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Cubbie Terms of Service

Effective:
May 7, 2026
Last updated:
October 22, 2026

The short version. The full text below is what governs.

  • Who runs Cubbie Cubbie is operated by Rei Llazani and is not yet incorporated. Rei plans to form a company to operate Cubbie. When it is formed, Cubbie, these Terms, and your account may be transferred to it, and we will tell you before that happens. The software listed on Cubbie is licensed and supported by its vendor, under the vendor’s own terms.
  • Nothing to pay right now Cubbie checkout and paid services are not taking payments at the moment: completing a payment step records your request and takes no payment. If you buy an optional paid service, its price and terms are shown before you pay and apply to that purchase. Our vendor fee model is: Vendors pay 0% on customers from Cubbie for the first 6 months after their company's account is created, then 5% on customers from Cubbie. No listing fees, no subscriptions, no pay-to-play. This fee is not in effect. We will give you advance notice and ask you to accept it before it applies.
  • Rankings are not for sale Organic ranking and trust signals are never for sale. Any sponsored or promoted placement is clearly labeled and never influences organic ranking or trust scores.
  • You keep what you upload Ownership of your content stays yours. Cubbie takes a sublicensable license to host, display, and use it to run, secure, and improve the Service, including aggregated, de-identified analytics.
  • Points and Berries are rewards Cubbie Points and Berries are earned rewards with no cash value. They can expire, can be reversed for mistakes or abuse, cannot be sold or transferred, and the programs can change.
  • AI can be wrong Some features use AI, and what they produce can be inaccurate. Check it before you rely on it. We do not use your content to train AI models.
  • We may show your company as a customer Once your organization has an account, Cubbie may display its name and logo as a customer on its site and in its marketing. Email [email protected] to opt out and we will stop and remove it.
  • Disputes go to arbitration After a sixty-day notice period, disputes go to individual binding arbitration with JAMS, seated in Wilmington, Delaware. You give up class and representative actions; small claims and intellectual-property injunctions can still go to court.
  • Our liability is capped Cubbie’s total liability is capped at what you paid in the twelve months before the claim, or $100, whichever is greater. Neither side owes the other for lost profits or lost data.
These Terms form a binding agreement between you and Rei Llazani, who operates Cubbie (see Section 1). Please read them carefully. Sections that limit our liability, require arbitration of disputes, and waive class actions are summarized in plain language at the start of this page. By creating an account or otherwise using the Service, you accept these Terms.

1. Who we are

Cubbie is operated by Rei Llazani, an individual, and is not yet incorporated. In these Terms, “Cubbie,” “we,” “us,” and “our” mean Rei Llazani as the operator of Cubbie, and the “Service” means the website at cubbie.com, our APIs, and our web, mobile, and desktop interfaces. Rei plans to form a company to operate Cubbie. When it is formed, Cubbie, these Terms, and your account may be transferred to that company, and we will tell you before the transfer takes effect. You can reach us at [email protected].

2. Definitions

  • Account means a registered Cubbie user record, whether for an individual or an organization.
  • Buyer means a person or organization that uses Cubbie to discover, compare, purchase, or manage software.
  • Vendor means a person or organization that lists, offers, or sells software through Cubbie.
  • Partner means a person or organization that runs a perks portal or another partner program on Cubbie.
  • Order means an accepted purchase or subscription transaction processed by Cubbie.
  • Cubbie Points (formerly Cubbie Credits) means the loyalty units described in Section 9.
  • Berries means the promotional units for Vendors described in Section 9A.
  • Buyer Content and Vendor Content mean content uploaded, submitted, or otherwise transmitted to the Service by a Buyer or Vendor, respectively.

3. Eligibility and accounts

You must be at least 18 years old and able to form a binding contract under applicable law. If you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization, and “you” means both you individually and the organization. You agree to provide accurate registration information, keep it current, and protect your credentials. You are responsible for activity that occurs under your Account.

We may decline, suspend, or terminate Accounts that we reasonably believe present fraud, sanctions, abuse, or other risk, or that violate these Terms. We use automated tools, including AI, to review new accounts, and their result can open, hold, or decline an account. You can ask for a person to review a decision about your account, as described in Section 4.3 of our Privacy Policy.

4. The Service

Cubbie operates a trust-ranked software procurement marketplace. The Service helps Buyers discover, compare, evaluate, purchase, deploy, manage, optimize, and renew software, and helps Vendors reach Buyers, list offers, and manage their commercial relationships. The Service includes:

  • Search, comparison, and discovery features for software products and offers.
  • Checkout for offers that support it, with related payments, refunds, and disputes.
  • Subscription management (tracking, renewals, cancellations, registry).
  • An AI software advisor and other AI features that may produce insights, recommendations, drafts, and summaries.
  • Cubbie Points for Buyers, Berries for Vendors, and partner programs.
  • Optional promotional services for Vendors, labeled as sponsored or promoted where they appear.
  • Integrations with third-party identity providers, billing platforms, mailboxes, and accounting systems.
  • APIs, an MCP server for AI agents, and embeddable widgets.

