Definitions

• "Affiliate(s)" — any entity that directly or indirectly owns, is owned by, or is under common ownership with either Party.
• "Documentation" — knowledge base provided by Cubyts along with the Software.
• "Enhancement(s)" — modification, update, upgrade or addition to the Software.
• "Error(s)" — verifiable failure of the Software to perform material functions.
• "Fee(s)" — fees paid by the Subscriber as stipulated under the Cubyts invoice.
• "Subscription" — fixed-term, non-exclusive, non-transferable, limited subscription.
• "User(s)" — any Subscriber employee, contractor, supplier or other user.

Subscription

During the Subscription Term, subject to payment of Fees and compliance with this Agreement and the EULA, Cubyts grants the Subscriber a Subscription to the Software, electronically transmitted via the internet on a SaaS basis.

Restrictions

• No copying, modifying, reverse engineering or otherwise altering the Software.
• No time-sharing, benchmarking or other computer services to third parties.
• No transfer or export of the Software in violation of applicable laws.
• No use exceeding the granted Subscription.
• No use to develop a competing or similar product.
• No use with unsupported software or hardware.

Subscriber's Responsibilities

• Workspace Management: dedicated workspace registered with Cubyts.
• Compliance with Laws: all applicable local, state, national and foreign laws.
• Unauthorized Use: immediate notification of any breach of security.
• Subscriber Content: responsibility for not infringing third-party rights.

Fees

• Subscription begins only upon payment of the Fees. All Fees are non-cancellable and non-refundable.
• All Fees shall be paid by the Subscriber in advance.
• If renewal payment is not made, the Subscription reverts to the free model.
• All Fees and charges are exclusive of taxes which shall be borne by the Subscriber.

Intellectual Property Rights

All ownership rights to the Services, Software, Documentation, Enhancements, and branding — including copyrights, trademarks, service marks and patents — are the sole and exclusive property of Cubyts.

Disclaimer of Warranty

THE SUBSCRIPTION, SOFTWARE AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

Contact

Questions? Contact legalqueries@cubyts.com.