Upcube — Terms of Service
These Terms form a binding agreement between you and Upcube Inc. when you access or use our websites, apps, platforms, APIs, and AI tools (chat, search, voice, image generation, and related services) that link to these Terms.
This is a general terms template for your product experience and policies. It is not a substitute for advice from a qualified attorney. If you operate in regulated markets or handle sensitive data, have counsel review this before launch.
Introduction
By using the Services, you agree to these Terms. If you do not agree, do not use the Services.
Please also review our Privacy Policy (and any service-specific policies or guidelines) which explain how we collect, use, and share information.
Additional terms may apply to specific features (for example: APIs, enterprise plans, beta programs, or integrated third-party services). If those terms conflict with these Terms, the feature-specific terms control for that feature.
1) Who we are & contact
Service provider: Upcube Inc., organized under the laws of the State of New York, USA.
Principal place of business: New York, NY 10005, USA
Contact: [email protected]
2) Eligibility & accounts
Age. You must be old enough to form a binding contract in your location or use the Services with the consent and supervision of a parent or legal guardian. If you are using the Services for an organization, you represent you have authority to bind that organization.
Accounts. Some features require an account. You are responsible for your credentials and all activity under your account. Notify us promptly of suspected compromise.
Administrators. If your account is managed by an organization (for example: a business or school), your administrator may access and manage your account according to their policies.
3) What you can expect from us
A connected suite of Services. Upcube offers tools that may work together so you can move between tasks (planning, drafting, research, and output creation).
Continuous improvement. We may add, change, remove features, or launch/retire Services. We aim to provide reasonable notice when changes materially affect usage.
Availability. We strive for reliable access, but we cannot guarantee uninterrupted or error-free operation.
4) What we expect from you
Follow the rules. Your permission to use the Services continues only while you comply with these Terms, our Privacy Policy, and any service-specific rules.
Respect others. Comply with applicable laws (including export controls), respect others’ rights (privacy, publicity, IP), and do not abuse or harm anyone.
- Introduce malware or attempt to hack, disrupt, or bypass security.
- Engage in spamming, scraping where disallowed, phishing, or fake accounts.
- Misrepresent your identity to violate these Terms.
- Reverse engineer or extract trade secrets except as allowed by law.
- Use automated means to access content contrary to machine-readable instructions.
- Use outputs to build, train, or improve competing AI systems where explicitly prohibited.
- Impersonate Upcube or create confusion about origin or endorsement.
- Encourage or enable others to violate these Terms.
5) Your content & permissions
Your content remains yours. You retain any rights you have in content you upload, submit, store, send, receive, or share through the Services (“User Content”).
License you grant to Upcube. You grant Upcube a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, adapt, publish (only as directed by you), and display your User Content solely to operate, maintain, and improve the Services, including:
- Operate the Services (including routing requests and backups).
- Maintain safety, quality, analytics, troubleshooting, and reliability.
- Enable features you turn on (sharing, collaboration, export).
Your responsibility. You are responsible for your User Content and ensuring you have rights to upload/share it and that it is lawful.
Feedback. If you send ideas or suggestions, you grant Upcube permission to use them without restriction or compensation.
6) AI features & professional-advice disclaimer
AI outputs may be inaccurate, incomplete, offensive, or otherwise unexpected. Do not rely on outputs as a sole source of truth.
No professional advice. The Services are not medical, legal, financial, or other professional advice. You are responsible for verifying outputs before using them in real-world decisions.
Human in control. You are responsible for how you use outputs. Where required by law or policy, you must disclose that AI was used.
7) Software, APIs, and updates
Some Services include downloadable software or provide access via APIs/SDKs. Subject to these Terms, Upcube grants you a personal, non-transferable, non-sublicensable, revocable, royalty-free license to use them solely as part of the Services.
We may automatically update software to improve performance, security, or compatibility. Some settings may let you control automatic updates.
Open-source components are licensed under their own terms and may override parts of this section.
8) Third-party content and links
The Services may display or enable access to third-party content, products, or services. We do not control third parties and are not responsible for them. Your use may be governed by third-party terms and privacy policies.
9) Service changes; availability; data export
We may change, discontinue, or suspend features or Services. If a change materially and adversely affects your use, we will provide reasonable notice when feasible.
Where feasible, we will offer reasonable ways to export your data stored with us. Export options may vary by Service and plan.
10) Enforcement, removals, suspension, termination
Before taking action, we will, when reasonably possible, provide notice, describe the reason, and offer an opportunity to resolve the issue unless doing so would cause harm or violate law.
Content removals. We may remove or block content that violates these Terms, service-specific policies, or law (including CSAM, trafficking, terrorist content, harassment, or infringing material).
Account action. We may suspend or terminate access (or delete accounts) for material or repeated violations, illegal requirements, or harmful conduct.
If you believe we took action in error, contact [email protected].
11) Intellectual property; brand use
Upcube and its licensors own the Services and related IP. These Terms do not grant you rights to use our trademarks, logos, or branding except as permitted by our brand guidelines or with prior written permission.
Do not remove or alter legal notices displayed in or with the Services.
12) Warranty disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Services will be accurate, reliable, available, secure, error-free, or uninterrupted, or that defects will be corrected.
13) Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPCUBE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, BUSINESS, GOODWILL, DATA, OR SAVINGS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) US $100 OR (B) THE AMOUNTS YOU PAID TO UPCUBE FOR THE SERVICES THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT.
Some jurisdictions do not allow certain limitations; in those cases, limitations apply only to the extent permitted by law.
14) Indemnification
If you use the Services on behalf of a business or organization, to the extent permitted by law, you will indemnify and hold harmless Upcube and its officers, directors, employees, agents, and contractors from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of:
- Your use of the Services,
- Your User Content,
- Your violation of these Terms,
- Your violation of any rights of another person or entity.
15) DMCA & IP complaints
We respect intellectual property rights. If you believe content on the Services infringes your rights, send a notice to [email protected] with sufficient information to identify the material and your claim. We may remove or disable access to the material and, where appropriate, terminate repeat infringers.
16) Dispute resolution; governing law; venue
Contact us first. Most issues can be resolved informally. Please email [email protected] before starting a formal dispute.
Governing law. These Terms and disputes arising out of or relating to them or the Services are governed by the laws of the State of New York, without regard to conflict-of-law rules.
Venue. You and Upcube agree to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York, and consent to personal jurisdiction in those courts.
Nothing here limits either party’s ability to seek equitable relief to prevent unauthorized use or misuse of the Services or IP infringement.
17) Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by email or in-product) and indicate the effective date. Updated Terms will govern your use after they become effective. If you do not agree, you must stop using the Services before the effective date.
18) Miscellaneous
- Entire agreement. These Terms, service-specific terms, and the Privacy Policy form the entire agreement.
- Severability. If any provision is unenforceable, the rest remains in effect.
- No waiver. Failure to enforce a provision is not a waiver.
- Assignment. You may not assign these Terms without consent. Upcube may assign them as part of a merger, acquisition, sale of assets, or by operation of law.
- Force majeure. We are not liable for delays or failures caused by events beyond reasonable control.
- Export. You must comply with all applicable export control and sanctions laws.
19) Definitions
“Services” means Upcube’s websites, apps, platforms, APIs, and AI features (chat, search, voice, image generation) that link to these Terms.
“User Content” means any content you upload, submit, store, send, receive, or share through the Services.
“Including” means including without limitation.
Optional add-ons (if applicable) may include paid subscriptions, data portability/export tools, and brand permission guidelines.