We may add, change, suspend, or remove features at any time. We will use commercially reasonable efforts to notify you of material changes that adversely affect a paid service you have bought from us.

4.1 Widgets and badges

Vendors and Partners may embed Cubbie widgets and badges on websites they control, using the code we provide and without changing what the widget shows. We grant you a limited, revocable license to do this while you hold an Account. Widgets load from Cubbie, and we record when and where they are displayed so we can confirm the installation and, where offered, credit Berries. We may change or turn off a widget at any time, and you must remove it if we ask or when your Account ends.

4.2 APIs, the MCP server, and AI agents

You may use Cubbie’s APIs and MCP server under our developer documentation and the limits attached to your key. Some catalog tools are available without a key. Keep your keys confidential; we may revoke or limit a key at any time to protect the Service. If you connect an AI agent or other software to your Account, anything it does with your key or session is done on your behalf, and you are responsible for it. An agent can propose an Order, but an Order is placed only after a person in your organization approves it or, if your organization sets spending limits that allow automatic approval, when it falls within those limits. Information returned through the API, including catalog content written by Vendors or produced by automated research, is provided as is and may be inaccurate.

5. Buyer terms

5.1 Orders

If you buy an offer through Cubbie checkout, you authorize Cubbie to charge the payment method you provide for the total shown at checkout. Cubbie is the merchant of record for those payments unless the offer says otherwise. Cubbie does not charge you any fee on that purchase and does not add anything to the vendor’s price. An Order is binding once accepted; refunds and cancellations follow the Refund Policy in effect at the time of the Order, which is accessible at checkout and on the relevant offer page.

Cubbie checkout is not taking payments at the moment. While it is not, completing a payment step records your request, no payment is taken, and no Order is placed. Offers that cost nothing, and purchases that go to your organization’s approvers, work as usual.

5.2 Vendor relationships

Many products in the marketplace are produced and supported by independent Vendors. Your license to use a Vendor’s software, the support you receive, and the way the Vendor handles your data are governed by the Vendor’s own terms (e.g., the Vendor’s end-user license agreement, master subscription agreement, or order form). Cubbie is not a party to those agreements unless we expressly say so. You should review the Vendor’s terms before purchase.

5.3 Subscription management

If you elect to track subscriptions through Cubbie, you authorize us to use the data you provide (including data fetched from connected identity providers, billing platforms, mailboxes, bank and card connections, and Vendor portals) to surface renewal alerts, cancellation flows, and recommendations. Connecting an account alone does not authorize a cancellation. When you explicitly confirm a cancellation through Cubbie, you authorize us to transmit that request to the relevant Vendor on your behalf via supported channels (e.g., authenticated APIs, secure forms, or, where allowed, a structured email), and to access relevant responses to track its progress. Requests may identify Cubbie as the service assisting you. You must have authority to use the connected account and manage the subscription.

A submitted request is not a completed cancellation. Cubbie distinguishes a pending request from a confirmed cancellation and may ask you to take further action. The Vendor’s contract, notice requirements, effective dates, and charges continue to apply. You remain responsible for confirming cancellation with the Vendor and for your contractual obligations.

You may disconnect your email account at any time. If access is revoked or expires, affected features pause when we detect the loss of access, and we notify you. Disconnecting does not recall requests already sent or restore a canceled subscription. Saved subscription records and cancellation history remain subject to the retention and deletion provisions in our Privacy Policy.

5.4 Refunds and disputes

Refunds, cancellations, chargebacks, and disputes are governed by the Refund Policy linked from each offer and our published cancellation flows. We may withhold refunds where we reasonably suspect fraud, abuse, or breach of these Terms. If your bank issues a chargeback, we may suspend your Account pending resolution.

6. Vendor terms

6.1 Listings and accuracy

If you list products or offers on Cubbie, you represent and warrant that your listings are accurate, lawful, and not misleading; that you have all rights necessary to sell the products and license the materials you upload; and that you will keep listings current (including prices, plan terms, product capabilities, and availability). We may remove or edit listings that violate these Terms or our Acceptable Use policy, that we reasonably believe to be misleading, or that present material risk to Buyers.

6.2 Fees and payouts

Our vendor fee model is: Vendors pay 0% on customers from Cubbie for the first 6 months after their company's account is created, then 5% on customers from Cubbie. No listing fees, no subscriptions, no pay-to-play. The fee for an order is set when the order is placed, so an order placed in the first 6 months after your company’s account is created carries no Cubbie fee. Optional paid services are covered by Section 6.5. See our Fees page. This fee is not in effect. Before that fee applies to you, we will update these Terms, give you advance notice, and ask you to accept it, and it will not apply to a transaction completed before you accept. If a Buyer pays for your offer through Cubbie checkout, we pay the amount collected to your payout account, less any refunds, chargebacks, and disputes on that transaction, and we may hold amounts reasonably needed to cover them. We may also deduct the processing costs our payment provider charges on that transaction; these are passed through at cost and are not a Cubbie fee. You are responsible for any taxes on your sales except those Cubbie is required by law to collect or remit. While Cubbie checkout is not taking payments (Section 5.1), no amounts are collected for Vendors.

