MEANS OR FRAUDULENT APPLICATIONS OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGES ARISE AS A RESULT OF QBAFACE OR THE NEGLIGENCE OF THE SERVICE PROVIDER OR THE PROVIDERS. STATEMENTS AND DESCRIPTIONS REGARDING THE QBAFACE DOWNLOADABLE APPLICATION OR SERVICE, IF ANY, BY QBAFACE OR OUR AGENTS OR INSTALLERS ARE INFORMATIVE AND ARE NOT MADE AS A WARRANTY OF ANY KIND.
13. Expressed Limitation of Liability: IN NO EVENT WILL QBAFACE BE LIABLE TO THE CUSTOMER FOR (I) ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF EARNINGS, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS, LOSS OF BUSINESS) OR INFORMATION, AND THE LIKE) ARISING FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR MATERIALS, OR ANY TRANSACTION PROVIDED ON THE SERVICE OR DOWNLOADED OR HYPERLINKED FROM THE SITE, EVEN IF QBAFACE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE AUTHORIZED REPRESENTATIVES OF OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SERVICE AND / OR MATERIALS OR INFORMATION DOWNLOADED THROUGH OR HYPERLINKED FROM THE SITE.
14. Indemnification. You, the Qbaface Customer, agree to indemnify, defend and hold your officers, directors, employees, agents, shareholders, licensees, suppliers, business partners and third party information providers to the Site, Qbaface Services or Applications from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from the Client's use of any of the Services or Applications.
15. There are no guarantees on the website. Hyperlinks or other web pages accessible from the site will allow you to leave the site or pages of Qbaface. com (for example, AppleStore, etc.). Qbaface. com is not responsible for the content of any linked site or any link contained in a linked site, or for any changes or updates to such sites. Qbaface. com does not control or endorse the content of third party websites. All services and materials provided on the Qbaface website. com are provided "as is". Qbaface. com does not guarantee or warrant that the files available for download from the site are free from infections or viruses, worms, Trojans or other code that contains contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy the security requirements of your particular website for the accuracy of data input and output, and for maintaining a means external to the site for reconstruction of any data loss. . You assume all responsibility and risk for your use of the services, the application and the Internet when you are linked to another site that is not under the control of Qbaface.
16. Initial welcome message and consent to Qbaface PUSH, text and newsletter messages: You will receive a one-time initial welcome message via push message or SMS to notify you that the service has been activated and established. . You can continue to receive alerts, payment confirmations and promotions of Qbaface services through this method, OR revoke any consent to such messages simply by replying "CANCEL" through a text message or by contacting the customer service. Qbaface client. If you CANCEL this option and subsequently wish to receive messages from Qbaface via text or push messages, please contact Qbaface customer service to give your express written consent to reinstate the option. You can also restore service through the mobile application by electronically confirming your consent.
17. Applicable law, jurisdiction and venue. These Terms of Use shall be governed exclusively by and construed in strict accordance with the laws of the State of Florida. The Customer, by virtue of the purchase through this website, agrees to submit to the exclusive jurisdiction and venue of the state and federal courts of Miami County, Florida and expressly waives all defenses to jurisdiction without any consideration of conflict of law theories, law cases or principles.
18. Trademarks. All corporate names, service marks, logos, trade names, trademarks, websites and domain names of Qbaface, Inc. d / b / a www.qbaface.com (collectively "Marks") are and will remain the exclusive property of Qbaface and nothing in this agreement will grant the customer or a third party a license to use such Marks.
19. Copyright. All Services, Software and Materials found on this Website are protected by the Copyright of the United States, or by and through other intellectual property laws. Any commercial use of the Software, Services and Materials found on the Website is strictly prohibited, without the express prior written consent of Qbaface, Inc d / b / a www.qbaface.com. Any reproduction or redistribution of the Services and / or Materials that is not in accordance with the terms established herein is expressly.
20. Compliance with Qbaface inc. Please note that in the event that a request comes from government or law enforcement agencies, with the authority to require Qbaface to report information related to its services, or, if law enforcement requests this information or access in accordance with CALEA or the Patriotic Law, Qbaface will be obliged to cooperate and disclose this information in accordance with the laws of the United States of America and the State of Florida.

Qbaface Wallet

1. IMPORTANT INFORMATION:
   1. These Terms and Conditions govern the access and use by the User of the Qbaface digital wallet "Qba Wallet" and the services linked to it "Qba Wallet Services" for the purpose of paying the price of any products, information, goods, services or materials in favor of the corresponding Merchants. For clarification purposes, these Terms and Conditions prevail over any other agreements reached between Qbaface and the User (or between any of Qbaface's affiliates and the User) in relation to the use of Qba Wallet for the purpose of making any payments for any products purchased at any Merchant that sold such products through the Platform Operator's Website.
   2. Qba Wallet is an account that stores “electronic money” and provides a digital wallet (e-wallet) function. This function can be accessed through the Website of the Platform Operator. Notwithstanding Clause 1.1, when we refer to “Platform Operator Website” in these Terms and Conditions, we refer to this e-wallet function accessible through the Platform Operator Website. In general, in these Terms and Conditions the term "funds" will be used to refer to the User's electronic money.
   3. The Qba Wallet Services are services provided by us to facilitate payments in connection with online and offline transactions using the Qba Wallet. We may receive support from our affiliates, in the context of outsourcing agreements, for the provision of the Qba Wallet Services (our affiliates, together with us, the “Qbaface Group”).
