Terms of Use

These terms and conditions (“Terms”) govern the use of the goods and services (collectively referred to as “Services”) offered by Nubespecs, a technology business operating the website nubespecs.com. By accessing or using any part of the Services, you agree to be bound by these Terms, which form a legally binding contract between you (“the User”) and Nubespecs (together, “the Parties”).

The Services provided by Nubespecs encompass a comprehensive suite of solutions designed to facilitate the on-demand reservation of remote personal computer workspaces. This includes, but is not limited to, the use of the Nubespecs website and any associated websites or platforms (collectively, the “Websites”). The Websites serve as portals through which Users can access various features, tools, and resources provided by Nubespecs.

Nubespecs prides itself on operating through a network of third-party providers with data centers and servers physically located within the United States, including but not limited to Atlanta, GA; Hillsboro, OR; Las Vegas, NV; Reno, NV; Houston, TX; Plano, TX; Vint Hill, VA; and internationally in Spain. These providers are meticulously selected to ensure full compliance with the stringent security standards and measures that Nubespecs promises to its customers. This commitment to operational excellence extends to all aspects of service provision, ensuring that Users receive reliable and secure access to the Services.

Our timezone for customer service and support is GMT-4, from 8:00 a.m. to 8:00 p.m., Monday to Friday.

For general assistance and inquiries, please contact us at contact@nubespecs.com.

Nubespecs offers Users the unique ability to access a remote personal computer through flexible payment options, including on-demand payment per hour or subscription-based models. The specific terms of the contract between the customer and Nubespecs will dictate the payment structure. Each remote personal computer provided by Nubespecs is equipped with a Windows operating system—either Windows 10 Pro or Windows Server 2022—subject to license availability. These computers emulate the functionality of a standard PC, allowing Users to utilize preinstalled software, install personal software applications, and store data and content securely. The stored information remains accessible each time the User connects to the device.

The operating system of this computer is Windows 10 Pro or Windows Server 2022, determined by the availability of licenses.

Users can access Nubespecs through various devices (computers, tablets, mobile phones, smart TVs) from different services and providers of remote desktops for computers and mobile devices.

To utilize the Services provided by Nubespecs, Users must maintain a stable internet connection, preferably through a fiber optic network or a 5G Wi-Fi connection. The User is solely responsible for ensuring the proper functioning of their internet connection, the correct configuration of their devices, and all costs associated with their internet service.

 

01.

Definitions

  • Account and Identity Validation Team: refers to our dedicated group of professionals tasked with ensuring the security of user accounts and the prevention of information falsification. This team is committed to maintaining the integrity and protection of data provided by users, offering transparency regarding the data we store about them. It upholds the security and codes of good conduct for all our users, provides access to our services for minors, and manages the authorization of access for these individuals in coordination with their legal guardians and parents.
  • Client: Person or entity acquiring or using Nubespecs’ services through an agreement or contract.
  • Compatible peripherals: Refers to devices that can be remotely connected to the Virtual Workstation, including but not limited to: mouse, keyboard, controllers or joysticks, graphic tablets, among others.
  • Cookies: Refers to small text files stored on a user’s device that are used to enhance the user experience on Nubespecs websites. Cookies may store user preferences, session information, and other data to improve website functionality and personalize the user experience.
  • Modified Terms: Any changes or modifications to the terms and conditions made by Nubespecs, which will apply to existing users after proper notification.
  • Nubespecs: Refers to the brand name and the business, used to denote our brand and company in this document and any other section of the website.
  • Our email address: Refers to our primary, official, and authorized email addresses that will be recognized within this Terms document and any other section or instance pertaining to our services and platform. Our sole authorized email addresses are contact@nubespecs.com for general information and communications, sales@nubespecs.com for communications related to sales, transactions, payments, refunds, pending operations, and all payment-related matters, and support@nubespecs.com for exclusive communications related to support for the use of our platform, learning to use our website and services, or any user support-related inquiries.
  • Privacy Policy: Nubespecs’ practices and policies regarding the collection, use, and disclosure of users’ personal data.
  • Remote personal computer (or Remote desktop): Refers to a virtual computing environment that can be provided by third parties, which allows users to access a fully functional computer remotely, including preinstalled software and the ability to install additional software, store data, and connect compatible peripherals.
  • Services: The products and services provided by Nubespecs, including Virtual Workstation.
  • Software: Any program or application provided by Nubespecs or third parties as part of its services.
  • Third-party provider: refers to any individual, business entity, distributor, supplier, data center, security center, server, product, or service that is not directly part of Nubespecs but with whom we maintain commercial relationships and authorize to participate in the provision of our services to our clients. These third-party providers are integral to our operations, extending our capabilities and enhancing our service offerings, ensuring that our clients receive the highest quality of service facilitated through these collaborative efforts.
  • Trial Period: Period of time during which a user can test Nubespecs’ services for free or at a reduced cost before committing to a payment plan.
  • Unauthorized Access: Attempt or action to use Nubespecs’ services without proper authorization or fraudulently.
  • User: Any individual or entity using the Services or Websites provided by Nubespecs.
  • Virtual Workspace: Refers to virtual instances constructed using real hardware designated for this purpose, allowing users to access their contracted remote workspaces. These workspaces operate using the chosen operating system and the software installed by the user.

