Version: 2.1 of this document was created on October 1, 2024

PLEASE READ BEFORE USING CUBE PRODUCTS

This is a legal agreement between you as an individual and Ambassadors Lab B.V. ("Cube"), and governs the terms and conditions of your use of Cube (as defined below) and any updates that may be provided.

To Use Cube You Must Agree to these Terms

This a legal agreement between parties and by using Cube you are agreeing to these terms and conditions (and the Cube Privacy Notice) on behalf of yourself and/or your company. Each time you use a Cube Service, you reconfirm your acceptance of the then-current Terms of Service. If you do not wish to be bound by these Terms of Service, you may discontinue using the Cube. You cannot use Cube until you have accepted these Terms of Service. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms of Service. If you do not agree to the terms of this agreement, do not access and/or use the product/services.

This Agreement, along with any written documentation explicitly incorporated herein by reference and published from time to time by Cube (collectively, the "Agreement"), constitutes the entire agreement between Cube and you regarding Cube, and replaces all prior agreements between parties regarding the subject matter of this Agreement.

Definition of Terms

1. Ambassadors LAB B.V. is referred to herein as "Cube," "we," "us," or "our".
2. You, as the user, are referred to herein as "you," "user," or "customer".
3. Cube, Cube services, Cube websites (including, without limitation, www.cube-cloud.com (opens in a new tab)) and all other software, features, tools, websites, documentation and services provided by Ambassadors LAB B.V. are referred to herein as “Cube ”, “Platform”, “the services”.
4. Access, installation, usage, and/or registration of Cube are referred to herein as “use” or “usage”.
5. Content: for purposes of these Terms of Service, the term "Content" includes, without limitation, information, videos, audio files, data, text, photographs, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as defined below).

Acceptable use

You are solely responsible for your conduct and your data related to the Service. The services are made available to you only for your professional use, which must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights. You may not make commercial use of the platform or service, including but not limited to selling or distributing the software and/or service to any third party.

You agree to defend, indemnify and hold harmless Cube, its vendors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the Cube .

Restrictions on use

You may access Cube only through the interfaces and protocols which are provided or authorized by Cube. You agree that you will not access Cube through unauthorized means. Cube may limit the time, type of files, storage space, or other features. You herewith agree not to attempt to circumvent these limitations in any way.

Equipment

Cube is provided as a Software-as-a-Service platform. You are responsible for obtaining your own Internet connection to access Cube of an adequate speed and quality. Cube is made available on most modern browsers. Any charges incurred by you to access Cube are your responsibility.

User Accounts and Passwords

You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your account. You must provide accurate and complete information and keep your Account information updated. You may never use another person's user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.

Changes to the Service

Cube will occasionally provide automatic upgrades to improve your Cube experience, although these upgrades may not be consistent across all platform and devices. You herewith agree to take no action to interfere with such automatic upgrades, scanning, and related services. Cube has the right at any time to add to, change, modify discontinue or retire any aspect or feature of Cube including, but not limited to, the software, hours of availability, equipment needed for access or use, the maximum disk space that will be allotted on Cube servers on your behalf, or the availability of Cube on any particular device or communications service. Cube has no obligation to provide you with notice of any such changes.

Fair Use

Cube reserves the right to suspend or terminate accounts of users who violate these Terms of Service or who Cube deems, in its sole discretion, to be abusers. Such users may be notified prior to suspension or termination of their accounts; however, Cube is not required to provide prior notice. Any failure by Cube to enforce this policy will not preclude us from enforcing it at anytime in the future, whether for past or current violations.

Data Collection and Privacy Policy

Personal information provided or collected through or in connection with Cube shall only be used in accordance with Cube's Privacy Notice and these Terms of Use are subject to the Privacy Notice as posted on https://legal.cube-cloud.com/privacy/ (opens in a new tab).

Proprietary Rights

You acknowledge that any Content submitted to and/or stored on Cube may be the subject of patents, copyrights, trademarks and other intellectual property rights of Cube, its clients, affiliates, subsidiaries, partners or third parties. If you consider submitting Content to Cube, publishing and/or sharing content stored on Cube, you are responsible to undertake appropriate intellectual property clearance before engaging in any conduct.

You may not sell, assign, grant a security interest in or otherwise transfer any right in the Platform or incorporate them (or any portion of them) into another product. You may not translate, reverse-engineer or reverse-compile and/or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the Platform. You may not modify the Platform or use it in any way not expressly authorized by these Terms of Service. You may not authorize or assist any third party to do any of the things described in this paragraph.

Disclaimer of Warranty; Limitation of Liability

Your use of Cube products is at your sole risk. The Cube services are provided "as is," "with all faults" and "as available" for your use, without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion by Dutch law. Specifically, Cube and its vendors disclaim implied warranties that the Cube services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. Cube and its vendors do not warrant that the functions contained in the Cube services will meet your requirements or that the operation of the Cube services will be uninterrupted or error-free, or that defects in the Cube services will be corrected. Cube and its vendors do not warrant or make any representations regarding the use or the results of the use of the Cube services in terms of their correctness, accuracy, reliability or otherwise. Cube provides the Cube services on a commercially reasonable basis and does not guarantee that users will be able to access or use the Cube services at times or locations of their choosing.

Limitation of Liability

Cube and its vendors' entire liability and your exclusive remedy with respect to any dispute with Cube (including without limitation your use of the Cube services) is to discontinue your use of the Cube services. Cube and its vendors shall not be liable for any indirect, special, incidental, consequential, exemplary damage, or any other claim related in any way from your use of Cube services. These exclusions include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if Cube had been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based.

Third Party Services

Cube may permit you to link or transfer files to other websites, services or resources on the Internet, and other websites, services or resources may contain links to Cube. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

YouTube API Services

Cube uses YouTube API Services to allow you to transfer content to YouTube channels. By authorizing Cube to use the YouTube API Services on your behalf, you accept YouTube's Terms of Service (https://www.youtube.com/t/terms (opens in a new tab)). You also accept Google's Privacy Policy (http://www.google.com/policies/privacy (opens in a new tab)).

Miscellaneous

Force Majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

Modifications to the Terms of Service

In the event that Cube makes material changes to these Terms of Service, all Cube users will need to explicitly accept the new Terms of Service prior to proceeding with using Cube.

You herewith agree to the new posted Terms of Service by continuing your use of the Cube . If you do not agree with the modified Terms of Service, your only remedy is to discontinue using Cube and cancel your registration.

The provisions of these Terms of Service addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property and governing law shall survive the termination of these Terms of Service.

Contacting Cube

Users with questions about this Agreement or the Privacy Policy may contact Cube by sending an email to support@cube-cloud.com.

Law and Jurisdiction

This agreement is governed by Dutch law. In the event of a dispute, the court in Amsterdam shall have exclusive jurisdiction.