   4. Qba Wallet is operated by Qbaface (USA) Inc. (“Qbaface”). For more information about Qbaface, see the definition of “Qbaface” in Annex 1 of these Terms and Conditions.
   5. The User must be at least 18 years old to open and use Qba Wallet. We may ask you at any time to provide us with supporting documentation of her age. Except where expressly stated otherwise or the context requires a different interpretation, all references to “You” or "your" have been included with the intention of referring to the Qba Wallet User, and references to "Qbaface", "we" or "our" in these Terms and Conditions shall be understood to refer to Qbaface (or any affiliate of Qbaface) in its capacity as operator of Qba Wallet and the Qbaface Wallet Services. By requesting or using your Qbaface Wallet, the User accepts these Terms and Conditions.
2. ACCESS TO QBAFACE WALLET
   1. The User agrees to:
      1. Use your Qba Wallet in accordance with these Terms and Conditions, exclusively for legitimate purposes and in accordance with current legislation, as well as to act at all times in good faith in relation to your Qba Wallet.E
      2. Ensure the accuracy of any information or data that you provide to Qbaface in relation to your Qba Wallet.
3. REGISTRATION
   1. For registration purposes, the User must provide QBAFACE with accurate and complete personal information, including his name, address, telephone number, date of birth, email address and any other information that we deem necessary (the "Registration Information"). The User agrees to keep their Registration Information duly updated at all times in order to guarantee its accuracy and completeness.
   2. In addition to said Registration Information, Qbaface may request any other information or additional documentation that it deems justified for the proper functioning and operation of Qba Wallet and any other services related to it, including information and documentation necessary to verify the identity of the User, their age or their bank details or related to any debit or credit card or other payment instrument in relation to the use by the User of Qba Wallet. The User undertakes to provide said information or documentation to Qbaface immediately at the latter's request. In the event that the User does not provide such information or documentation immediately, Qbaface may restrict the User's use of QbaWallet, and may also suspend or close their Qba Wallet in accordance with the provisions of Clause 17 below.
   3. The User authorizes Qbaface to carry out any procedure that we consider necessary in order to validate and verify their identity (either directly or through third parties) at any time and for any reason, including for the purpose of processing any refund.
   4. The User may only open one (1) Qba Wallet in his name.
4.  QBAFACE WALLET INFORMATION
   1. The User undertakes to adopt any reasonable measures that may proceed in order to guarantee the security of the access data (including any username and password) to his Qba Wallet. We recommend that you periodically change your password, and please note that, subject to Clause 13 below, Alipay will not be liable for any unauthorized disclosure or use of your login details (including your username and password).
   2. If at any time you become aware that your login data (including your username and password) have been compromised (for example, in the event that your access codes have been stolen), or in the event that you become aware any unauthorized use of your Qba Wallet, you must notify Qbaface of such circumstance as soon as possible. Once said notification is received, Qbaface will adopt measures in order to prevent (and may also block) any subsequent operation or additional use of your Qba Wallet, until such time as Qbaface deems appropriate to reactivate the use of the account in question.
   3. Qbaface will provide you with certain information about each Payment Transaction credited or charged to your Qbaface Wallet, free of charge and continuously through the Platform Operator Website, including:
      1. A reference that allows you to identify the Payment Transaction in question together with, where appropriate, information regarding the beneficiary of the payment or the payer (as applicable in each case), including any information that may have been transmitted with said Payment Transaction.
      2. The amount of the Payment Transaction, in the currency in which the payment in question was to be recorded to the debit or credit of your Qbaface Wallet (or in the currency used in the Payment Request), as appropriate in each case.
      3. The amount of any commissions or expenses for the Payment Transaction together with, if applicable, a breakdown of the same, or the interests that the User has to satisfy.
      4. Where appropriate, the exchange rate used by Qbaface for the purposes of the Payment Transaction, as well as the amount to which said Payment Transaction would amount once the appropriate currency conversion has been carried out.
      5. The value date of the charge or receipt of the Payment Request, or the value date of the corresponding payment (as appropriate in each case).
5. EXISTING BALANCE IN QBAFACE WALLET
   1. The User may keep available funds in his Qbaface Wallet. Such funds, less any amounts owed by the User in favor of Qbaface, make up the balance of his Qbaface Wallet (the “Qbaface Wallet Balance”).
   2. The User may deposit funds in his Qbaface Wallet through the use of any instrument or means of payment that Qbaface may accept at any time (including debit cards, transfers between accounts or any other form of payment accepted at any time by Qbaface) (together , the “Payment Instruments”). In those cases in which the User transfers any amount to Qbaface through the use of such Payment Instruments, or in the event that a third party transfers such funds to the User's Qbaface Wallet, in favor of or on behalf of the latter, Qbaface will record the amount in question (once converted, where appropriate, to the appropriate currency) to the credit balance of the User's Qbaface Wallet, after deducting from said amount any existing debit balance in charge of the User and in favor of Qbaface. If the funds transferred to your Qbaface Wallet do not consist of electronic money issued by Qbaface, Qbaface will issue electronic money in an amount equivalent to the transferred funds, and will record said electronic money to the credit balance of the User's Qbaface Wallet without undue delay.
   3. In the case of any transfer made in favor of your Qbaface Wallet through any Payment Instrument, Qbaface does not grant any representation or guarantee regarding said Payment Instrument, nor about the fact that the issuer of the Payment Instrument in question had or not to authorize or approve said transmission.
