Agreement

Terms and Conditions

1 Introduction

Welcome to CubedAI OÜ ("Company," "we," "our," "us"). These Terms and Conditions ("Terms") govern your use of our platform and associated services ("Service"), including our website and any applications or products we offer. By accessing or using our platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must stop using the Service immediately.


2 Definitions

2.1 Customer Any individual or entity that subscribes to or uses the Service.

2.2 Service The software platform provided by CubedAI OÜ, including all related features, functionalities, websites, APIs, and content.

2.3 Credits Pre-purchased units added to a Customer’s account for consumption of the Service.

2.4 Consumption The usage of the Service, which deducts credits from the Customer's account based on usage metrics (e.g., instances used).


3 Account Registration

To access the Service, you must register an account by providing accurate and complete information. You are responsible for safeguarding your account credentials and for all activities under your account.


4 Credit-Based Consumption Model

4.1 Credits Customers must purchase credits to use the Service. Credits are pre-purchased using a credit card and are then available for consumption on the platform. Credits will be deducted based on the number of instances or usage metrics as defined by the platform.

4.2 No Refunds All credit purchases are final, and no refunds will be issued for any unused credits.

4.3 Low Balance and Account Suspension If your account runs out of credits, access to the instances will be suspended until additional credits are purchased, and your current deployments will be paused.

4.4 Pricing and Billing Changes We reserve the right to modify the pricing or billing structure of the Service at any time. If we make changes to the pricing, we will provide you with reasonable notice before such changes take effect. Your continued use of the Service after the changes are implemented constitutes your acceptance of the updated pricing and billing terms. If you do not agree to the updated terms, you may choose to stop using the Service by terminating your account.


5 Use of the Service

You are granted a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes in accordance with these Terms.

5.1 Prohibited Use You agree not to:

  • Reverse-engineer, decompile, or disassemble the Service.
  • Use the Service for illegal activities or purposes.
  • Share or sublicense your access credentials.

6 Intellectual Property

The Service, including all code, designs, text, graphics, and logos, is the intellectual property of CubedAI OÜ and is protected by applicable copyright and trademark laws. You are not granted any rights or ownership of the Service other than the right to use it under these Terms.


7 Data Privacy and Security

We take your privacy seriously. Please refer to our www.cubedai.com/privacy-policy for details on how we collect, use, and protect your personal information. Our Service is compliant with the General Data Protection Regulation (GDPR) for customers in the European Union and will comply with relevant privacy laws when operating in other jurisdictions, including the United States, such as the California Consumer Privacy Act (CCPA).


8 Customer Data

8.1 Ownership You retain all rights and ownership to the data you input or process through the Service ("Customer Data").

8.2 License to Use By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process Customer Data for the purpose of providing the Service.

8.3 Data Security We will implement appropriate technical and organizational measures to secure your Customer Data in accordance with industry standards. However, we are not responsible for any unauthorized access to or use of Customer Data unless due to our negligence.

8.4 Future Data Privacy Adjustments As data protection laws evolve, we may need to update our data handling and privacy practices. We will notify you of any significant changes to how we collect, store, and process your personal data. Your continued use of the Service after such changes will constitute acceptance of those changes.


9 Service Availability and Uptime

We strive to provide a reliable service, but we do not guarantee that the Service will be available 100% of the time. We are not liable for any downtime caused by maintenance, updates, or factors beyond our control.


10 Termination and Suspension

10.1 Termination by Customer You may terminate your account at any time by following the procedures outlined in your account settings. No refunds will be provided for unused credits or partial months of service.

10.2 Termination by Us We may terminate or suspend your access to the Service if you violate these Terms, exhaust your credits and fail to purchase additional credits, or if we are required to do so by law.

10.3 Termination Upon Material Changes In the event of a significant change to the Service, pricing model, or Terms, you have the right to terminate your use of the Service by providing written notice within 30 days of being notified of the change. Any unused credits will not be refunded, but you will not be charged for further consumption of the Service after termination.

11 Limitation of Liability

To the fullest extent permitted by law, [Your Company Name] and its affiliates, officers, employees, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly, arising from your use of the Service. In no event shall our total liability for any claim relating to the Service exceed the total amount you have paid to [Your Company Name] for the Service in the six (6) months preceding the claim.

12 Indemnification

You agree to indemnify and hold harmless [Your Company Name], its affiliates, and its officers, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from your use of the Service or violation of these Terms.

13 Changes to the Service

We may introduce new features, functionality, or services to the platform from time to time, which may be subject to additional terms and conditions or fees. You will be notified of any new features and associated terms, and your use of such features will be considered acceptance of those terms.

14 Changes to These Terms

We may revise and update these Terms from time to time at our sole discretion. We will notify you of any material changes by posting the new Terms on our website or via email. Changes will take effect immediately upon posting unless otherwise stated. If you continue to use the Service after the changes become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

15 Transition to Subscription or Other Models

If we transition from a consumption-based model to a subscription-based model or any other model, we will offer existing users the opportunity to convert any unused credits into a suitable equivalent under the new model. We will provide advance notice and options for such conversion, and any such transition will be subject to these Terms.

16 Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Estonia. Any disputes resulting from this Agreement will be resolved in the Harju County Court as the court of first instance.

17 Contact Information

If you have any questions or concerns about these Terms, please contact us at:
CubedAI OÜ
[email protected]
Videviku 37-8


CubedAI OÜ Team

Last update: 1 October 2024