Website Terms of Use (Qube Construction, LLC)
By using this website or accessing or using any web services (collectively the “Website”) provided by Qube Construction, LLC (“Qube Construction”), you agree, on behalf of you and/or your company (“User”), to be bound by and to comply with these Terms of Use (individually, “Terms of Use”, together with the Privacy Policy, the “Agreement”).
Definitions
1.1 “Agent” means User, User’s employees, independent contractors, or other third parties who are authorized by User to access and use the Website under the rights granted to User in the Agreement.
1.2 “Intellectual Property Rights” means all patent, copyright, trademark, trade dress, trade secret, rights in know-how, business domain names, designs, and other proprietary and intellectual property rights recognized in any jurisdiction worldwide, including moral rights.
1.4 “Hardware” means any physical device or equipment used to access the Website
1.5 “Third-Party Services” means any products or services provided by third parties that may be integrated with or accessed through the Website (i.e. payment processing systems, etc.).
1.6 “Usage Data” means any anonymized and aggregated logs, metrics, or derivative analytics – including model weights, embeddings, and synthetic data – that is derived from the processing of the User Content or the access or use of the Website by or on behalf of User, that in no way identifies or refers to User or Agents, and any statistical or other analysis, information, or data based on or derived from the foregoing.
1.7 “User Content” means any information, data, images, and other content, in any form or medium, that is submitted by or collected from or on behalf of User through the Website, including data and information collected from or pertaining to Agents, but excluding the Usage Data including any feedback, suggestions, or improvements.
The Website
2.1 Provision of the Website. Subject to the terms and conditions of the Terms of Use and the Agreement: (i) User may access and use the Website pursuant to the terms of the Agreement; and (ii) Qube Construction hereby grants to User a limited, non-exclusive, non-transferable, non-sublicensable license to use and copy the Website to the extent reasonably required to access and use the Website. Qube Construction will use commercially reasonable efforts to maintain the security of the Website.
2.2 Modifications. Qube Construction may, in its sole discretion, revise or remove features, functionality, or service levels of the Website at any time. Qube Construction will use commercially reasonable efforts to notify User of any changes to the Website by posting such changes to Qube Construction’s website.
2.3 Privacy Policy. Qube Construction’s Privacy Policy is incorporated herein by reference in relation to any data collected from Agents or Users through their use of the Website. Qube Construction reserves the right to modify its Privacy Policy in its reasonable discretion from time to time.
User’s Responsibilities
3.1 Use of the Website. User shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all the User Content; (ii) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Website and notify Qube Construction immediately of any such unauthorized access or use. User is fully responsible and liable for all Agents’ use of the Website. In the event User suspects a data or security breach, User may refer to the Privacy Policy for notification procedures.
3.2 Restrictions. User may use the Website solely as set forth in these Terms of Use and the Agreement and will not: (i) copy, modify, or create derivative works or improvements of the Website; (ii) reverse engineer, disassemble, decompile, modify, or alter the Website; (iii) remove, circumvent, disable, damage, or otherwise interfere with or disrupt the integrity or performance of the Website or any security-related features therein; (iv) input, upload, transmit, or otherwise provide to or through the Website, any information or materials that are unlawful or injurious, or contain, transmit, send, or store material containing harmful computer code, files, scripts, agents, or programs; (v) rent, lease, loan, resell, sublicense, distribute, or otherwise commercially exploit, reverse-engineer or make available the Website to any third party or use the Website for any unauthorized purposes; or (vi) use any information from the Website to develop or have developed any products, services, or other materials that compete with Qube Construction’s business. If applicable, each Agent’s right to access and use the Website through its individual account is personal to such Agent and such account may not be shared with other individuals. User will not benchmark, access, or use the Website for the purpose of developing a competing product.