   4. Unless expressly agreed otherwise, Qbaface will not be responsible for any third party fees or charges incurred for the purpose of contributing funds to your Qbaface Wallet. Alipay reserves the right at all times to reject the entry of any funds into the User's Qbaface Wallet that would take place through the use of any Payment Instrument, in those cases in which we deem it appropriate.
   5. Likewise, we reserve the right to impose any restrictions on your use of the Qbaface Wallet at any time, including regarding (i) the maximum amount that the User may enter or maintain in his Qbaface Wallet at any time; (ii) the total balance existing at any time in your Qbaface Wallet; and (iii) the number of operations that the User could carry out through his Qbaface Wallet.
   6. The User may request to withdraw all or any existing balance in his favor from his Qbaface Wallet at any time. Making a withdrawal of funds from your Qbaface Wallet constitutes an assumption of reimbursement of electronic money. Said request must be accompanied by (except to the extent that said information or documentation had already been previously provided): 5.6.1 updated information on the bank account to which the amount in question was to be paid, the name and address must match of the holder of said account with the name and address provided by the User in relation to his Qbaface Wallet.
   7. Copy of a valid identification document, issued by any public administration, accrediting the User's identity (eg, passport or driving license). Qbaface may accept or reject such documentation at any time, at its absolute discretion.
   8. Qbaface does not pay interest or any other benefits related to the period of time during which the User has kept electronic money in his Qbaface Wallet.
6. USING YOUR QBAFACE WALLET
   1. The User can use his Qbaface Wallet in order to pay the amount of any products, information, goods, services or material acquired in any Merchant.
   2. Qbaface may request the User to submit additional identification documentation prior to the User making any purchase. In such case, Qbaface will request such documentation through the Platform Operator's Website or other communication channels.
   3. Each time the User uses his Qbaface Wallet to make any payment, he authorizes us to reduce the Balance of his Qbaface Wallet by the amount of said payment, as well as the amount of any fees associated with the operation and any commissions for currency conversion (if applicable) as appropriate.
   4. The User may make payments through his Qbaface Wallet only to the extent that his Qbaface Wallet Balance is positive, i.e., the Balance of his Qbaface Wallet is sufficient to meet said payment. The User may not make any purchase for an amount greater than the Balance of his Qbaface Wallet and must refrain from any purchase attempt in said circumstance. Qbaface will not recognize any credit to the User in relation to their use of their Qbaface Wallet, so the User must immediately reimburse Qbaface for any negative balance that may at any time, for any reason, exist in their Qbaface Wallet (for example, in the event that the User owes any fees or commissions in favor of Qbaface).
   5. Payments made through your Qbaface Wallet may be processed through one or more accounts belonging to Qbaface or any of its affiliates, or through any duly registered third-party service provider acting on our behalf.
   6. At the time of releasing any funds, Qbaface may deduct or withhold any charges or service fees (including Service Fees) that are due and due in favor of Qbaface.
   7. You agree that, to the extent you are entitled to receive, and have received, a refund from us in Qbaface Wallet Balance in connection with a Payment Transaction (including, but not limited to, the circumstances described in Clauses 12.2 , 13.1 and 14), and to the extent that all or part of the amount covered by such reimbursement is subsequently reimbursed to you through any alternative source (including, without limitation, any card issuer), you authorize us to deduct the amount (equivalent to the refund amount you received through such alternative source) from your Qbaface Wallet Balance.
   8. The User undertakes to make any notification, provide any necessary information and materials, grant any necessary consents and provide any reasonable assistance and collaboration that Qbaface would need for the purposes of the latter's operation of its Qbaface Wallet, as well as for the purposes of the compliance by Qbaface with any provisions and requirements demanded by the Qbaface Payment Processing System.
      Failure to comply with this obligation on your part may result in delays in our processing of any Payment Transactions and may result in our electing to exercise our rights under Clause 17.
   9. The User agrees that when payments from his Qbaface Wallet are initiated through an Authorized Open Banking Service Provider to which he has given his consent, the provisions of this Clause 6 shall also apply to such payments.
7. REFUSAL OF TRANSACTIONS
   1. Qbaface may refuse or delay any transaction on your Qbaface Wallet if:
      1. The operation violates these Terms and Conditions, or the User fails to comply with any of the obligations in his charge provided in favor of Qbaface.
      2. There are justified objective reasons related to the security of the User's Qbaface Wallet, or any suspicion of unauthorized or fraudulent use of the User's Qbaface Wallet.
      3. Qbaface had reason to understand that the operation could violate any legislation or regulation, or could derive in any form of responsibility or obligations for Qbaface or for any of its affiliates (including, for clarification purposes, those cases in which the operation would suppose the breach by Qbaface of any rules or requirements of the Qbaface Payment Processing System).
      4. Your Payment Request contains any factual error or does not respond to the agreed format, or has not been transmitted through the agreed means of communication.
      5. It is not possible to execute the Payment Request for the full amount; 7.1.6 the funds that were to be received in order to execute the Transaction were not actually received by Qbaface (eg, the funds are withheld or blocked by a third party).
      6. Any third party claims to hold any right over the funds related to the Transaction.
   2. Qbaface will inform you in advance or as soon as possible (and no later than the end of the next Business Day after receipt of your Payment Request) once it has denied any operation (unless such notification would reduce your security or that of Qbaface, or in those cases in which the law prohibits such notification).