02.

Acceptance of Terms

Before processing the payment, we notify users of our terms and conditions via email, which is sent along with the service receipt and details from our official email address, sales@nubespecs.com.

Upon completion of the payment process and initiation of service provision, it is mutually understood and agreed by both parties—the client who engages the service and Nubespecs—that they have thoroughly read, comprehended, and consented to all stipulations outlined within our terms and conditions. Acceptance of these terms is implicitly confirmed by the client’s action of remitting payment in exchange for receiving our services through mutually agreed-upon methods. This period of engagement commences at the point of payment and continues throughout the duration of service provision as per the established agreement.

Please note that sales@nubespecs.com is the only official email for sending our sales notes, pricing details, and payment requests to clients. It is the responsibility of the client to avoid scams and not accept charges or sales notes from other email addresses or sources by third parties.

Users can cancel the contract of our services by not making the payment indicated, for more than 24 hours after its generation. In this way, the service is automatically canceled, and the user is not required to provide an explanation for the non-payment. However, once the payment is made, the service is considered active, and the user can cancel it at any time during the contracted period, but the service will remain active until the end of the paid period.

To re-contract, a new service note must be generated, and we cannot guarantee that the same prices and conditions will be maintained.

If a user wishes to cancel the contract after contracting with Nubespecs, they may do so. However, the user will continue to enjoy the contracted period until it expires, and no refund will be offered unless the conditions established in the Refund Policy section are met.

03.

Changes to Terms and Conditions

Nubespecs reserves the right to make changes to the terms and conditions document. Any changes will be notified to all our active clients within 72 hours of the changes. Notifications of these changes will be sent via email to the registered email address used for the service registration and contracting from our main email address, contact@nubespecs.com.

Clients may accept or reject the new policy. Clients who already have services contracted with Nubespecs can cancel the service by sending a request via email explicitly stating that they waive the new Terms and Conditions to our main email address. Additionally, they can reject the new terms and conditions by not making the payment for the service renewal within the minimum time established as detailed in the Acceptance of Terms section.

For clients who choose to cancel the services, they will continue to enjoy the contracted services within the originally established period at the time of contracting. The contracted period will only terminate once the specified time in the agreement has been fulfilled.

Changes in policies and terms and conditions are not considered a valid reason for offering a refund to the client. If a client waives the services contracted with Nubespecs, they will continue to have access to the contracted services for the contracted time or period. Only once the contracted period has expired will access to the services be revoked, and any billing corresponding to the service will be stopped.

Nubespecs reserves the right to change parts of the document deemed necessary according to our criteria and that of our legal advisors to comply with laws and protect us publicly as well as to protect our clients and providers.

Future users who contract the service after the date of the changes will be subject to the new terms and conditions.

04.

Capacity and Documentation

By using Nubespecs, you confirm that you are at least 18 years old and legally authorized to enter into a contract, or that you have obtained the necessary consent from your parent or legal guardian. This authorization must be sent by the parents or legal representatives of the minor to our email address contact@nubespecs.com. Approval by our Account and Identity Validation Team is required.

The authorization must include the name and surname of the representative, the relationship with the minor, and a message indicating that the person is the representative and is responsible for the actions of the minor, and that this person has read and accepted these Terms and Conditions, as well as our Privacy Policy.

Additionally, users must be authorized by their government to access the internet and must be legally authorized to use payment instruments.

However, it is particularly crucial and necessary that users be authorized by the United States government and relevant authorities if they are accessing an internet connection located within the territory of the United States. Similarly, if a user is connecting from our servers and data centers located in Europe, they must be authorized to connect to a network within the European Union without exception.

Therefore, while it is important for users to have authorization from their country of origin, it is especially critical that they are authorized to connect to a network in the specific country from which they are remotely accessing the internet using our servers and data centers. This requirement takes precedence over any previously mentioned conditions on this matter.

Access is not permitted to persons who have previously been rejected by our Account and Identity Validation Team or who have previously breached the terms and conditions established here or in the resolution of a dispute where Nubespecs cannot continue offering services to the user.