3.3 User Content. User hereby grants to Qube Construction a perpetual, non-exclusive, worldwide, royalty-free license to: (i) host, copy, process, transmit, perform, download, receive, collect, access, modify, copy, store, retain, display, perform, and otherwise use the User Content for (a) provision, use, or improvement of the Website, (b) product development, machine-learning, analytics, and marketing, and (c) creation of Usage Data; and (ii) provide access to the User Content by Third-Party Services selected by User or otherwise upon User’s consent or direction. User acknowledges and agrees that Qube Construction has no responsibility for the services or content of any Third-Party Services and will have no liability for the acts or omissions of such Third-Party Services. Any activities related to Third-Party Services, and any terms associated with such activities, are solely between User and the applicable Third-Party Services.
3.4 Termination or Suspension by Qube Construction. Qube Construction may prevent, terminate or restrict a User’s or Agent’s use of the Website upon User’s or Agent’s breach of these Terms of Use or the Agreement. In the event that Qube Construction reasonably suspects User or a Agent is in material breach of this Agreement or any applicable laws, rules, or regulations, Qube Construction may, in its sole discretion, immediately terminate or suspend User’s or such Agent’s access to the Website without advanced notice, in addition to any other remedies as Qube Construction may have.
Proprietary Rights
4.1 User IP. As between User and Qube Construction, User retains all right, title, and interest in and to: (i) the User Content ; (ii) User’s Confidential Information; and (iv) all Intellectual Property Rights in the foregoing (collectively, the “User IP”). Except as expressly set forth in the Agreement, no additional license or other rights to any of the User IP are granted to Qube Construction, and all such rights are hereby expressly reserved.
4.2 Qube Construction IP. Qube Construction owns all right, title, and interest in and to: (i) the Website and Qube Construction’s Marks, and any and all enhancements, improvements, developments, derivative works, or other modifications (including any changes which incorporate any of User’s ideas, feedback, or suggestions) made or related to the Website; (ii) the Usage Data; (iii) Qube Construction’s Confidential Information; (iv) all source code and binaries; and (v) all Intellectual Property Rights in the foregoing (collectively, the “Qube Construction IP”). Except as expressly set forth in the Agreement, no license or other rights to any of the Qube Construction IP are granted to User, and all such rights are hereby expressly reserved.
Representations & Warranties
5.1 Warranties. User represents and warrants that: (i) it has full right, power, and authority to enter into and perform its obligations under the Agreement; (ii) the Agreement will constitute a valid and binding obligation of such party and will be enforceable against such party in accordance with its terms; and (iv) the performance of its obligations under the Agreement will not violate any applicable law, rule, or regulation, including those related to data privacy.
5.2 User Representations. User represents and warrants that its use of the Website, including the User Content provided, will not violate any applicable law, rule, or regulation, infringe any third party’s intellectual property, privacy, or publicity right, or cause a breach of any agreement with any third party. If Qube Construction reasonably determines that User materially breached any representation or warranty, Qube Construction may terminate this Agreement without notice, and prevent, restrict, refuse, or deny access or use of the Website to the User.
5.3 Disclaimer of Warranties. Qube Construction represents and warrants that the Website is provided as-is and without any warranties of use, except as expressly provided herein. EXCEPT AS EXPRESSLY SET FORTH, THE WEBSITE AND ALL RELATED DELIVERABLES AND SERVICES ARE PROVIDED “AS IS.” QUBE CONSTRUCTION MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER. QUBE CONSTRUCTION EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. QUBE CONSTRUCTION DOES NOT WARRANT THAT THE WEBSITE IS ERROR-FREE OR WILL BE SECURE OR UNINTERRUPTED. QUBE CONSTRUCTION WILL NOT BE LIABLE FOR ANY IMPACT TO THE WEBSITE CAUSED BY THE HARDWARE OR USER’S MACHINES OR EQUIPMENT.