      1. Qbaface will also inform you of the reasons why it would have denied the operation (except in those cases in which said notification would have or could reduce your security or ours, or in those cases in which the law prohibited said notification).
   3. Qbaface will not be liable for any damages that the User may suffer as a result of the delay or refusal of Qbaface to attend any payment in accordance with this Clause.
   4. In certain cases, Qbaface may inform the User about the procedure to follow in order to correct the circumstances that would have led to the denial of the operation (unless this would or could reduce their security or ours, or in cases in which the law prohibit such notification).
8. USE OF PERSONAL DATA
   1. In order to provide the Qbaface Wallet Services and fulfill its obligations under these Terms and Conditions, Qbaface processes information about the User that constitutes “personal data”.
   2. Qbaface is the "controller" responsible for the processing of the User's personal data and will collect, process and transfer their personal data in accordance with the Qbaface Wallet Privacy Notice
      The Privacy Notice provides the User with the legally required information in relation to the processing of their personal data by Qbaface in the context of the Qbaface Wallet Services, the obligations of Qbaface and their rights in this regard (including the right of access, rectification and objection to direct marketing, as well as, in certain circumstances, the right to erasure, restriction of processing, data portability and the right to object to other forms of processing, as well as the right to withdraw your consent).
9. CONSENT TO TRANSFER FOR PROFESSIONAL SECRET PURPOSES
   1. In relation to professional secrecy obligations that are applicable to us in accordance with the Payment Services Law, the User expressly authorizes and expressly instructs Qbaface so that the latter can transmit any information related to the User, including, among others ends, your name, surnames, address, date and place of birth, contact information, Payment Operations and other information that will appear in your Qbaface Wallet or related to the services provided by Qbaface or the corresponding third parties are established, within the framework of any service outsourcing contracts linked to the different operational and technical functions of the services provided under these Terms and Conditions, including, in particular, customer onboarding procedures, customer service, technology, data analysis, detection and prevention monitoring of criminal sanctions and FX. 9.2 The transfers referred to in the Clause
   2. Will be carried out at all times in accordance with the Privacy Notice. For clarification purposes, the consent requested under this Clause 9 is for the sole purpose of financial regulation and does not constitute a legal basis for the transfer of your personal data under the Privacy Notice.
10. CONSENT TO EXECUTE OPERATIONS
    1. For the purposes of carrying out any Payment Operation, the User must submit their Payment Request following the instructions available on the Platform Operator 8 Website, for example, selecting their Qbaface Wallet as the payment method at the time of payment. making a purchase or specifying an amount to withdraw and adding the data of a linked bank account (insofar as the User wants to withdraw funds from his Qbaface Wallet and transfer them to another account).
    2. The User acknowledges and accepts that, by virtue of submitting their Payment Request through the Platform Operator's Website, they consent to the Payment Request and the execution of the Payment Operation.
11. OUTGOING PAYMENTS
    1. Unless otherwise agreed in writing (in these Terms and Conditions or in any other instrument), any Payment Request will be understood to have been received at the time we receive the Payment Request (unless otherwise agreed in writing). ).
    2. Once we have received the User's Payment Request, the User will not be able to revoke their Payment Request. 11.3 Regarding each Payment Transaction, Qbaface will notify the User through the Platform Operator's Website of the appropriate information on the maximum execution time of the order in question, as well as any charges that the User would have to pay. in the Payment Request.
    3. If the User becomes aware of the existence of any Payment Transaction that has not been duly executed, they will be obliged to notify Qbaface of said circumstance as soon as possible and, in any case, within a maximum period of thirteen (13) months from the date in which said operation would have been owed to him. Otherwise, the User could lose any right to reimbursement that could assist him.
    4. Qbaface will not be responsible for the misuse of the Qba wallet application and for erroneous shipments to Qbaface members, the user is responsible for verifying the account and the user to whom he wishes to make any type of transfer through Qbaface Wallet.
    5. The user will not receive any refund for purchases of services provided by Qbaface such as purchases of Stikers, purchase of premium in the application where it can include different services such as live streaming and other services.
    6. If the person to whom the User intended to pay does not receive the funds, Qbaface will not be responsible provided that it had processed the payment in accordance with the payment instructions provided by the User, but the User had misidentified the person. that was to receive the payment or the data of the destination account, for example, the account number or mobile phone number (the so-called unique identifier). At the request of the User, Qbaface will make any reasonable efforts that proceed in order to obtain the return of the funds, without however being able to guarantee the success of such efforts. Qbaface will also provide any relevant information available to it (including the data of the beneficiary who received the funds) in the event that the User intends to claim the return of the funds without the intervention of Qbaface (except in those cases in which the delivery of said information would or could reduce your security or ours, or in those cases in which the law prohibits such delivery).
12. UNAUTHORIZED PAYMENT OPERATIONS
    1. Subject to the provisions of this Clause 12, and in general, in those cases in which Qbaface has executed any Payment Operation that has not been authorized by the User, Qbaface will reimburse the User for amount of said Payment Transaction and, where appropriate, will restore the User's Qbaface Wallet to the state in which said account would have been if the unauthorized Payment Transaction had not taken place (including, where appropriate, the deduction of the amount of your Qbaface Wallet Balance to the extent that the unauthorized Payment Transaction refers to a placement of funds in your Qbaface Wallet). To the extent that the User receives any refund under the provisions of this Clause.
    2. The User shall refrain from claiming any amount corresponding to all or any part of the amount refunded by any other means (including, among others, by any card issuer).
