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Terms of Use Agreement

Effective as of: Nov 26, 2024

Welcome to Cubicon, an online service designed and offered by 326 LAB - FZCO for our customers. This Agreement explains our obligations as a service provider and your obligations as a User of Cubicon or our Services, as those terms are defined below. If you are under the age of 13, you may not use Cubicon or its Services. Capitalized or italicized terms used throughout this Agreement will have the meanings specified herein, including the defined terms contained in the "Definitions" section below.

It is important that you read this agreement carefully.

This Agreement includes a binding mutual arbitration provision ("Arbitration") in Section N, which requires that disputes be resolved through individual arbitration.

By using Cubicon, creating, or accessing your Cubicon account, including by signing in with a third-party service or partner (such as Google), or by otherwise using the Services we offer, you are agreeing to be bound by the Agreement without any modification or qualification.

If you are dissatisfied with the agreement, our rules, policies, guidelines or practices, or our operation of the Cubicon website, Cubicon app or the Services, your sole and exclusive remedy is to discontinue using the Cubicon website, Cubicon app and/or our Services, unless another remedy is expressly set out in this agreement.

If for any reason you are unable to meet all the conditions set forth in this Agreement or if you breach this Agreement, your permission to access or use our Services, any materials downloaded or printed by you, and Cubicon immediately lapses.

1. Definitions

In addition to the terms defined elsewhere in this Agreement, the terms below will have the following meanings as used throughout this Agreement.

  • Additional User(s) means Persons, other than a Business Owner's employees, such as independent contractors or agents of the Business Owner, who are authorized to access certain parts of Cubicon on behalf of the Business Owner.
  • Agreement refers to this Terms of Use Agreement, any applicable Specific Additional Service Terms, and any posted rules, policies, or guidelines applicable to Cubicon or the Services, all of which are incorporated by reference.
  • Authorized User(s) means a Business Owner's employees and Additional Users who are authorized to access Cubicon and use the Services on behalf of the applicable Business Owner.
  • Business Owner means any Person who maintains an account with us through which that Person or its Authorized Users access Cubicon or use the Services.
  • Law(s) means any statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree, other requirement, or rule of law of any federal, state, local, provincial, or foreign government or political subdivision thereof, or any arbitrator, court, or tribunal of competent jurisdiction.
  • Person means an individual (including a sole proprietor), corporation, partnership, joint venture, limited liability company, governmental authority, unincorporated organization, trust, association, or other entity.
  • Service and Services mean our online financial services and other small business–related services, our Support, and any Additional Services we offer through Cubicon website and Cubicon mobile app from time to time.
  • Site means this website (cubicon.app), all related webpages, but does not include any third-party websites which are linked to or may link from the Site whether or not such third-party websites are used in connection with the Services.
  • Support means any technical support and assistance we provide to Users.
  • User(s) means any Business Owner, Authorized User, or other Person who visits, accesses, or uses Cubicon or the Services.
  • Cubicon means the Site and all mobile applications or any other software or applications that are associated with the Site or Services.
  • 326 LAB - FZCO, we, us and our each mean 326 LAB - FZCO and its applicable subsidiaries that assist in providing Cubicon or the Services.
  • You and your means any Person who visits the Site or uses Cubicon or the Services, whether such a Person is a Business Owner, Authorized User, or other User.

2. General

1. License Grant

326 LAB - FZCO provides you with a limited, non-exclusive, and non-transferable license to use Cubicon, its Services, and related resources for your business purposes under the terms of this Agreement. You agree not to violate our intellectual property rights or those of any third parties associated with us and to adhere to any relevant licensing agreements.

2. Additional Users

If you permit others ("Additional Users") to access and use certain features of Cubicon on your behalf, they will be able to view your account information and perform various actions depending on their access level. If you manage your Cubicon account on behalf of an organization, you confirm that you are authorized to grant such access to these Additional Users.

3. Changes to Cubicon

We reserve the right to modify, discontinue, or adjust any aspect of Cubicon or its Services without prior notice or liability. This may include changes to features, service hours, required software or hardware, or geographical availability.

4. Limited Remedies

In case of any disruptions, errors, defects, delays, or the complete termination of Cubicon or its Services, you agree that your sole remedy, as permitted by applicable law, is to stop using Cubicon and its Services.