Access to services will also be indefinitely denied to those who have impersonated an identity or shared false data for their registration as clients.

For legal and security purposes, Nubespecs reserves the right to request proof of identity from users. This measure is taken to ensure the safety and security of our platform and users.

Nubespecs may request that you provide a copy of your valid identification or any other proof of identity to verify your legal capacity to enter into a contract before or during your subscription. You will be informed of the time frame within which you must submit any requested documents to Nubespecs.

05.

Billing and Online Payments

The price of the services will be communicated to the user from our official sales email address, sales@nubespecs.com, before the user formalizes the payment, and there will be no hidden charges to the users.

Users should be aware that depending on their chosen payment method, additional taxes and fees may be applied by their payment provider, which Nubespecs is not responsible for.

All communications with clients related to sales, issuance of sales receipts, pricing, and payment requests will be sent exclusively and without exception from the email sales@nubespecs.com.

The payment amount must be paid by the user before using the service. The user can complete the payment for the service by Debit or Credit Card, as well as through payments from the PayPal platform, transfers from the Zelle platform, and direct transfers from the Binance platform.

In all cases, payments will be made in the equivalent in dollars of the amount in the user’s local currency or directly in dollars (USDT for Binance), unless a third-party provider can receive the payment in the user’s local currency and send it to our official accounts in USD. If such a provider does not exist, the client must make the payment directly in US dollars (USD) without exception, as this is the official currency established by Nubespecs for payments and refunds.

Nubespecs and the third-party providers we work with accept most major debit and credit cards, provided they are enabled and the user is properly authorized to use such payment methods. Users must have the permissions and access credentials to use their PayPal account for payments.

By providing their credit card information, the User authorizes Nubespecs to charge their credit card for the price of the subscribed Service.

The User confirms that they are the holder of the credit card to be charged and that their name appears on the credit card.

Nubespecs does not collect or store credit card information directly, but instead uses third-party payment processors such as PayPal, or Stripe, who securely store and process this information for future payments. Additionally, we process subscription payments and other membership benefits through the Patreon, Inc. monetization platform, and Gumroad, Inc.

Users will be duly notified before processing any payment and redirected to our official monetization platform at https://www.patreon.com/nubespecs/ or https://nubespecs.gumroad.com/.

In some cases and for certain regions, Nubespecs may use third-party services to process payments securely and promptly, but only for payments that are not made by credit or debit card. It should be clarified that in these cases, the user will be duly informed before making the payment that it will be processed through the services of a third-party provider not directly related to Nubespecs.

If a client’s payment must be processed through a third-party provider, the client will be notified before payment, and they may accept or decline to make the payment through the shared method, provided that the conditions established in the Acceptance of Terms section are met.

The User is responsible for ensuring that the credit or debit card used for payments is valid, that the terms of use applicable to the card allow for the charges of the payments for the Services, and that there are sufficient funds in the bank account to cover them.

If the issuing company of the credit card used by the User rejects any payment, the User must also contact their payment method’s support team to resolve the issue before being able to contract our services.

We reserve the right to maintain or modify the prices and terms offered at any time while the user resolves the issue with their bank.

06.

Refund Policy

Users can request a refund from Nubespecs only in the following cases:

  1. Transfer by mistake: If the user transferred funds by mistake to any of Nubespecs’ accounts and has the payment receipts showing the transfer reference number, destination account, and amount to prove it, they must contact Nubespecs within 90 days. Failure to do so may result in the unavailability of the funds. After contacting Nubespecs, they must explicitly request a refund due to the mistaken transfer and provide the necessary payment receipts. The refund process may take up to 7 business days, excluding any delay caused by their payment instrument showing the funds available in their account. We are not responsible for delays in the refund due to issues with their accounts or payment instruments.
  2. Refund before service start: Users can request a refund of their payment at any time before starting to use the service. This request must be made before Nubespecs reserves the Virtual Workspace and configures the customized software. If the user and Nubespecs have mutually agreed to reserve the Virtual Workspace for a specified period, and this period starts and Nubespecs shares with the user the remote access details, it is understood that both parties accept that the service has started, and Nubespecs will not offer a refund for the amount paid for the service.
  3. Agreement for trial period: If the user and Nubespecs agree to a trial period, both parties will agree on the conditions or expectations of the service under which the refund will be granted. This agreement will be recorded for future reference. Requests for a trial period can be made through the Nubespecs website or by directly contacting contact@nubespecs.com. The refund conditions will also be explicitly agreed upon in the email messages.