    3. If the User notices the execution of any Payment Operation that has not been authorized, he must notify Qbaface of this circumstance as soon as possible and, in any case, within a maximum period of thirteen (13) months from the date on which the corresponding funds would have been debited to your Qbaface Wallet. In this contrary case, the User could lose any right of reimbursement that could assist him.
    4. Qbaface will not indemnify the User for any losses arising from any claim for the unauthorized use of his Qbaface Wallet in those cases in which the User had, fraudulently, willfully or grossly negligently, breached his obligation to keep the Qbaface Wallet secure. your login data (including any username and password), among others in cases in which the User has disclosed the access data to his Qbaface Wallet (including his username and/or password) to any third party ( unless the User had notified Qbaface of this circumstance, in accordance with the provisions of Clause 13.2, before the payment in question was deducted from his Qbaface Wallet) in a malicious or intentional manner. In such cases, the User will be liable to Qbaface for any damages suffered and incurred by the latter due to the unauthorized Payment Operation.
    5. By exception to the provisions of Clause 12.3, and unless the User has acted fraudulently, Qbaface will reimburse the User for the amount of the unauthorized Payment Transaction and, where appropriate, will restore the User's Qbaface Wallet to the state in which said account would have been found if the unauthorized Payment Transaction had not taken place, provided that any of the following assumptions occurred:
       1. If the User could not have known of the risk of improper use to which their access data or your Qbaface Wallet.
       2. If the payment had taken place due to any error attributable to any person or entity for which Qbaface had to respond.
       3. If the payment has been subtracted from the User's Qbaface Wallet after the User has notified Qbaface that a third party knows his access data, or if Qbaface has not provided the User with a way for the User to have notified Qbaface said circumstance; 13.4.4 if we were required by law to require any procedure from you at the time you ordered payment from us, and yet we have not required you to comply with such procedure; either
       4. If the User has made any payment in respect of any goods or services acquired over the Internet or through any other form of distance contracting (subject to certain exceptions, for example in the case of housing rental contracts, in respect of which we can provide you with additional information once you have notified us of the signing of the contract in question). 12.5 In those cases in which we understand that the User has acted in the manner provided in Clause 12.3 above, Qbaface will accredit said circumstance through the appropriate documentation (except that doing so reduces, or may reduce, their security or ours; or doing so is considered, or may be considered, contrary to law).
13. PAYMENTS REQUESTED BY THE BENEFICIARY
    1. If the User has authorized any beneficiary of a payment or payment service provider of said beneficiary to withdraw any funds from his Qbaface Wallet, the User may nevertheless request a refund in those cases in which each and every one of the of the following circumstances, namely:
       1. That the User has agreed to make the payment, without however having agreed on the amount thereof.
       2. That the amount withdrawn is greater than that which the User could reasonably expect in any circumstances (including in light of their spending pattern).
       3. That the beneficiary of the payment is located in the American Economic Area; 14.1.4 that the User had not directly instructed Qbaface the payment in question.
       4. That neither Qbaface nor the person who had received the payment had provided any information to the User about the payment in question during a period of (4) weeks prior to the time of withdrawal of the funds; Y. 14.3 To the extent that the User receives any reimbursement under the provisions of this Clause 14, the User shall refrain from claiming any amount corresponding to all or any part of the amount that would have been reimbursed by any other means (including , among others, by any card issuer).
       5. If the User has requested any refund and Qbaface has denied it, Qbaface will notify the User of this circumstance and will also inform him of the bodies to which the User could go in the event that he does not accept the reasons notified by Qbaface (except that doing so reduces, or may reduce, your safety or ours; or doing so is, or may be, considered unlawful).
14. COMMISSIONS
    1. Qbaface may charge the User certain fees from time to time in connection with his Qbaface Wallet and the use of the Qbaface Payment Processing System, including for the configuration and maintenance of his Qbaface Wallet (the "Service Fees"), even though we currently do not charge Service Fees.
    2. Subject to the provisions of Clause 18 and your right to close your
       Qbaface Wallet Pursuant to Clause 17, Qbaface reserves the right to modify the Service Fees at any time. Any Service Fees (and changes to the Service Fees) must be notified to the User prior to such Service Fees being applied. Service Commissions already paid or those whose payment has already been notified will not be modified.
15. CURRENCY CONVERSIONS
    1. We currently do not perform foreign currency conversions in connection with Payment Transactions made from or to your Qbaface Wallet. Any Payment Transactions must be made in your local currency.
16. CLOSURE, SUSPENSION AND LACK OF ACCESS TO YOUR QBAFACE WALLET
    1. The User may request the closure of his Qbaface Wallet at any time by notifying our customer service. Customer support is available through a “help center” on the Platform Operator's Website.
    2. Subject to the provisions of the applicable legislation and for justified objective reasons (such as the security of its Qbaface Wallet or the corresponding services or platform, or if Qbaface reasonably understood that the User could have carried out any Prohibited Activities), Qbaface may do any (or a combination of) the following:
       1. Suspend or restrict the User's use of his Qbaface Wallet.
       2. Close the User's Qbaface Wallet.
       3. Cancel the provision of the Qbaface Wallet Services.
    3. We may also deny any Authorized Open Banking Service Provider access to your Qbaface Wallet, for example, if we reasonably suspect that an Authorized Open Banking Service Provider is involved in fraudulent activity or if we are otherwise required to do so. in accordance with applicable law.
