1. Acceptance of Terms
By accessing or using CubiCube® ("Service"), you agree to be bound by these Terms of Service ("Terms"), our Acceptable Use Policy, and our Privacy Policy. If you do not agree to these Terms, you may not use the Service. CubiCube is operated by Nexartis, LLC, a Delaware Limited Liability Company ("we," "us," or "our").
If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind that entity.
2. Description of Service
CubiCube is an AI-powered platform that enables users to create, customize, deploy, and monetize web-based projects, applications, and media hubs ("Cubis"). The Service includes domain registration, AI-assisted development (including "Build Flows," "Idea Starters," and "One-Shot Recipes"), hosting capabilities, payment processing integrations, and the Marketplace Cubes for adding capabilities ("Cubes") to your Cubis.
3. User Accounts and Security
To use the Service, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. You may not share your account credentials or make your account available to others.
4. User Content and AI Inputs/Outputs
4.1 Ownership of User Content
You retain all right, title, and interest in and to any content, data, or natural language prompts you submit to the Service ("User Content").
4.2 License to Nexartis
By submitting User Content, you grant Nexartis a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, display, reproduce, modify, and distribute your User Content solely for the purpose of providing, maintaining, and improving the Service.
4.3 AI-Generated Output
Subject to your compliance with these Terms, you own all rights to the code, layouts, text, and applications generated by the Service's AI features in response to your prompts ("Output"). Nexartis hereby assigns to you all of its right, title, and interest in the Output. You acknowledge that due to the nature of machine learning, Output may not be unique across users, and the Service may generate the same or similar output for a third party.
4.4 AI Training
Nexartis may use User Content and Output to train, improve, and refine our AI models, subject to the privacy controls available in your account settings and applicable privacy laws.
5. Prohibited Conduct and Acceptable Use
Your use of the Service is strictly subject to our Acceptable Use Policy (AUP). You are solely responsible for ensuring your User Content and activities comply with the AUP. Violations of the AUP, including but not limited to the distribution of illegal content, child sexual abuse material (CSAM), hate speech, or prohibited adult content, will result in immediate account termination and potential reporting to law enforcement.
6. Intellectual Property
The Service, including its underlying technology, software, algorithms, designs, "Cubes," pre-configured packages, and trademarks, is owned by Nexartis, LLC and its licensors, and is protected by intellectual property laws. You may not reverse engineer, decompile, disassemble, copy, modify, distribute, or create derivative works based on the Service's underlying platform without our express written permission.
7. Third-Party Services and Payment Processing
The Service integrates with third-party providers (e.g., Stripe, GitHub, Cloudflare). Your use of these third-party services is governed by their respective terms of service. By using CubiCube®'s monetization features, you agree to comply with the Stripe Services Agreement. Nexartis is not responsible for the performance, security, or compliance of third-party services.
8. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. We do not warrant that the Service will be uninterrupted, error-free, secure, or that the AI-generated Output will be accurate, reliable, or fit for your specific purpose. You are responsible for reviewing and testing all Output before deployment.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXARTIS, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including but not limited to loss of profits, data, goodwill, or business interruption, arising from your use of or inability to use the Service, even if we have been advised of the possibility of such damages.
10. Indemnification
You agree to indemnify, defend, and hold harmless Nexartis, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of: (a) your use of the Service; (b) your User Content or Output; (c) your violation of these Terms or the Acceptable Use Policy; or (d) your infringement of any third-party rights.
11. Termination
We may terminate or suspend your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will immediately cease. Sections 4, 6, 8, 9, 10, 12, and 13 shall survive any termination.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in New York, New York.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service or via email. Your continued use of the Service after such changes constitutes acceptance of the new Terms.
14. Contact Us
If you have questions about these Terms, please contact us at info@nexartis.com.