Upcube — Terms of Service

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, which explains how we collect, use, and share information. Additional service-specific terms may apply and become part of your agreement with us.

1) Who we are & how to contact us

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: upcubeco@gmail.com.

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 a parent/guardian and allow a minor to use the Services, you accept these Terms and are responsible for the child’s activity.

Accounts. Some features require an account. You are responsible for your credentials and all activity under your account. Keep your password secure and notify us promptly of any suspected compromise.

Organizations. If you use the Services on behalf of an organization, you represent that you have authority to bind that entity, and “you” means that entity. Your administrator may impose additional rules and may access or disable your account.

3) What you can expect from us

A connected suite of Services. Upcube offers sites, apps, platforms, APIs, and AI features that may work together so you can move smoothly between tasks.

Constant improvement. We may add, change, or remove features, adjust limits, and launch or discontinue Services. Some features include software that may update automatically. If a change materially and adversely affects your use, we’ll provide reasonable advance notice where possible. Where feasible, we’ll also offer a reasonable way to export your data.

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/sanctions), respect others’ rights (privacy, publicity, IP), and do not abuse or harm anyone (e.g., defamation, harassment, doxxing, illegal impersonation).

Don’t abuse the Services

• Introduce malware or attempt to hack, disrupt, or bypass security/protective measures;
• Engage in spamming, scraping where disallowed, phishing, or creating fake accounts, content, or reviews;
• Hide or misrepresent your identity to violate these Terms;
• Reverse engineer the Services or underlying models to extract trade secrets, except as allowed by law;
• Use automated means to access content contrary to machine-readable instructions;
• Use AI outputs to build, train, or improve competing ML models or related AI systems unless we explicitly permit it;
• Provide services that falsely appear to originate from us (or you) when they do not;
• Encourage or enable others to violate these Terms.

We may publish additional acceptable-use guidance for specific Services; those rules are incorporated here.

5) Your content & permissions

Your content remains yours. You retain IP rights in content you upload, submit, store, send, receive, or share via the Services (“User Content”). Upload only content you have the right to share and that is lawful.

License you grant to Upcube. You grant Upcube a worldwide, non-exclusive, royalty-free license to host, reproduce, process, adapt, publish, publicly display, perform, distribute, and create derivative works of your User Content solely to:

• Operate the Services (including sharing you request and backups);
• Improve and protect the Services (spam/malware/abuse scanning, quality, analytics, troubleshooting, safety);
• Personalize features you opt into;
• Promote the Services using content you made public, consistent with your settings;
• Develop new features and technologies consistent with these Terms and our Privacy Policy.

Duration. The license lasts while your content is protected by IP rights. Removing content will make it unavailable within a reasonable time, except where (a) others still have copies; (b) retention is required by law, security, or audit; or (c) your content also appears on third-party services.

Feedback. If you send ideas or suggestions, you grant Upcube a perpetual, worldwide, irrevocable, royalty-free license to use them for any purpose without compensation or obligation.

Your responsibility. You are responsible for User Content and ensuring it does not infringe rights or violate law or these Terms. We may remove or restrict content that violates these Terms or the law.

6) AI features & professional-advice disclaimer

AI outputs may be inaccurate, incomplete, offensive, or otherwise unexpected. Do not rely on the Services for medical, legal, financial, or other professional advice. Content on those topics is informational only and not a substitute for advice from a qualified professional.

Unless we explicitly grant rights, you may not use our AI outputs to build, train, or improve models or claim they were entirely human-generated. Where required, you must disclose that AI was used.

7) Software, APIs, and updates

Some Services include downloadable/preloaded software or provide access via APIs/SDKs. Subject to these Terms, we grant you a personal, worldwide, non-exclusive, non-transferable, non-assignable, revocable, royalty-free license to use such software and API access solely as part of the Services. Open-source components are licensed under their own terms and may override parts of this section. You may not copy, modify, distribute, sell, lease, or reverse engineer any part of the Services or software except as permitted by law.

We may automatically update software to improve performance, security, or compatibility. Some settings may let you control automatic updates.

8) Third-party content and links

The Services may display or enable access to third-party content and services. We do not control and are not responsible for third-party content, products, or services. Your use may be governed by their terms and privacy policies.

9) Service changes; availability; data export

We strive for reliable Services but cannot guarantee uninterrupted or error-free operation. We may change, discontinue, or suspend features or Services. If a change materially and adversely affects your use and notice is possible, we will provide it. Where feasible, we will offer a reasonable way to export your data stored with us.

10) Enforcement, removals, suspension, and 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 liability, violate law, compromise an investigation, or compromise security/operations.

Content removals. We may remove or block content that violates these Terms, service-specific policies, or the law (e.g., CSAM, trafficking, terrorist content, harassment, or infringing material).

Account action. We may suspend or terminate access (or delete accounts) for material/repeated violations, legal requirements, or harmful conduct (e.g., hacking, phishing, spamming, scraping). If you believe we took action in error, contact upcubeco@gmail.com.

You may stop using the Services at any time.

11) Intellectual property; brand use

We and our licensors own the Services and related IP. These Terms do not grant 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,” WITH ALL FAULTS, 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) USD $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, the limitations apply only to the extent permitted by law.

14) Indemnification (business users and organizations)

If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless Upcube and its officers, directors, employees, and contractors from and against any third-party claims and costs (including reasonable attorneys’ fees) arising out of or relating to your unlawful use of the Services, your User Content, or your violation of these Terms or service-specific rules. If you are legally exempt from certain responsibilities, those responsibilities do not apply to you under these Terms.

15) DMCA & IP complaints

We respect intellectual property rights. If you believe content on the Services infringes your rights, send a notice to upcubeco@gmail.com with the information required by 17 U.S.C. §512(c)(3). We may remove or disable access to the accused material and, where appropriate, terminate accounts of repeat infringers.

16) Dispute resolution; governing law; venue

Contact us first. Most issues can be resolved informally. Please email upcubeco@gmail.com before starting a formal dispute.

Governing law & venue. These Terms and any 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-laws rules. You and Upcube agree to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York, and you consent to personal jurisdiction in those courts. If you are a consumer residing outside the United States, mandatory consumer-protection laws of your country may also apply.

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 (e.g., by email or in-product) and indicate the effective date. The updated Terms will govern your use of the Services after they become effective. If you do not agree to the changes, 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 and supersede prior agreements on the subject.
• Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions remain in full force.
• No waiver. Our failure to enforce a provision is not a waiver of the right to do so later.
• Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign in connection with 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 our 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 (chatbot, 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)

• Paid subscriptions and billing. Fees, taxes, renewals/cancellations, and refunds will be described in service-specific terms or checkout flows. Prices may change with reasonable prior notice.
• Data portability. We may provide tools to export your data where feasible; functionality varies by Service.
• Brand permissions. Use of Upcube trademarks and logos requires prior written permission and compliance with brand guidelines.

These Terms are provided for convenience and do not constitute legal advice. Consider consulting a licensed attorney to tailor these Terms to your business and jurisdiction.

Contact Upcube