5. Information You Provide

You are solely responsible for ensuring the accuracy, reliability, and completeness of any data, materials, or information you upload, enter, or create within Cubicon or its Services. We are not liable for the accuracy or compliance of such information except as specifically stated in this Agreement. Uploading or storing information on Cubicon does not mean we guarantee its accuracy or compliance with applicable laws.

6. Consent to Monitoring

You agree that we, along with our service providers and subcontractors, may monitor your account activity and your use of Cubicon and its Services.

7. Privacy and Data Security Compliance

You confirm that you have obtained all necessary permissions and comply with all applicable laws, including privacy regulations, in your use and disclosure of data while using Cubicon and its Services.

If you provide us with personal information about others, you must ensure you have the authority to do so and that we can collect, use, and share the data as outlined in our Privacy Policy. For example, you are responsible for obtaining the necessary permissions to allow us to transfer such personal information to the UAE (where 326 LAB - FZCO is headquartered). If requested, you agree to assist us in responding to individuals who wish to access or update the personal data you have disclosed to us.

C. Conditions of Usage

1. Intended Use

Cubicon and its Services are designed for business purposes and are not intended for personal, family, or household use. You agree to use Cubicon and its Services only as intended and in compliance with this Agreement.

2. Account Registration

When creating or accessing a Cubicon account, including signing in through a third-party service (e.g., Google), you confirm that all information you provide is accurate, current, and complete. You also confirm that you are opening and using the account solely on your behalf and not on behalf of someone else or a third party.

You will choose a username and password and are responsible for keeping these, along with other account details, secure and updated. You and any Authorized Users are solely responsible for safeguarding access credentials, such as usernames and passwords, to prevent unauthorized access to your Cubicon account and Services.

3. Authorization

If you are creating a Cubicon account on behalf of a business and are not the owner, you confirm that you have been authorized by the business's leadership to open the account. You must share account credentials with any Authorized Users within the business and provide the contact information of at least one other person associated with the business. If you leave the business, and the business's owner contacts us, we may grant them access to the account. You agree to release 326 LAB - FZCO and Cubicon from any liability arising from such actions.

4. Unauthorized Use

You are fully responsible for all activities conducted under your Cubicon account. If you discover unauthorized access or use, you must notify us immediately. You acknowledge that you are liable for any unauthorized use of your account and release Cubicon and 326 LAB - FZCO from liability for any loss or damage resulting from such use, whether or not you were aware of it. Additionally, you agree to indemnify 326 LAB - FZCO for any damages, claims, or liabilities resulting from activities associated with your account.

5. HIPAA Disclaimer

If you plan to use the Services to handle medical or health information, you understand and agree that:

  • 326 LAB - FZCO makes no assurances regarding compliance with the Health Insurance Portability and Accountability Act (HIPAA).
  • The Services provided are not HIPAA-compliant or designed to assist with HIPAA compliance.
  • It is solely your responsibility to ensure that your use of the Services complies with all relevant federal and state laws concerning medical or health information.

L. Third Party Links, APIs and Content

While using Cubicon or the Services, you may encounter links to external websites maintained by third-party providers. Additionally, certain features of Cubicon and the Services rely on application programming interfaces (APIs) from third-party services, such as Google.

The inclusion of such third-party services and APIs within Cubicon does not imply any endorsement, guarantee, or statement regarding the fitness, quality, merchantability, non-infringement, or accuracy of the third-party provider's services or products. If these third-party services or their APIs become unavailable to us on reasonable terms, we may stop offering those services or any dependent functionality without providing any refund, credit, or compensation. In such cases, your sole remedy will be to terminate your account and discontinue using Cubicon and the Services.

You acknowledge that third-party services and websites are independent from Cubicon, and we have no control over them. We do not accept any responsibility for your use of, or inability to use, any third-party sites, services, or content. Any use of third-party products or services is at your own risk. Additionally, these third-party services and websites may be governed by their own terms and policies, which you must comply with, except where prohibited or altered by applicable law.

You agree to hold us harmless and release us from any liability arising from your use or inability to use third-party products or services, whether or not related to your use of Cubicon. If you grant us permission, we may provide third parties with access to some or all of your data, content, and information within your Cubicon account via our API for use in their services. However, we may, at our discretion and without prior notice, discontinue access to our API for third-party services at any time, without offering you any refund, credit, or other compensation. In such cases, your only recourse will be to terminate your account and cease using Cubicon and the Services.

