1.1 Cubicast.com (referred to herein as “Cubicast”) provides its Service (as defined below) to You through its main web site www.cubicast.com (the “Site”), its subdomains and its browser add-ons available at, but not limited to, the stores of Google and Mozilla, subject to your agreement with the present Terms of Service agreement (“TOS”). By accepting these TOS or by accessing or using the Service or Site, You acknowledge that you have read, understood, and agree to be bound by such TOS. If You are entering into this TOS on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If You do not have such authority, or if you do not agree with these TOS, You must not accept these TOS and may not use the Service.
1.2 Cubicast may change these TOS from time to time without prior notice. You can review the most current version of these TOS at any time at http://www.cubicast.com/legal/terms-of-service/. The revised terms and conditions will become effective upon posting and if You use the Service after that date, we will treat your use as acceptance of the revised terms and conditions. If any change to these TOS is not acceptable to You, your only remedy is to stop accessing and using the Service.
The “Service” includes (a) the Site, (b) the Cubicast® management console provided in the form of a web application, tools and services provided through the Site and by the Cubicast API made available via the Site, (c) the Cubicast browser add-ons and (d) all software, data, text, images, sounds, video, and content made available through the Site or services, or developed via the Cubicast API (collectively referred to as the “Content”).
Any new features added to or augmenting the Service are also subject to these TOS.
The widget provided by Cubicast for your website (hereinafter the “Cubicast Widget”), the module for post processing recordings (hereinafter the “Cubicast Composer”), the team management feature (hereinafter the “Cubicast Teams”), the subscription fee paid to Cubicast (hereinafter the “Cubicast Subscription Fee”), and any additional features developed for the above, constitute the “Paid Service”. For the avoidance of doubt, the Paid Service is subject to these TOS.
3.1 Subject to the terms and conditions of these TOS, You may access and use the Service only for your personal or internal business purposes as contemplated by the Agreement. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS; (b) use the Service to process data on behalf of any third party, or © use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.
3.2 Subject only to the limited right to access and use the Service expressly granted to You under these TOS, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to Cubicast. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with Cubicast, or otherwise attempt to gain unauthorised access to the Service or its related systems or networks.
3.3 You are responsible for all information, data, text, messages or other materials that You post or otherwise transmit via the Service. You are responsible for maintaining the confidentiality of your login and account and are fully responsible for any and all activities that occur under your login or account. You agree and acknowledge that although a single login may be shared by multiple people, You as the account holder are bound by all rights and responsibilities according to these TOS regarding the use of your account. You may therefore allow as many people as you wish, to use your account. Cubicast reserves the right to access your account in order to respond to your requests for technical support.
3.4 You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Cubicast’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service.
3.5 The failure of Cubicast to exercise or enforce any right or provision of these TOS shall not be a waiver of that right. You acknowledge that your acceptance of these TOS is a contract between You and Cubicast, even though it is electronic and is not physically signed by you and Cubicast, and it governs your use of the Service and takes the place of any prior agreements between You and Cubicast.
Cubicast® and Cubicast’s various logos used or displayed on the Service are trademarks of Cubicast and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the Cubicast products and services, provided you do not attempt to claim ownership of the marks by incorporating any of them within your names or offerings.
5.1 The Service is made available free of charge with the exception of the Paid Service; however we reserve the right to provide add on features to the Service at a later stage on a paid basis. You will be notified of the list of such paid features and the prices thereof in advance. The Paid Service is offered on a monthly, or annual basis with an initial 15-day free trial period. If You do not choose to upgrade within the 15-day free trial period, your account will be downgraded to the Free subscription plan. If You choose to upgrade before the end of your 15-day trial and have elected to continue with a paid plan, you will be billed monthly, or annually accordingly starting on the same date of the next month/next year after your account was upgraded. Regardless of your billing cycle, there are no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. If and when applicable, for any upgrade or downgrade in plan level, your credit card will automatically be charged the new rate on your next billing cycle. Prices of all Services, including but not limited to monthly fees to the Service, shall subject to change at any time.
5.2 Cubicast’s payment provider provides an interface for the account owner (as defined in the sign-up procedure) to change payment information (e.g., upon credit card renewal). The account owner will receive an email receipt upon each charge. The receipts are also available for the account owner from within the application. Please visit http://www.cubicast.com/legal/privacy-policy to understand how Cubicast collects and uses personal information.
6.1 You are responsible for properly canceling your account. The account owner (as defined in the sign-up procedure) can cancel the account at any time by clicking on the “My Account” option of the web application and then clicking on the link “Delete Account”. There are no other means of canceling your account. All of your property setup and data as well as your records of account activity will NOT be immediately deleted from the Service upon cancellation, unless specifically requested. That information will be stored for a period of one year, at which point, if the service is not re-established by the account holder, the account will be closed and the data removed from our servers. This information cannot be recovered once your account is closed. If You cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
6.2 Cubicast reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of your content in the Service, for any reason, including, if Cubicast believes that You have violated these TOS. Cubicast will use best efforts to publish on the Site or notify You about any planned downtime of the Service, and will use all reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Cubicast shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND CUBICAST EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT, WITHOUT LIMITING THE FOREGOING, CUBICAST MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. CUBICAST MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND CUBICAST MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE DOWNLOADING OR OTHER ACQUISITION OF ANY SOFTWARE OR MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR ACQUISITION OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CUBICAST OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL CUBICAST BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, CUBICAST SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE SERVICE FEE PAID OR PAYABLE BY YOU FOR THE BILLING CYCLE PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
Cubicast may assign or transfer this TOS, in whole or in part, without restriction.
The Materials and Services on this Site are protected by copyright and/or other intellectual property laws and any unauthorised use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, Cubicast and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Materials and Services. Except as specifically permitted herein, no portion of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of Cubicast.
You may gain access to other websites on the Internet through “links” which are not part of the Cubicast website. The linked websites are not under the control of Cubicast. Cubicast is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The provision by Cubicast of a link to another site does not constitute an authorisation by Cubicast to access materials at that site or an endorsement by Cubicast of any such materials.