Nubespecs will not offer refunds for issues related to the user’s internet connection or issues with their ISP. Additionally, refunds are not offered for special functions of the software included with the Virtual Workspace, which may be blocked for security reasons, the integrity of our registration accounts, validation, and licenses, as well as the protection of the user using their Virtual Workspace.

For more details and conditions, please refer to the Software Rights section.

Refunds are processed through our payment management providers or electronic wallets. Nubespecs reserves the right to refund the amount paid only in US dollars (USD) and from payment methods in which we have availability to make such refund.

07.

Software Rights

Each Virtual Workspace comes with pre-installed software for various purposes, including operating systems, security management, design, engineering applications, digital video games, virtualization, and IT resource management applications, remote access software including Remote Desktop Protocol (RDP), as well as web browsers, among others.

The availability of our proprietary software is subject to availability and our ability to acquire new licenses for the user’s session.

We reserve the right to allow or deny access to certain software based on our capacity and availability to deliver such software to a particular user or region.

Users will be notified in advance of the availability of the software for their Virtual Workspace before making payment and accessing the service.

We also reserve the right to allow or deny full or partial access to the folders and files of an application. Additionally, the installation of new software owned by us or the transfer of such software between instances with different hardware may not always be possible.

Some software is directly linked to the unique operating system enabled for the user or to the hardware, whether physical or virtualized, for licensing validation and authentication purposes. Therefore, there may be instances where the user cannot request the installation of new software owned by us in their Virtual Workspace, even if copies or licenses are available. In such cases, it may be necessary to create a new configuration from scratch to add the software requested by the user.

The Software is licensed and acquired by us from authorized providers and resellers, and it is not for sale. Our service does not include the sale or rental of software acquired by us at any stage of the service provision process; rather, we are authorizing users to access and use the software acquired by us for their necessary purposes, with any limitations that may apply to each case.

The User is granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license for the Software, for private and non-commercial use worldwide, on terminals and devices owned or duly authorized by the User. This license is solely for enabling access to the Services and specific functions for different work and entertainment purposes that the user may require.

The license does not grant the right to install, reinstall, modify, reverse engineer, contact software developers pretending to be Nubespecs, attempt to force unauthorized functions for their session, access the private data with which Nubespecs registers and validates, or attempt to hack, crack, or activate with another license not acquired by Nubespecs.

Any of these actions may result in service cancellation and denial of future access.

Nubespecs or the third-party rights holders reserve all rights to the Software that have not been expressly granted under these Conditions. The User is not authorized to circumvent or avoid technological protection measures included in or related to the Software; disassemble, decompile, decrypt, unlawfully penetrate, copy, use, or reconstruct the Software’s logic; separate the Software components for use on different devices; publish, copy, transfer, rent, sell, export, import, distribute, or lend the Software; transfer the Software, Software Licenses, or any other access or use rights of the Software; and make unauthorized use of the Software in a way that may interfere with third parties’ use of the Services.

Users can install their own software provided they have the necessary licenses and permissions to do so. However, it is strictly prohibited to install unauthorized software in the United States territory, including but not limited to software protected by copyright that is modified, infected with malware, cracked, activated illegally, which includes but is not limited to key generators or keygen, emulators, and copies of games (ROM).

The use of any software to run or emulate products of Nintendo Co., Ltd. is also prohibited.

We are open to providing technical support to users for the installation of their duly licensed and authorized software.

Nubespecs reserves the right to allow full use of our software to users and may take action to partially limit or control certain features, including but not limited to:

