Terms and Conditions

Agreement to Our Terms

By accessing or using qubiator.com, you agree to these Terms and Conditions. If you do not agree, please do not use the site. These Terms apply to all visitors, including those who browse content, play games, download resources, or make purchases.

You must be at least 18 years old to submit a form, make a purchase, or use our tools on this site. By doing any of those things, you confirm that you are at least 18.

qubiator is operated by qubiator LLC, a limited liability company registered in the State of Florida. You can reach us at hello@qubiator.com or by mail at 3065 Daniels Road, Winter Garden, FL 34787, United States.

Intellectual Property

All content on this site, including text, graphics, logos, games, downloadable resources, product designs, and interactive tools, is owned by qubiator LLC and is protected by applicable intellectual property laws. The qubiator name and logo are trademarks of qubiator LLC.

You may not reproduce, distribute, republish, or commercially exploit any content from this site without our prior written permission.

Interactive Games and Free Content

qubiator.com offers free interactive games and tools, including breed-guessing games, puzzles, and other activities. These features are provided for personal entertainment and educational use only, and you can use them without creating an account or giving us any personal information. You may not scrape, copy, or redistribute game content, images, or mechanics. We reserve the right to modify, pause, or discontinue any free feature at any time without notice.

User-Uploaded Images

Certain tools on this site, including the paint-by-number generator, may allow you to upload photos for personal use. By uploading an image, you represent and warrant that you own the image or have all rights necessary to use it, and that the image does not infringe on the intellectual property, privacy, or other rights of any third party. You are solely responsible for any image you upload. qubiator LLC does not manually review uploaded images and is not responsible for any copyright infringement, rights violations, or other harm arising from your upload.

Outputs generated from your uploaded images are for your personal use only. You may not use them for commercial purposes, resell them, or distribute them publicly.

qubiator LLC reserves the right to suspend or terminate access for any user who misuses this feature.

Products and Purchases

qubiator sells downloadable digital resources, including coloring pages, activity books, and printable materials, as well as physical products including dog toys and related merchandise. Digital products are for personal use only. You may not resell, redistribute, or share them commercially without our written permission.

We accept payment via major credit and debit cards. Payments are processed by Stripe. All transactions are processed securely and all prices are listed in US dollars. Applicable sales tax is calculated at checkout based on your shipping or billing location.

Order Acceptance, Pricing, and Availability

Your order is an offer to buy, and no contract is formed until we accept it. We reserve the right to refuse, limit, or cancel any order for any reason, including limits on quantity purchased per person, per household, or per order. If we cancel an order after payment, we will refund you in full.

We make every effort to describe and price products accurately, but errors happen. If a product is listed with an incorrect price or description, we reserve the right to correct the error and to cancel or refuse any order placed at the incorrect price, even if the order has already been confirmed. If we cancel for this reason, we will notify you and refund you in full.

Shipping and Delivery

We currently ship within the United States only. Shipping timeframes shown at checkout are estimates and are not guaranteed. We are not responsible for carrier delays, weather, or other events outside our control once your order has left us.

If we are unable to ship your order within the timeframe stated at checkout, or within 30 days if no timeframe was stated, we will notify you and give you the choice to consent to the delay or to cancel your order for a full refund. This follows the FTC Mail Order Rule.

You are responsible for providing a complete and accurate shipping address. We are not responsible for orders delivered to an address entered incorrectly, and we cannot reroute a package once it has shipped. Risk of loss and title pass to you when we deliver your order to the carrier.

If your package is confirmed as delivered by the carrier but you have not received it, please contact us within 14 days and we will work with you and the carrier to sort it out. If a package is lost in transit before delivery is confirmed, contact us and we will replace it or refund you.

Digital products, including printable packs, are delivered by email with a secure download link. That link expires 30 days after purchase for security reasons. If your link has expired, contact us and we will do our best to help.

Digital Resources

Digital product sales are final, except in the following situations: you made a duplicate purchase of the same item, or a technical issue prevented you from accessing the product and we cannot provide a working file. Email us within 7 days of purchase with your order number and a description of the issue. Approved refunds will be issued to your original payment method within 5 to 10 business days.