    4. In the event that Qbaface intends to adopt any of the measures provided for in Clause 17.2 or Clause 17.3 above, we will notify you of said circumstance previously (with reasonable notice) or immediately after the adoption of the measure in question ( except in those cases in which such notification would or could reduce your safety or ours, or in those cases in which the law prohibits such notification)
    5. If, in accordance with the provisions of Clause 17.2 or Clause 17.3, we suspend or restrict the use by you (or by any Authorized Open Banking Service Provider) of your Qbaface Wallet or the services associated with the same, we will re-enable your access (or that of the aforementioned Authorized Open Banking Service Provider) to your Qbaface Wallet as soon as possible once we understand that the reasons that would have derived in said circumstance have failed.
    6. Qbaface will not be liable to the User due to the inability of the same (or any Authorized Open Banking Service Provider) to access their Qbaface Wallet in those cases in which it has been suspended or closed in accordance with Clause 17.2 or with Clause 17.3.
    7. If you or Qbaface close your Qbaface Wallet for any reason:
       1. Said closure will not imply the cancellation of those Payment Transactions that have already been authorized, without the closure of your Qbaface Wallet being able to release the User from any liability to which you may be subject to in connection with your Qbaface Wallet.
       2. Your Qbaface Wallet will be suspended until (i) any pending Payment Transactions have been settled or cancelled; (ii) the remaining funds in your Qbaface Wallet have been transferred out of your Qbaface Wallet (to a valid bank account in which the name and address of the holder of the aforementioned bank account coincide with the name and address provided by the User in relation to your Qbaface Wallet); (iii) any refund in relation to your Qbaface Wallet has been processed; and (iv) all necessary checks for know-your-customer, money laundering, terrorist financing, fraud, sanctions or any other check activities required by law have been completed, at which time your Qbaface Wallet will be closed.
    8. Yes Qbaface suspects that the User has used his Qbaface Wallet for any illicit purpose, Qbaface may retain the Balance of the Qbaface Wallet for as long as Qbaface deems appropriate at its absolute discretion or for any period required by applicable law.
    9. Qbaface may refuse to return to the User any funds in respect of which there is any discrepancy, or any funds that are related to any breach of these Terms and Conditions, in each case until the discrepancy in question has been resolved or until any competent court or tribunal has ruled on the matter.
    10. Qbaface reserves the right to carry out any necessary checks regarding the fight against money laundering or the financing of terrorism, cases of fraud, sanctions or other illicit activities before authorizing any withdrawal or transfer of the User's funds or of any Qbaface Wallet balance, including refunding any funds to the User once the User or we have requested the closure of their Qbaface Wallet or before any returns have been processed. Qbaface may report any suspicious activity to the competent authorities. Pursuant to Clause 9.1, the User authorizes Qbaface to communicate his name and other relevant details to our subsidiaries that will participate in the Qbaface Payment Processing System in order to carry out any verification regarding possible existing sanctions.
17. MODIFICATIONS
    1. Qbaface may modify both these Terms and Conditions and any Service Fees as well as the characteristics and functions of the User's Qbaface Wallet, in the event of any change in current legislation or regulations or applicable jurisprudence, or in the practice or market conditions, changes in the functionalities of your Qbaface Wallet or in order to guarantee compliance with applicable legislation, by publishing an updated version on the Platform Operator's Website or by communicating with the User in this regard through other channels.
    2. We will notify you of these changes through the Platform Operator's Website or other communication channels. These changes will take effect immediately if the changes are not unfavorable to the User (including, but not limited to, protecting the security of their Qbaface Wallet and funds in their Qbaface Wallet or providing better service or new functionality) or to comply with the applicable legislation. For any other changes, the User will be notified in writing and at least two months in advance so that he can assess the proposed changes. In the event that the User does not wish to accept the proposed changes, they may terminate the provision of the Qbaface Wallet Services, in accordance with Clause 24.3, before they become applicable. In this case, closing your Qbaface Wallet will not imply any penalty or cost.
18. REPRESENTATIONS AND GUARANTEES
    1. By accepting these Terms and Conditions, the User declares and guarantees in favor of Qbaface that (i) the use of his Qbaface Wallet does not imply an infringement of any applicable legislation or regulation, and that (ii) for the purposes of carrying out any Payment Transaction, it may be understood that the User is acting in their own name and on their behalf, and not on behalf of any third party. The User undertakes to indemnify us as well as any Persons entitled to be Indemnified, affiliates and their authorized representatives from all damage, loss, action, claim and liability (including legal costs on the basis of absolute indemnity) that may arise, directly or indirectly, from your use of Qbaface Wallet or from your breach of these Terms and Conditions
19. HOW LONG DOES IT TAKE TO MAKE A PAYMENT?
    1. Under normal circumstances, from the time we receive the Payment Request, the following terms apply: (i) charge to your Qbaface Wallet: immediate; and, (ii) receipt of payment confirmation by the beneficiary: 10 seconds.
20. EXEMPTION OF LIABILITY
    1. Unless otherwise stated in these Terms and Conditions, the User acknowledges and accepts that any risks arising from the use of his Qbaface Wallet will be assumed by him.
    2. Although we agree to comply with our obligations in accordance with these Terms and Conditions and except that we have incurred in gross negligence or willful misconduct, Qbaface does not grant any representation and guarantee that:
       1. The User's Qbaface Wallet will respond to the User's needs.
       2. The Qbaface services relating to the Qbaface Wallet can be provided uninterrupted, without any delay and without errors.