  • Internet access through the application: We reserve the right to allow or deny the application’s connection to the internet for certain regions and users, to protect the integrity of the applications, licenses, and data, preventing unauthorized access, unscheduled updates that may cause compatibility issues, and access to sensitive data from our application records. It should be specified that in cases where internet access has been limited for a particular application or service, the user can still use internet browsing on other authorized websites.
  • Blocking of unwanted sites from browsers and other applications with internet access: We reserve the right to block access to unwanted websites that may cause issues with our internet providers or other instances and authorities. These sites may include but are not limited to adult content websites, websites containing content that may be considered extremist and dangerous to the security of the United States, websites prohibited or limited within the territory of the United States, piracy websites, or websites where Torrent downloads, files, databases, and any form of access to modified software files that may infringe copyright laws are accessible. It is important to note that this does not imply that Nubespecs has access to users’ private sessions, nor does it monitor or record the private histories and searches performed by users. All access control to information through the internet occurs through third parties such as Cloudfare, which provide us with the ability to modify our standards for controlling access to unauthorized sites, for the protection of both the user and Nubespecs.
  • Functions requiring internet in games and multiplayer functions: We reserve the right to allow or deny access of certain games to functions that require an internet connection, including but not limited to joining online games, accessing online chat, public or private game servers, entering a game’s store or marketplace, and other functions that require internet access within a game. This is to protect the user and us from possible scams, as well as due to our inability to access user sessions to record their behavior and actions on the internet and other public sites with games and other software acquired by Nubespecs.
  • Special features: We reserve the right to limit or allow certain application features for certain regions and users, to control the use of resources of the Virtual Workspace, and to control access to the personal data of the accounts managed by Nubespecs for the enablement of these types of applications. It should also be specified that the user can enable certain special functions and other advanced functions by acquiring a valid license for the software in question and using it in our Virtual Workspace.
  • Personal user account access: We reserve the right to authorize or deny users to enter their personal data in software acquired by us, including but not limited to: emails, usernames, personal passwords, user-owned licenses, and others. This applies to certain applications and in certain regions under Nubespecs jurisdiction and for certain users, to protect our personal registration data and the modification of our usage licenses. It is important to mention that for users who make very prolonged use of our services, it may be necessary for them to allow us to take actions to keep the licenses of our software active, since some software may require connecting to the internet for license verification purposes, every so often. In these cases, we will notify users in advance.
  • Group work management: We reserve the right to limit access to group work management functions and account management for certain regions and under certain conditions, to prevent access to the private registration data used by Nubespecs to enable and validate each software.
  • Functions that track and monitor actions: We reserve the right to limit access to functions that track and monitor actions that are then sent to third-party servers, both to prevent unwanted data collection and to prevent personal data from being collected from users who use the Virtual Workspace.
  • Access Limitation to Specific Files and Folders of the Software: We reserve the right to allow or deny access to certain files and folders of the software, authorizing it only for system administrator users managed by Nubespecs. This is to prevent potential modifications, deletion of files or folders, and viewing of confidential information. This measure aims to protect both Nubespecs and the user by maintaining control over confidential registration data and preventing unauthorized modifications that could compromise the normal operation of the software, lead to system failures, or result in security breaches.

Users will be notified of these terms and conditions, including this Software Rights clause, before subscribing to our services.

It is their responsibility to read and accept the terms and conditions.

While Nubespecs may inform the user of limitations that may apply to our software, Nubespecs is not obligated to describe all the points outlined in this software usage clause.

In case of no access or limited access, this decision will not be subject to review for status modification.

The only way a user can release unlimited access and control without limitations to a particular application is by purchasing or owning a license or copy acquired by legal means for the use of this software in our Virtual Workspace. Otherwise, the user would automatically be subject to our software usage terms and, in the event that it applies to them, the inability to access any of the aforementioned functions for the software we allow them to use, which would not be grounds for a refund.

While we make every effort to maintain active licenses, some licenses may require network access or validation through specific software. Any disruptions in internet connectivity or software errors may hinder the validation process, necessitating manual verification by our administrators. Although such occurrences are infrequent, it is crucial for users to be aware of these potential situations.

For security and privacy reasons, we are unable to access user sessions to verify license status and software authentication. Therefore, it is imperative that the user keeps us informed of any issues regarding this matter.

08.

User Guidelines

At Nubespecs, we value responsible and reasonable use of our services, including open posting areas such as forums and help centers.

Access to a remote personal computer through Nubespecs is a right reserved exclusively for the User, for personal and private use, excluding any commercial activity.

Misuse of the Services, or assisting a third party in doing so, is prohibited.

Specifically, when using the Services, the User is prohibited from:

