Terms & Conditions

1.1 cubeonebiz.com (referred to here as "Cubeone") provides its Service (as defined below) to You through its Web site or reseller sites (the "Site"), subject to this Terms of Service agreement. By accepting this TERMS OF SERVICE or by accessing or using the Service or Site, You acknowledge that you have read, understood, and agree to be bound by this TERMS OF SERVICE. If You are entering into this TERMS OF SERVICE 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 TERMS OF SERVICE, 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 TERMS OF SERVICE, You must not accept these TERMS OF SERVICE and may not use the Service.

1.2 Cubeone may change this TERMS OF SERVICE from time to time without prior notice. You can review the most current version of this TERMS OF SERVICE at any time on the website. 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 this TERMS OF SERVICE is not acceptable to You, your only remedy is to stop accessing and using the Service.

3.1 Subject to the terms and conditions of this TERMS OF SERVICE, You may access and use the Service only for Your 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 TERMS OF SERVICE; (b) use the Service to process data on behalf of any third party, or (c) 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 this TERMS OF SERVICE, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to Cubeone. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with Cubeone, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.

3.3 You are solely responsible for all materials, information, data, text, messages or other materials that You, or any Authorized User, upload, post, e-mail, transmit, or otherwise make available via the Service ("Your Content"). You have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of Your Content. 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.

3.4 You warrant that You own or have sufficient legal right to the intellectual property rights in Your Content and that Your Content, including any use thereof by Cubeone as described herein, does not violate applicable law or the rights of any third party. You hereby grant Cubeone, Cubeone's affiliates, resellers and partners a worldwide, irrevocable, royalty-free, nonexclusive, sub licensable right to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on the Internet, (ii) processing Your Content in connection with providing the Services to You, and/or (iii) storing or hosting Your Content in a remote database or on the Site for access. This license will apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

3.5 Cubeone reserves the right to access any or all of Your accounts for support, maintenance or servicing.

3.6 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 Cubeone’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.

3.7 The failure of Cubeone to exercise or enforce any right or provision of this TERMS OF SERVICE shall not be a waiver of that right. You acknowledge that this TERMS OF SERVICE is a contract between You and Cubeone, even though it is electronic and is not physically signed by You and Cubeone, and it governs Your use of the Service and takes the place of any prior agreements between You and Cubeone.

3.8 Cubeone reserves the right to modify or discontinue any service with or without notice to you. Cubeone shall not be liable to you or any third party should Cubeone exercise its right to modify or discontinue services.

3.9 Unauthorized access to the Site is a breach of this Agreement and a violation of the law. You agree not to access the Site by any means other than through the interface that is provided by Cubeone for use in accessing the Site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Site, except those automated means that Cubeone has approved in advance in writing.

3.10 You may not access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

3.11 Use of the Site is subject to existing laws and legal process. Nothing contained in this Agreement will limit Cubeone's right to comply with governmental, court, and law-enforcement requests or requirements relating to Your use of the Site, which may include disclosing Your Content to the applicable authorities.

5.1 Trials and Payments. All plans come with an initial free trial period of up to 30 days. Hardware cost is not included in trial period. After the trial period, you may opt for a 3-month or 6-month payment plan. All Payments are to be made in advance.

5.2 Cancellation and Refunds. Cancellation request should be made in writing through mail. In case of cancellation, refunds will only be made for the unused months and not for current or previous month. Hardware costs will not be refunded in any case.

5.3 Credit Card Billing, Receipts and Privacy. The account owner will receive an email receipt upon each credit card charge. The receipts are also available for the account owner from within the application.

5.4 Credit Card Disclaimer. Cubeone does not store any credit card data and related personal information.

5.5 Credit Card Privacy. Cubeone uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use Your billing information except to process Your credit card information for Cubeone. Though Cubeone takes every measure to protect our users’ credit card information, should any third party illegally break through our security and access our database, then your data may be at risk. In such an event, you release Cubeone from all liability regarding the storage of your credit card information.

6.1 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 Cubeone 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 Cubeone does not warrant that the service will be uninterrupted, timely, secure, error-free or virus-free and no information or advice obtained by you from Cubeone or through the service shall create any warranty not expressly stated in this terms of service.

8.1 Cubeone may assign or transfer this TERMS OF SERVICE, in whole or in part, without restriction.

9.1 These Terms of Use and all transactions entered into on or through the Website and the relationship between You and Futurescape Technologies Pvt. Ltd. shall be governed in accordance with the laws of India without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between You and Futurescape Technologies Pvt. Ltd. shall be subject to the exclusive jurisdiction of the courts at Navi Mumbai, Maharashtra, India and You hereby accede to and accept the jurisdiction of such courts.

11.1 You represent and warrant that: (i) you are over the age of eighteen (18); and (ii) are fully able and competent to accept this TERMS OF SERVICE. For the avoidance of doubt, if you are under the age of eighteen (18), please do not use the Web site.

13.1 You agree to indemnify, defend and hold Cubeone and its resellers and partners (including all officers, directors, employees, contractors and agents of the foregoing) harmless from and against any and all claims, demands, causes of action, damages, liabilities, losses, costs and expenses, including attorneys' fees (collectively, the "claims"), arising out of, incident to, or resulting directly or indirectly from your use of the services, your content, or breach of this agreement.

15.1 The Site features trademarks, service marks, and logos that are the property of Cubeone and/or its affiliates, suppliers, partners and licensors. The Site also may include trademarks, service marks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and You agree not to use them in any manner without the prior written permission of the applicable owner.

15.2 Cubeone may be required by state or federal law to notify You of certain events. You hereby acknowledge and consent that such notices will be effective upon Cubeone's posting them on the Site or delivering them to You through e-mail. You may update Your e-mail address by visiting the Services where You have provided contact information. If You do not provide Cubeone with accurate information, Cubeone cannot be held liable if Cubeone fails to notify You.

15.3 Cubeone's failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. This Agreement and Your right to use the Services may not be assigned by You without the prior written approval of Cubeone.

15.4 This Agreement constitutes the entire agreement between You and Cubeone and governs Your use of the Site and Services, superseding any prior agreements that You may have with Cubeone. Any additional or different terms in Your ordering documentation such as purchase orders are hereby deemed to be material alterations and notice of objection to, and rejection of, them is hereby given.

17.1 In the event that Cubeone is unable to perform any of its obligations under this Agreement or You are unable to enjoy any of its benefits because of natural disaster, terrorism, fire, explosion, power blackout, earthquake, flood, the elements, strike, embargo, labor disputes, acts of civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, actions or decrees of governmental bodies or communication line failure or other causes beyond our reasonable control, Cubeone shall immediately give notice to You, if practicable, and shall take reasonable measures to resume performance. Upon receipt of such notice, all obligations under this Agreement shall be immediately suspended indefinitely.