       3. The products, information, goods, services or material acquired by the User through his Qbaface Wallet respond to the User's needs.
    3. We do NOT give any representation, guarantee or commitment of any nature, either express or implied, including any representation or guarantee regarding title, accuracy of the description of the product or service, non-infringement by the product or service in question of any of intellectual or industrial property rights of third parties, licensing powers, or the merchantability or suitability of its services for any particular purpose, nor on the fact that the Qbaface Payment Processing System or the services provided by Qbaface in relation to said system should be free from any defects or errors or should function without interruption.
    4. Except as expressly provided in these Terms and Conditions, both your Qbaface Wallet and the Qba Wallet Payment Processing System as well as the services associated with them are offered to the User "as is", in the form in which they are found in at all times and with any defects and shortcomings that, if any, may exist at any time.Qbaface excludes in this act the application of said statements, guarantees, commitments and other terms and provisions, in each case express or implied, that may proceed.
    5. To the fullest extent permitted by law, neither Qbaface nor its affiliates shall be liable for:
       1. Any indirect, consequential, special or punitive damages, including damages for lost profits or loss of income, interruption of activity, loss of business opportunities, loss of customers or damage to image, loss of data or any other interest economic, regardless of the fact that said responsibility could claim to be required under any contractual provision, or due to any negligence, civil wrong or by virtue of any other theory of responsibility, which in each case could derive from the use -or inability to use - by the User of his Qbaface Wallet and any services associated with it (including the use of the Qbaface Payment Processing System) 16 except in the event that they have been caused, directly or indirectly, by us or our affiliates for gross negligence or willful misconduct.
       2. Any losses, damages, costs or expenses caused, directly or indirectly, by any third party (subject to both our liability and that of our affiliates, where applicable, by the actions of our own representatives), any actions or omissions that have been expressly authorized by the User or, in the case of our affiliates, by any products (including any hardware or software) that have not been provided by them.
    6. Nothing in these Terms and Conditions shall exclude or limit any liability for death or personal injury arising from any event of negligence or fraud attributable to Qbaface.
    7. Some jurisdictions do not allow the exclusion of implied warranties that have been recognized by law or the limitation or exclusion of liability for incidental or consequential damages, in which case the limitations and exclusions provided above may not apply to the User. Likewise, the User may have other rights in his favor depending on the applicable jurisdiction.
    8. Excluding Mandatory Provisions (including in particular those under the Payment Services Law or consumer protection legislation), our total aggregate liability towards the User (including for claims, expenses, costs or any other compensation obligations) under the These Terms and Conditions will not exceed (i) USD 1,000 and (ii) the value of the Payment Transaction in relation to which the liability is generated.
21. NOTIFICATIONS AND COMMUNICATIONS
    1. In general, Qbaface will contact the User through the Website of the Platform Operator or by their mobile phone or email address. Qbaface may contact the User through other applications. Qbaface will use these means of communication to notify the User of their account data, as well as to inform them of any suspected threat or incident in terms of security or fraud.
    2. These Terms and Conditions and other important documents in relation to your Qbaface Wallet are available on the Website of the Platform Operator.
    3. You can contact us through the “help center” available on the Platform Operator Website.
22. PROCEDURE FOR MANAGING CLAIMS AND OUT-OF-COURT DISPUTE RESOLUTION
    1. If you have any difficulties with your Qbaface Wallet or have any questions about it, please contact us in the manner provided in Clause 22 above.
    2. Any claim or complaint related to these Terms and Conditions will be processed in accordance with our incident resolution procedure, the provisions of which will be available to the User, in English (and which Qbaface may also make available in other languages), on the Website of the Platform Operator and which are also summarized in the following terms:
       1. Qbaface will duly consider all complaints received. Any claim regarding Qbaface or the services provided must be made through the "help center" available on the Website of the Platform Operator. The User must clearly indicate their intention to file a claim. This will help us to distinguish your complaint from a mere enquiry. The Qbaface claims management procedure provides for the procedure to be followed in order to present and resolve any incident. Qbaface will acknowledge receipt of the claim within 10 H Daysbusiness days, except in those cases in which it had previously answered the User within said period. Qbaface, within a period of fifteen (15) Business Days from receipt of the claim, will notify the User of its final response, or send a communication explaining the reasons why it was not possible to offer a final response at that time. In case of special difficulty or in specific circumstances, the management of the claim could exceed the period of fifteen (15) Business Days. In such a case, Qbaface will notify the User, through a provisional response, of the reasons for the delay, as well as the expected date for the response to his claim. In this case, the final answer to your claim will be communicated within a month. If Qbaface's response is not satisfactory to the User, or in the absence of any response, the User may submit their claim to the Qbaface management team. Yes, once the procedure and steps referred to above have been followed.
23. RESOLUTION
    1. Subject to the following provisions, these Terms and Conditions have been signed for an indefinite period, and consequently will continue in force until the date on which all the obligations set forth therein have been duly satisfied.
    2. The User's Qbaface Wallet will be closed in accordance with Clause 17 if the User or we terminate the provision of the Qbaface Wallet Services in accordance with Clause 24.2 or Clause 24.3 (depending on the specific case).