  • Users are strictly prohibited from engaging in any form of cryptocurrency mining, trading, or investment using our services. This includes both direct and indirect mining activities. Additionally, users must not access any platforms related to cryptocurrencies, such as exchanges or NFT platforms. Access to Binance or similar exchanges is strictly forbidden. Money laundering, gambling with cryptocurrencies, and promoting illegal activities related to cryptocurrencies are also not allowed.
  • Violating any applicable laws or regulations, such as storing, publishing, or sharing fraudulent, defamatory, or deceptive content, or content that incites crimes and offenses, racial hatred, or suicide, justifies crimes against humanity, or contains child pornography, or any violent or pornographic content that may be accessed by minors.
  • Infringing on personal privacy or the rights of third parties, such as by disseminating data, images, or sounds that may be defamatory, offensive, derogatory, or that may infringe on personal privacy, the right to personal representation, moral principles, or public order, or by disseminating material and immaterial goods protected by intellectual, literary, artistic, or industrial property rights that may be counterfeit.
  • Hacking or attempting to hack third-party computer systems, hosting aggressive botnet-type services, spreading viruses, worms, spyware, time bombs, attacks (such as DDoS, DoS, scanning, spam, brute force, etc.), or other computer programs with the purpose or effect of restricting, damaging, or altering the proper functioning of all hardware or software.
  • Probing, scanning, or testing the vulnerability of any computer system or network (e.g., performing “pentesting” tests) without following an authorized vulnerability detection and bug-finding program (known as “Bug Bounty”) expressly authorized by Nubespecs.
  • Violating, bypassing, or forcing, in any way, any security or authentication measures.
  • Accessing, using, or modifying non-public areas or parts, or shared areas or parts, of any computer system or network, or any service, including the Services, to which the User is not invited to access.
  • Disrupting or interrupting a third party’s or another User’s access, a host’s or a network’s access, including, among other forms, sending a virus, overloading, data flooding, sending spam, or sending a large number of emails or requests, to any part of the Services or any part of third-party services.
  • Accessing or attempting to access accounts that provide access to the Services other than the User’s account, taking actions on them, or creating them by means other than our public interfaces provided for this purpose (e.g., mass account creation or application of techniques known as “scraping”).
  • Sending unwanted messages, promotions, or advertising, or spam, or modified, misleading, or false source identification information, including by means of identity theft techniques or phishing, and in general, taking the identity of any other person.
  • Reselling the Services in any form, or more generally, without the prior authorization of Nubespecs, using the remote computer provided by Nubespecs for commercial services, or in such a way that the purpose or effect is to make all or part of the Services available to third parties, for payment or free of charge, or even using Nubespecs as a server or with Software that functions as a server.
  • Obstructing or attempting to obstruct, in any way, the proper functioning of the Services, and in particular, disabling, altering, infringing, or bypassing, or attempting to disable, alter, or bypass, in any way, any device or feature of the Services, in particular, any security or authentication feature, access restriction, storage limit, or any waiting or closing mechanism.
  • Providing Nubespecs with false or inaccurate information.
  • Accessing, modifying, or using non-public areas of the Services or common areas of the Services to which you are asked not to access.
  • Printing, copying, or reverse-engineering any code or hardware from Nubespecs, including the Software, or more generally, taking any action that may be harmful to Nubespecs.
  • Probing, scanning, or testing the vulnerability of any system or network.
  • Users are strictly prohibited from installing, distributing, or using any pirated software, cracks, keygens, or malware designed to hack, pirate, or compromise the security of any software or system.
  • Installation of any software created by Nintendo Co., Ltd. is strictly prohibited, as well as downloading any files owned by Nintendo Co., Ltd., including but not limited solely to game ROMs and copies in any file format of any game that is owned or partially utilizes any piece designed and distributed by Nintendo Co., Ltd., without exception.
  • Users are strictly prohibited from using Nubespecs’ service for any activity that could be considered illegal or not permitted by the government and authorities of the United States.
  • Users are also prohibited from attempting to force any functions that may be blocked according to the conditions specified in the Software Rights section.

The above list is not exhaustive but merely indicative.

The laws and regulations applicable under these Conditions, as well as the laws and regulations applicable in the User’s country of habitual residence who has subscribed to the Services, shall apply for these purposes.

Nubespecs reserves the right to suspend or cancel all use of the Services that may hinder the proper functioning of Nubespecs’ hardware or the general operation of the Services, or in case of use of the Services contrary to the Code of Conduct.

Nubespecs also reserves the right to monitor, modify, and/or delete any content posted on the Websites and in open posting areas, such as forums or the help center.

09.

Data Protection Policy

This section provides a brief summary of our privacy policies. For detailed information, please refer to our full Privacy Policy.

i. Identification of the Data Controller:

ii. Purpose of Data Processing: Personal data is collected and used for the following purposes:

  • Account creation and user registration.
  • Service billing, payment processing, and providing access to the internet.
  • Providing full remote access to the Virtual Workspace.
  • Providing training and technical support.

iii. Types of Data Collected: We collect the following types of personal data:

  • First name and last name
  • Email address
  • Location
  • Public IP address
  • Copy of identification document (for identity verification if applicable)
  • Payment method name
  • Country of access

iv. Consent: By using our services, users explicitly consent to the collection and processing of their personal data as described in this policy.

v. User Rights: Users have the following rights regarding their personal data:

  • Right to access: Users can request access to their personal data.
  • Right to rectification: Users can request the correction of their personal data.
  • Right to erasure: Users can request the deletion of their personal data.
  • Right to restrict processing: Users can request the restriction of processing of their personal data.
  • Right to data portability: Users can request the transfer of their personal data to another controller.
  • Right to object: Users can object to the processing of their personal data.