Physical Products

We accept returns within 30 days of delivery if the item is unused, undamaged, and in its original condition and packaging. For health and safety reasons, dog toys that have been given to a dog cannot be returned unless they are defective. Email us within 30 days of delivery with your order number and reason for return. Once approved, we will provide return instructions. Return shipping is your responsibility unless the item was defective or we made an error. Refunds will be issued within 5 to 10 business days of receiving and inspecting your return.

Defective or Misrepresented Products

If you receive a defective product or one that does not match its description, contact us within 30 days of delivery and we will work with you on a replacement, repair, or refund.

Refunds will not be issued for:

• Items returned after the applicable window.
• Items that are damaged, used, or not in original condition, except where defective.
• Custom or personalized items, unless defective.
• Digital products that have been downloaded or accessed, except for the exceptions listed above.

Purchases from Other Retailers

qubiator products may also be sold through third-party marketplaces and retailers, including Amazon. Purchases made through those channels are governed by that retailer's own terms, return policy, and refund policy, not by these Terms. Please contact the retailer directly for anything related to those orders.

Dog Toy Safety and Supervised Play

We build our toys to a high standard and test them accordingly, and we also want to be straightforward with you about how dog toys work. No dog toy is indestructible, and every dog chews differently.

By purchasing or using a qubiator physical product, you acknowledge and agree to the following:

• Supervise play. qubiator toys are intended for supervised play. Do not leave a dog unattended with any toy.
• Choose the right size. You are responsible for selecting a toy appropriate for your dog's size, age, and chewing strength. A toy that is too small for a dog can become a choking hazard.
• Inspect before every use. Check the toy for damage, tears, or missing pieces before each play session.
• Replace when worn. Discard and replace any toy that is damaged or has been chewed down to a size your dog could swallow.
• Not a chew treat. Our toys are not food and are not intended for consumption. If your dog ingests any part of a toy, contact your veterinarian.
• Not for children. qubiator toys are made for dogs, not for children, and are not tested or certified as children's toys.

If you have concerns about your dog's health, chewing behavior, or whether a particular toy is right for your dog, talk to your veterinarian. Nothing on this site is veterinary advice.

To the fullest extent permitted by law, qubiator LLC is not liable for injury, illness, or harm to any animal or person arising from the use, misuse, or failure to supervise the use of our products, or from a failure to follow the guidance above and any instructions or warnings included with the product.

Prohibited Activities

You agree not to use this site to:

• Violate any applicable law or regulation.
• Infringe on the intellectual property rights of qubiator or any third party.
• Transmit harmful or unauthorized content.
• Attempt to gain unauthorized access to any part of the site or its systems.
• Interfere with, disrupt, or place an undue burden on the site or the networks and services connected to it.
• Use the site or its content for any commercial purpose without our written permission.
• Upload any image you do not have the right to use, including copyrighted images, images depicting real people without their consent, or explicit or obscene content.
• Use any tool on this site to process, reproduce, or distribute content that infringes on the rights of any third party.
• Systematically retrieve data, game content, images, or other content from the site to create a collection, compilation, database, or directory without our written permission.
• Engage in any automated use of the system, such as using scripts, bots, or data extraction tools.
• Impersonate another person or misrepresent your affiliation with any person or entity.

Termination

We may suspend or terminate your access to the site, our games, our tools, or any portion of them at any time, with or without notice, if we believe you have violated these Terms or applicable law, or to protect the site, our other visitors, or our business.

If we terminate your access, the provisions of these Terms that by their nature should survive will survive, including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.

Third-Party Links

Our site may contain links to third-party websites. We are not responsible for the content, accuracy, or privacy practices of those sites. Links do not constitute endorsement.

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy at qubiator.com/privacy and our Cookie Policy at qubiator.com/cookie-policy. By using the site, you agree to be bound by our Privacy Policy and Cookie Policy.

