Terms of Service [DRAFT]

Registering with Kubit and using any of our services signifies acceptance of the provisions of three documents: the "Terms of Service", the "Service Level Agreement (SLA)", and the "Privacy Policy", and their acceptance by the user.

• Sabz System Products and Services: Refers to any cloud computing-based services created, developed, operationalized, maintained, and provided to you through websites, domains, IP addresses, and online products and applications by us. These services include but are not limited to providing cloud computing infrastructure, the suite of Kubit products and services, cloud-based application software, and data storage and retention in the cloud. We reserve the right to add to, modify, remove, or amend these services at any time. We reserve the right to change the prices of services, products, and licenses at any time during the term. If the use of our services involves the use by you or your end-users of third-party services, we will not be responsible for services provided by third parties, and at any time, our commitments and liabilities to you will be limited to this agreement or, as appropriate, specific agreements between us and you.
• Software: Refers to any software used by us as part of the Sabz System Services.
• Hardware: Refers to any physical components and objects used by us as part of the Sabz System Services.
• System: Refers to the combination of hardware, software, and any other processes and mechanisms created and used to provide services.
• Ordering Document: Any other written terms and agreements posted on our website, online registration form, order form, or any type of written contract and agreement between us and you.
• User: Any user account created with a valid email or mobile number on the service.

By this agreement, you acknowledge that all rights and interests in the system and the intellectual property rights therein, including but not limited to copyrights, trade secrets, trademarks, etc., belong to Sabz System, and you shall only have the right to use the system in accordance with the terms of this agreement and any other specific agreements concluded between us and you. None of the provisions of this agreement shall be construed as a waiver by us of Sabz System's intellectual property rights, which are identified and recognized in accordance with the relevant laws and regulations.

We may use third-party software, files, data, and services (collectively, "Third-Party Assets and Services") to provide Sabz System services. These assets may be open source or licensed to Sabz System. We have made the necessary arrangements and coordination for the use of these assets and services to provide Sabz System services; however, if cooperation with third parties is terminated due to international sanctions or any other reason not attributable to our act or omission, we will not be liable for any damages arising from disruption of service or even its complete cessation.

All matters will be carried out in accordance with the "Privacy Policy".

• User Data: Proper functioning and provision of services by us require the transmission and passage of your or your end-users' information from our servers. To use Sabz System services, you must provide and upload this information to our servers and storage tools, collectively referred to as user data. You hereby agree that we may receive, review, and analyze your or your end-users' requests for the provision of Sabz System services. It is understood that you, as the exclusive owner of user data, will have full administrative control over this information, and the right to review, modify, and delete this information will remain reserved for you. In terms of compliance with this agreement and the relationship between us and you, intellectual property rights and other legal rights and interests related to or arising from user data remain exclusively yours and will remain confidential to Sabz System. We will not use this information except for the purpose of implementing the subject of this agreement.
• Analytical Information: You hereby agree that during the subscription period, we may collect, use, store, and communicate technical information and other information collected through the system as a result of your or your end-users' use of Sabz System services (collectively referred to as analytical information). Analytical information is collected periodically and intermittently to facilitate the provision of services to you and optimize software performance. Additionally, collecting this information can help provide other services to you. Any analytical information is collected in an aggregated and anonymous manner, and your identity will not be identifiable through such data. Under this agreement, we will be the exclusive owner of analytical information.

• Sabz System only commits to you that, with accurate and proper use of the system according to the guidelines provided by us, referred to in the ordering document, the system will operate correctly within the framework of the service level agreement attached to the ordering document, and Sabz System services will be provided to you. However, we do not commit to providing uninterrupted services, and the use of the system will not be error-free or imply absolute system security. Therefore, our sole responsibility and commitment, and the only guarantee of performance available to you, will be based on any commitments accepted under this agreement or ordering document and will only be enforceable if the defects and deficiencies created have not been remedied by us within a reasonable time.
• In particular, we will not have any commitments regarding potential defects and deficiencies in the following cases:
  • Cases where defects and deficiencies in service provision are due to incorrect installation and maintenance of tools, computer systems, and communication systems, and in general, all means and services used for receiving services from your or third parties' perspective.
  • Cases where avoidance of defects and deficiencies can be achieved by applying updates provided by us, and yet you have not applied those updates.
  • Cases where your use of the system constitutes a violation concurrent with the breach of this agreement or ordering document from your side.
  • Cases where the resulting defects and deficiencies occur due to inherent problems and defects in the use of the internet and/or any type of electronic communication.
  • Note: Except for the scope of commitments mentioned in this clause, your license and right to use the system will not extend to any other explicit or implied commitments that may be claimed by you and not communicated and agreed upon by us. In particular, we will not have any commitments regarding commercial capabilities or specific features of the system that you expect solely from the system and have not been notified and agreed upon by us.
• We will not be responsible for unauthorized access, alteration, and/or deletion of user data unless these matters occur as a result of our intentional act or omission. Therefore, you personally must periodically back up your data and take necessary actions to preserve them.

• The use of services for setting up cryptocurrency mining operations and similar activities is prohibited. If there is any evidence of such use, Sabz System reserves the right to terminate the service and offerings.
• The use of services for setting up and offering various VPNs and similar activities is prohibited. If there is any evidence of such use, Sabz System reserves the right to terminate the service and offerings.
• The maximum power consumption for physical (bare-metal) servers is one ampere. If usage exceeds this limit, Sabz System reserves the right to terminate the service and offerings.

Sabz System has made efforts to prevent users from using simple passwords, but users may still use common passwords or fail to adequately safeguard their passwords. In such situations, misuse of that password may occur. In this situation, Sabz System will not accept any responsibility. Sabz System strongly emphasizes the use of complex passwords and advises against sharing them virtually or physically.

By using Sabz System services, you agree that digital communications such as receiving notifications, emails, text messages, notifications, support in response to "tickets," etc., are equivalent to traditional methods of communication such as fax, telephone, mail, and in-person visits; therefore, any correspondence via the mentioned digital methods will be legally valid.

By creating a Sabz System user account, you agree to receive informational emails and SMS notifications and newsletters from Sabz System. If you do not wish to receive these items, you can unsubscribe from them separately, but in this case, Sabz System will not be responsible for your lack of awareness of messages published through these communication channels.

If you are using Sabz System's free services, you are not entitled to exclusive support, service level agreements (SLAs), or compensation for disruption. Sabz System reserves the right to change or completely remove the capabilities and features of its free services at any time, and the provision or continuity of these free services will never create a commitment for Sabz System.