vi. Data Security: We take extensive measures to protect your personal data, including:

  • Encrypting databases where information is stored.
  • Implementing password protection and firewall limitations on access to database management.
  • Regularly updating security measures to protect against unauthorized access.
  • Encrypting sensitive data during transmission and storage on our servers.
  • Restricting access to personal information only to employees who need to know that information to provide you with services or support.
  • Utilizing SSAE-16-certified Tier 4+ and Tier 5 data centers, which are located in different geographic areas to ensure continuous service in the event of a data center failure. These data centers prioritize physical, server, and data security, employing 24×7 CCTV surveillance, on-site security personnel, and controlled access.
  • Implementing continuous monitoring to detect and prevent any suspicious activity.
  • Conducting regular security audits to assess and improve our security practices.

Our use of these highly secure data centers reflects our commitment to ensuring the utmost security for your data.

vii. International Data Transfers: Personal data may be transferred to the following third-party providers based in the United States and other countries:

  • Google LLC
  • SWITCH, LTD
  • reCAPTCHA Inc. by Google LLC
  • Verpex hosting LTD.
  • cPanel, L.L.C.
  • WordPress by Automattic Inc.
  • WooCommerce by Automattic Inc.
  • Ahrefs Pte. Ltd.
  • Contact Form 7 by Rock Lobster, LLC.
  • Gumroad, Inc.
  • Patreon, Inc.
  • Cloudflare, Inc.

Your data will never be transferred to these third-party providers unless you access their websites through our portal. In this case, you accept that you do so at your own risk, and you are aware of these websites and their purposes. Furthermore, you release Nubespecs from any liability for your actions on these sites.

  • PayPal, Inc.
  • Stripe Inc.
  • Facebook by Meta Platforms, Inc.
  • WhatsApp Messenger by Meta Platforms, Inc.
  • X Corp. (Twitter)
  • Tik Tok by ByteDance Ltd.
  • LinkedIn Corporation (LinkedIn), a subsidiary of Microsoft Corporation.
  • NVIDIA Corp.
  • OpenStack Foundation

viii. Cookie Policy: We use cookies to improve the user experience. By using our services, users consent to the use of cookies as described in our Cookie Policy.

ix. Third-party Links: Our website may contain links to third-party websites. Users should be aware that our privacy policy does not apply to these third-party sites.

x. Changes to the Privacy Policy: We reserve the right to update or change this Privacy Policy at any time. Any changes will be effective immediately upon posting the revised policy on our website.

xi. Compliance with Regional Legislation:

  • European Union: We comply with the General Data Protection Regulation (GDPR).
  • United States: We comply with the Children’s Online Privacy Protection Act (COPPA) and the California Consumer Privacy Act (CCPA).
  • South America: We comply with the legislation of each country, such as the General Data Protection Law (LGPD) in Brazil.

10.

Termination of Service

Nubespecs reserves the right to terminate service under the following conditions:

  • User Request: Users may request to terminate their service at any time. Refunds, if applicable, will be governed by our Refund Policy.
  • Violation of Terms: If a user violates any of the terms outlined in this agreement, Nubespecs may, at its discretion, suspend or terminate the user’s service without prior notice.
  • Non-Payment: Failure to pay for services may result in the suspension or termination of service.
  • Force Majeure: Nubespecs may suspend or terminate service in cases of force majeure, including but not limited to natural disasters, acts of terrorism, war, government actions, and other unforeseen circumstances beyond our control.
  • Misuse of Services: If a user is found to be misusing our services, including but not limited to violating our User Guidelines, Nubespecs may suspend or terminate their service.
  • Illegal Activities: If a user is found to be engaging in illegal activities while using our services, Nubespecs reserves the right to suspend or terminate their service and cooperate with law enforcement authorities as necessary. This includes, but is not limited to, piracy, deploying software to crack or compromise systems, including professional software and video games, and accessing websites prohibited in the United States.
  • Notice of Termination: In most cases, Nubespecs will provide users with notice of termination and the reason for termination, unless immediate termination is necessary due to a violation of our terms.
  • Effect of Termination: Upon termination of service, users will no longer have access to their Virtual Workspace or any data stored on Nubespecs’ servers. It is the user’s responsibility to backup any necessary data before termination of service.

11.

Indemnification

You agree to defend, indemnify, and hold harmless Nubespecs, its subsidiaries, affiliated companies, officers, employees, directors, contractors, and agents from and against any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with (a) your use of Nubespecs services, (b) your violation of these Terms, (c) your violation of any law or the rights of any third party, (d) any content you submit or transmit through Nubespecs, or (e) your interaction with other users.