M. Miscellaneous

1. Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of the UAE. All disputes arising out of or related to this Agreement shall be resolved in the competent courts of the UAE jurisdiction.

2. Amendment of Agreement

Except as otherwise provided in the Arbitration Provision, we reserve the right to modify or add to this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Service with notice that we, in our sole discretion, determine to be reasonable in the circumstances, including but not limited to, notice on our website or any other website maintained or owned by us and identified to you. Any use of the Service after our publication of any such changes constitutes your acceptance of the then-current version of this Agreement. You may not modify or amend this Agreement unless we agree to such modification or amendment in a written instrument signed by a duly authorized representative of Cubicon. For the purposes of this section, a written instrument shall expressly exclude electronic communications such as email and electronic notices.

3. Survival

Any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement or that expressly or by its nature extends beyond the termination of the Service shall survive and remain in effect in accordance with its terms upon the termination of this Agreement. The Arbitration Provision will survive the termination of this Agreement.

4. Severability

Except as otherwise provided in the Arbitration Provision, all provisions of this Agreement, notwithstanding the manner in which they have been grouped together or linked, are severable from each other. If any of these terms should be determined to be unenforceable, the remaining terms of this Agreement will survive, remain in full force and effect, and will continue to be binding and enforceable.

5. No Waiver

No delay or omission to exercise any right or remedy accruing upon any breach or default under this Agreement will impair any such right or remedy nor will it be construed as a waiver of any such breach or default or of any similar breach or default thereafter occurring, and no single or partial exercise thereof will preclude any other or further exercise thereof or the exercise of any other right or remedy. No waiver (or consecutive waivers) of any single breach or default will operate or be construed as a waiver of any subsequent breach or default. A waiver is only effective if made in a writing that is executed by the party granting the waiver.

N. Arbitration

This section affects your rights. Please read it carefully before agreeing to these terms.

1. Generally. You and the Covered Parties (defined below) agree that any and all disputes and claims between you and the Covered Parties will be resolved by binding individual arbitration. All issues are for the arbitrator to decide, except for those issues relating to the arbitrability of disputes and the validity, enforceability, and scope of this arbitration provision, must be determined by a court and not an arbitrator.

For purposes of this Arbitration provision, references to "you" include your direct and indirect parents, subsidiaries, and affiliates as well as the predecessors, successors, assigns, officers, directors, agents or employees of any of them; references to "Covered Parties" include 326 LAB - FZCO, their respective direct and indirect parents, subsidiaries, and affiliates as well as the predecessors, successors, assigns, officers, directors, agents or employees of any of them. This agreement to arbitrate includes, but is not limited to, all claims arising out of or relating to any aspect of services provided by Cubicon, whether based in equity, contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise prior to, during, or after the termination of any service.

You understand and agree that, by entering into this agreement, you and the Covered Parties are each waiving the right to a trial by jury or to participate in a class, representative, joint or consolidated action in court or in arbitration.

2. Exceptions. You and the Covered Parties agree that nothing in this Arbitration provision will be deemed to waive, preclude, or otherwise limit your or the Covered Parties' right to (i) elect that an individual claim be decided in small claims court as long as it is brought and maintained as an individualized claim, or (ii) bring issues to the attention of federal, state, provincial, or local agencies.

3. No Class or Representative Claims. All arbitrations will proceed on an individual basis and may not proceed in any manner as a class action arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstance unless all parties consent in writing.

You and the Covered Parties agree that each may bring claims against the other only in your or its individual capacity and in doing so waive the right to a trial by jury or to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind.

The arbitrator is empowered to resolve the dispute with the same remedies and defenses available in court, but the arbitrator's rulings or any relief granted must be individualized to you and will not apply to or affect any other person or company. If a court decides that applicable Law precludes enforcement of any of this paragraph's limitations as to a particular claim or any particular request for a remedy for a claim (such as a request for public injunctive relief), then only that particular claim or only that particular request for a remedy (and only that particular claim or particular request for a remedy) must remain in court and be severed from any arbitration.

Any claim arising out of or related to these terms or the Covered Parties must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and the Covered Parties will not have the right to assert the claim.