Disclaimers and Liability

THIS SITE AND ITS CONTENT ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, QUBIATOR LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

You use this website and any resources or products at your own risk. To the fullest extent permitted by law, qubiator LLC and its owners, officers, and employees shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages resulting from:

• Your use of or reliance on any content, resources, games, tools, or products on this site.
• Any errors, mistakes, or inaccuracies in the content.
• Any action or inaction taken based on information on this site.
• Any unauthorized access to or use of our servers and any personal or financial information stored therein.
• Any interruption or cessation of transmission to or from the site.
• Any injury, illness, or harm to an animal or person arising from the use or misuse of a qubiator product.

OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

Some states do not allow the exclusion of certain warranties or the limitation of certain damages. If those laws apply to you, some or all of the above may not apply, and you may have additional rights.

Indemnification

You agree to defend, indemnify, and hold harmless qubiator LLC and its owners, officers, employees, and agents from and against any claim, loss, damage, liability, or demand, including reasonable attorney's fees and costs, arising out of or related to: your use of the site or our products; any content or image you upload; your breach of these Terms; your violation of any applicable law; or your violation of the rights of any third party.

Dispute Resolution

Please read this section carefully. It affects how disputes between us are resolved and limits your right to bring a claim as part of a class action.

Informal Resolution First

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at hello@qubiator.com and describing the issue. We will do the same. Both parties agree to work in good faith toward a resolution for at least 30 days from the date of that written notice before starting a formal proceeding.

Binding Arbitration

If we cannot resolve a dispute informally, you and qubiator LLC agree that the dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect. You can review those rules and the AAA Consumer Due Process Protocol at adr.org. Arbitration will take place in Orange County, Florida, or at your option by telephone, video conference, or written submission where the AAA rules allow it. The arbitrator will apply the same substantive law that a court would apply, including statutes of limitation. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction. If the AAA filing fees would be cost prohibitive for you, contact us at hello@qubiator.com before filing and we will consider a request to cover them.

Class Action Waiver

You and qubiator LLC agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding.

Exceptions

The following are not subject to informal resolution or arbitration: claims that qualify for small claims court in a jurisdiction where either party may bring them; claims seeking to enforce or protect intellectual property rights; and requests for injunctive or equitable relief.

Opt Out

You have the right to opt out of this arbitration agreement and class action waiver. To do so, email hello@qubiator.com with the subject line "Arbitration Opt Out" within 30 days of the date you first agree to these Terms. Include your name and the email address used for your order so we can match your opt out to your purchase. We will send a confirmation reply within 10 business days. Opting out does not affect any other part of these Terms and does not affect your ability to use the site or purchase products.

If the class action waiver above is found unenforceable as to any claim, that claim will proceed in court rather than in arbitration.

Governing Law and Courts

Any dispute arising out of or related to this site, your use of it, or any products or resources you purchase through it will be governed by the laws of the State of Florida, without regard to conflict of law principles. For any matter not subject to arbitration, you agree that any legal action or proceeding will be brought exclusively in the state or federal courts located in Orange County, Florida, and you consent to the jurisdiction of those courts.

Miscellaneous

These Terms, together with our Privacy Policy and Cookie Policy, are the entire agreement between you and qubiator LLC regarding the site and our products, and they replace any prior agreements on that subject.

If any provision of these Terms is found unlawful, void, or unenforceable, that provision is severable and the remaining provisions stay in full effect. Our failure to enforce any right or provision is not a waiver of that right or provision.

We may assign our rights and obligations under these Terms at any time, including in connection with a merger, acquisition, or sale of assets. You may not assign yours without our written consent.

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, supply chain disruption, carrier failure, labor disputes, or government action.

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us.

Updates to These Terms

We may update these Terms from time to time. When we do, we will update the date at the top of this page. Your continued use of the site after any changes constitutes your acceptance of the updated Terms.

Contact Us

qubiator LLC
3065 Daniels Road #1257
Winter Garden, FL 34787
United States
hello@qubiator.com
qubiator.com