Nubespecs reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Nubespecs in asserting any available defenses.

We will cooperate with law enforcement authorities as required by law in any investigation of alleged illegal activity regarding the use of Nubespecs.

We may share all information related to your account and your use of Nubespecs with law enforcement authorities as required by law.

12.

Jurisdiction and Applicable Law

This Agreement and any dispute or claim arising out of or in connection with it, its subject matter, or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Georgia, United States of America.

Any dispute arising under or in connection with this Agreement shall be resolved exclusively in the state or federal courts located in Georgia, and the parties hereby submit to the personal jurisdiction of such courts.

i. Online Dispute Resolution (ODR)

Nubespecs adopts Online Dispute Resolution (ODR) as a preferred method for resolving conflicts efficiently and effectively. To access the ODR platform, parties must follow the procedure outlined on our website. The ODR rules will be provided at the initiation of the process and will ensure the impartiality and competence of the mediators or arbitrators involved.

ii. Alternative Dispute Resolution Mechanisms

Should the parties wish to employ an alternative dispute resolution mechanism, they must agree to it in writing. Nubespecs will provide a standard procedure for invoking these alternative mechanisms, which may include mediation, arbitration, negotiation, conciliation, and litigation.

iii. Relations with Third Parties

Disputes involving third-party providers will be handled in accordance with the specific terms and contracts established with such providers. These terms will not affect the dispute resolution processes applicable to our clients, who are the primary beneficiaries of this document.

iv. Consent to Jurisdiction

By using Nubespecs’ services, you agree that any dispute arising in connection with the services provided will be resolved in the courts of the State of Georgia, and you waive any objections to such jurisdiction or to those courts being an inconvenient forum.

13.

Security and Data Protection

Nubespecs is committed to ensuring the security and protection of your information.

Our Virtual Workstations operate within a network of servers located in various locations, chosen at the discretion of our system and IT representatives. The hardware instances of each data center are managed using Openstack, which allows us to manage our private and secure cloud.

Through the implementation of authentication and authorization measures, we verify the identity, location, and network security of users accessing each Virtual Workspace. We employ data encryption both at rest and in transit to protect confidential information, and we use isolated virtual networks among other measures.

While we strive to maintain private and secure sessions, they are not exempt from potential hacking and vulnerabilities if users do not take basic security measures into account on their devices and local networks.

We cannot guarantee the privacy and security of users if they have malware on their devices, are being tracked, have hacked or illegally activated software, download content from piracy sites, or browse sites that can open windows on their devices and compromise their security.

Nubespecs is not responsible for potential breaches and privacy violations that the user may face due to misuse of their device and internet connection network.

We can, however, guarantee the security of data and files stored by users on our Virtual Workspaces, provided that these are running one of the operating systems included in our Virtual Workspaces and only the operating systems pre-installed by our team before the user gains access.

Our support team can provide more information on how to enhance security while working with our Virtual Workspaces.

14.

Limitations on Support for User-Installed Operating Systems

While we do not encourage our users to install their own operating systems on our Virtual Workspaces, it is possible for them to do so. However, just as with any software that is owned by them and installed on our Virtual Workspaces, operating systems installed by them are also their responsibility. It is up to them to ensure that these systems remain in correct operation and meet all security and privacy parameters. Otherwise, we cannot be held responsible for their security and privacy.

This is also due o the fact that we cannot access their private sessions, or we can only do so through processes that generate additional costs for us. For this reason, these processes are exclusively reserved for responding to legal requests and complying with the laws and legal statutes of the United States, including the state of Georgia. In these particular cases, all information will be managed privately and encrypted by specialists from our IT team. Therefore, even under these circumstances, we will not have access to their personal information installed on our Virtual Workspaces and, consequently, we will not be able to provide support in any way for operating systems installed by the user.

15.

Miscellaneous

These Terms, along with any other agreements, documents, or policies incorporated by reference herein, constitute the entire agreement between you and us regarding the use of the services.

These Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms.

You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained in these Terms to induce you to enter into this agreement.

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

If any provision of these Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

To the extent allowed by law, the English language version of these Terms is binding, and any translations are provided for convenience only.

These Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with Nubespecs’ prior written consent but may be assigned or transferred by us without restriction.

Any attempted assignment by you shall violate these Terms and be void.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

As used in these Terms, the word “including” means “including but not limited to.”

These Terms do not and are not intended to confer any rights or remedies on any person or entity other than the parties.

Possible evidence of use of the Services for illegal purposes will be provided to law enforcement authorities.

These Terms are drafted in English. If there is a translation, only the English version shall be contractually binding. This document was last edited in November 2022.