5.4 AI Features Disclaimer. THE WEBSITE MAY INCLUDE MACHINE LEARNING GENERATIVE-AI FEATURES. AI FEATURES GENERATE CONTENT ALGORITHMICALLY AND MAY PRODUCE INACCURATE OR UNEXPECTED RESULTS; THEY ARE PROVIDED *AS IS* AND *AS AVAILABLE. USER REMAINS SOLELY RESPONSIBLE FOR REVIEWING ANY AI OUTPUT BEFORE RELYING ON IT AND WILL INDEMNIFY, DEFEND AND HOLD HARMLESS QUBE CONSTRUCTION FOR ANY AND ALL CLAIMS ARISING FROM USER’S USE OF THAT OUTPUT.
General Provisions
6.1 Publicity. User may not use or publicly associate User with Qube Construction’s Marks and logos or intellectual property without Qube Construction’s express prior written authorization. Any other use of Qube Construction’s Marks is subject to the other party’s prior consent, in each instance. All use of a party’s Marks will be in accordance with its trademark guidelines, if provided.
6.2 No Waiver. The Agreement may not be altered, amended, or modified in any way except by a writing signed by both parties. The failure of a party to enforce any provision of the Agreement will not be construed to be a waiver of the right of such party to thereafter enforce that provision or any other provision or right.
6.3 Severability. In the event that any provision of the Agreement is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the rest of the Agreement will remain in full force and effect.
6.4 Governing Law. The Agreement will be interpreted, construed, and enforced in all respects in accordance with the laws of the State of Arizona, without reference to its choice of law rules. Qube Construction and User irrevocably consent to the jurisdiction of the state and federal courts in Arizona, Maricopa County, in connection with all actions arising out of this Agreement, and waive any objections that such venue is an inconvenient forum.
6.5 No Liability. To the fullest extent possible under any and all applicable laws, whether state, federal, or international, Qube Construction shall not be held liable or responsible by the User for any harm or damages caused in reliance of, based on use of, or by the Website.
6.6 Indemnification. Subject to the other provisions of this Agreement, User will defend, indemnify, and hold Qube Construction and its officers, directors, consultants, employees, successors, and assigns harmless against any and all Claims and Damages (including reasonable attorneys’ fees, expert witness fees, court costs, fines, penalties, and interest) incurred by Qube Construction Indemnitees arising out of or relating to a Claim related to: (i) Qube Construction’s use or collection of User Content, including any allegation that such content infringes, misappropriates, or violates the intellectual-property, privacy, publicity, or other rights of a third party; (ii) User’s or any Agent’s access to or use of the Website, including any breach of this Agreement or violation of applicable law, regulation, or industry standard (including export-control, sanctions, and data-privacy laws); and (iii) User’s negligence, willful misconduct, or fraud.
6.7 Force Majeure. Qube Construction will not be held liable for failure to perform or delay in performing any obligation under the Agreement if such failure or delay is due to fire, flood, earthquake, strike, war (declared or undeclared), embargo, blockade, legal prohibition, governmental action, riot, insurrection, epidemic or pandemic, damage, destruction, power outage, telephone outage, internet access provider failure, or any other similar cause beyond its control.
6.8 No Assignment. User may not assign or delegate its rights, duties, and obligations under the Agreement.
6.9 Notices. Any notice required or permitted by the Agreement must be in writing and will be sent by email to hi@goqube.com, or at such other address for which such party gives notice hereunder. Notwithstanding the foregoing, User consents to receive electronic communications that may be sent by Qube Construction, including via email and through the Website (such as by posting on User’s account).
6.10 No Sale of Personal Information (CCPA/CPRA). Qube Construction acts solely as a “service provider” under Cal. Civ. Code §§ 1798 Qube Construction does not “sell” or “share” personal information (as those terms are defined in § 1798) and will search data only to facilitate in the provision of the Website.
6.11 Entire Agreement. The Agreement constitutes the entire agreement pertaining to the Website and supersedes all prior or contemporaneous oral or written agreements regarding the subject matter hereof.