24. GENERAL PROVISIONS
    1. Non-exclusive nature of the rights and actions provided for in these Terms and Conditions Except as otherwise provided in these Terms and Conditions, the rights and actions provided for Qbaface and the User in these Terms and Conditions Conditions do not exclude and shall be understood without prejudice to any other rights and actions that by law may assist Qbaface or the User, without the exercise by you or by us of any of such rights or actions, respectively, could (except in to the extent that, where appropriate, this would have been provided for in these Terms and Conditions) to harm or prevent the exercise by Qbaface or by User 19 of said rights or actions that, respectively, each of them recognized by the corresponding legislation.
    2. Non-existence of waiver In the event that Qbaface or the User fails to comply with any provision of these Terms and Conditions, and even if Qbaface or the User does not assert, in each case, their respective rights in this regard, or delay in the exercise of such rights, this may not be considered as a waiver of such rights by its owner, without such lack of exercise or delay in the exercise preventing Qbaface or the User from exercising such rights (or any others) in any another time later.
    3. Partial nullity If any provision or any part of it provided for in these Terms and Conditions is or becomes null, invalid or ineffective, it must be understood as modified with the minimum necessary extension that allows it to be considered valid and effective. If this is not possible, the provision or affected part of it in question will be considered as not set. No modification or deletion of any provision or part of it that took place under the provisions of this section will affect the validity and enforceability of the remaining Terms and Conditions.
    4. Rights of third parties Nothing in these Terms and Conditions, whether express or implied references, should be interpreted in the sense that it is intended to recognize or that it recognizes rights, benefits or remedies of any nature in favor of third parties other than the parties to these Terms and Conditions in accordance with or because of them.
    5. Test Items
       1. Any records and documentation in electronic format prepared by Qbaface will be considered valid and effective in order to sufficiently prove the existence and content of any notifications sent and instructions issued by the User, as well as the compliance of such documented operations with the instructions of the User. Electronic records or any other records prepared by Qbaface based on any original documentation will have the same value, for purposes of proof, as the original documentation in question.
       2. These Terms and Conditions shall be governed by the laws of the Grand Duchy of Luxembourg. 25.6.2 The Claus.
       3. Will not exclude or limit its ability to rely on Mandatory Provisions (including consumer protection regulations) applicable in accordance with the legislation of the User's country of residence.25.7 Language You accept and agree that any notification, information or communication to be made under these Terms and Conditions will be made in English (notwithstanding that we may implement communication procedures in other languages). Please contact Qbaface if at any time you wish to receive a copy of these Terms and Conditions or any other information about your Qbaface Wallet.
       4. Entire Agreement These Terms and Conditions constitute the entire agreement between the parties in relation to the User's Qbaface Wallet, and fully supersede and supersede any previous agreement, communication and contract related to the User's Qbaface Wallet.
       5. Assignment Neither the User nor we may assign our rights or obligations derived from these Terms and Conditions without the prior written consent of the other party, except in the case of assignment due to legal imperative. Notwithstanding the foregoing, Qbaface may assign the rights and obligations arising from these terms and conditions to any affiliate or third party to the extent that their rights and obligations arising from these Terms and Conditions are not affected.
       6. Force Majeure 21 Qbaface will not be responsible for any lack of fulfillment, error, interruption or delay in the fulfillment of its obligations derived from these Terms and Conditions (or any part thereof) nor for the lack of accuracy, reliability or inappropriate nature of the User's Qbaface Wallet, in those cases in which this is attributable, directly or indirectly, to any fact or circumstance beyond the reasonable control of Qbaface.
       7. Acknowledgment and acceptance The User acknowledges and accepts that Qbaface does not have the status of bank or remittance agent, and that the services provided to the User in relation to his Qbaface Wallet may not be considered in any way as banking or money transfer services. remittances, and that Qbaface Wallet should not be considered or qualified as if it were a credit institution or deposit account in accordance with the applicable legislation. Qbaface is not acting as a trustee, trustee or escrow agent in relation to the Qbaface Wallet Balance.
25. ANNEX 1 DEFINITIONS
    1. Unless otherwise inferred from the context, the following terms and expressions will have, for the purposes of these Terms and Conditions, the meaning indicated below in each case: “Qbaface” has the meaning attributed to it to said term in Clause 1.4, and includes both its assignees and any other persons who may succeed it in its activity. affiliates that provide the Qbaface Wallet Service. “QbaWallet” has the meaning ascribed to said expression in Clause 1.1. “Qbaface Wallet Balance” has the meaning ascribed to such expression in Clause 5.1. “Qbaface Wallet Services” means all the services that Qbaface offers to the User in relation to his Qba Wallet. "Qbaface Payment Processing System" means the payment processing, clearing and settlement system that the User can use in relation to Virtual Payment Operations "Prohibited Activities" means any of the following activities, in those cases in which they were carried out by the User in relation to the use of his Qbaface Wallet: (i) the communication of false, inaccurate or misleading information to Qbaface; (ii) the use of your Qbaface Wallet for any illicit activity; (iii) the use of your Qbaface Wallet in any way that could lead to any complaints, claims, disputes, penalties and other liability for Qbaface, other users or third parties, or that could be considered as an abuse or infringement of any service (or of the terms and conditions that govern said service) provided by a third party and that was used by the User for the purpose of depositing (or withdrawing) any amount in (or from) the Alipay Wallet of the User in question. (iv) breach of these Terms and Conditions, the Privacy Notice or any applicable legislation and regulations. 24 “Service Commissions” has the meaning attributed to said expression in Clause 15.1. References to any particular legislation, including the Payment Services Law, shall be understood to be made to said legislation in the form in which it has been modified, updated or replaced by any regulatory instrument at any time. The use of the term “including”