6.3 KYB and verification

Vendors must complete Know-Your-Business (KYB) verification before payouts begin. You agree to provide truthful documentation, including legal entity information, beneficial ownership details, and tax identification (e.g., W-9 / W-8). Failure to maintain valid KYB or to keep information current may result in held or returned payouts.

Revenue verification. Verifying your company’s revenue is optional. If you share your payout account’s deposits or upload bank statements, you confirm that you are authorized to share them and that any statement you upload is genuine and unaltered. A person at Cubbie decides whether your revenue is verified. We do not publish your revenue figures. You can turn Verify revenue off at any time. What we receive, keep, and delete is described in Section 5.6 of the Privacy Policy.

6.4 Buyer relationships

You are responsible for delivering the software, support, and SLAs you list.

6.5 Optional paid services

If you buy an optional paid service, its price and terms are shown before you pay and apply to that purchase. Any refund follows those terms and applicable law. Paid services for Vendors are not taking payments at the moment: completing a purchase step records your request and takes no payment. Sponsored or promoted placements are labeled as such where they appear. They never influence organic ranking or trust scores, and buying one does not change how your products rank.

6.6 Profiles Cubbie creates, and claiming them

Cubbie may publish a profile for a software product before its Vendor joins, using information from public sources such as the Vendor’s own website. A Vendor that controls the product’s website can claim the profile and then edit most of its content. Some fields, such as Cubbie’s rankings and trust signals, remain Cubbie’s and cannot be edited by Vendors. If you use a Cubbie tool that drafts profile content for you, including with AI, the draft is a suggestion: nothing is published until you accept it, and once you accept it, it is your content under Section 6.1.

7. Acceptable use and security

Your use of the Service is governed by our Acceptable Use Policy, which is incorporated into these Terms. Without limiting that policy, you agree not to:

  • Violate any law, regulation, or third-party right.
  • Submit false, misleading, infringing, or defamatory content.
  • Reverse-engineer the Service except where law prohibits restriction.
  • Probe, scan, or test the vulnerability of our systems without our prior written permission.
  • Use automated means to scrape, copy, or aggregate Cubbie content beyond what is permitted by our robots.txt and our APIs.
  • Interfere with the Service’s integrity, including by uploading malware or by abusing rate limits.
  • Misuse Cubbie Points, Berries, promotional offers, or other promotional mechanics.
  • Use the Service to compete with Cubbie’s core marketplace function.

To report a security issue, email [email protected] with “Security report” in the subject line. A person reads those reports. Please give us a reasonable time to fix an issue before you disclose it, and do not access, change, or keep other people’s data while testing.

8. Payments, taxes, and currency

The vendor fee model and the notice and acceptance required before it applies are described in Section 6.2. Cubbie does not add a buyer fee. If you buy an optional paid service, its price and terms are shown before you pay and apply to that purchase. Paid services and Cubbie checkout are not taking payments at the moment; while they are not, completing a payment step records a request and no payment is taken. When you pay for something through the Service, such as an offer that supports Cubbie checkout, the payment is processed by our payment service provider (currently Stripe) and received by Cubbie. You authorize us to charge the payment method you provide through that provider and to share the information it needs. The price, including any tax we collect, is shown before you pay. Prices are in U.S. dollars unless otherwise indicated. Where we display prices in another currency, the U.S. dollar settlement amount is calculated using the FX rate snapshot taken at checkout, which we record. You are responsible for any currency conversion or international fees your bank charges, and for any taxes that we are not required by law to collect or remit.

9. Cubbie Points

Cubbie Points are a loyalty reward for Buyer workspaces. New Points are earned only on eligible purchases paid through Cubbie, at the rate and any bonus shown for the offer and confirmed at checkout. Standard eligible offers may earn up to 1% of the paid purchase amount. Taxes, fees, discounts, amounts paid with Points, refunded amounts, imported invoices, connected software, and purchases paid directly to a Vendor do not earn new purchase Points. Eligible renewals earn Points only when their payment is collected through Cubbie and the renewal includes a Points award. A bonus applies only to the qualifying purchase described in its offer, subject to its company limit and end date. Existing earned Points and previously recorded promotional commitments retain their original terms.

Points belong to the Buyer workspace, rather than an individual teammate. Spending Points requires the workspace’s payment permission. Purchase Points remain pending until payment is confirmed, the purchase is fulfilled, and the stated hold has ended, normally at least 7 days. An unresolved dispute can extend this hold. New purchase Points normally expire 365 days after becoming available; the activity ledger shows the applicable date. Available Points can be applied to supported USD purchases or redeemed for the rewards available for your company and country. Reward availability, delivery options, approval requirements, and Points cost are shown before redemption. A reward that is not currently available cannot be redeemed. If delivery fails and no benefit was delivered, its Points are restored. A refund or payment reversal reduces the associated award proportionally; if those Points were already spent, future earnings may first repay the resulting adjustment. Canceling a future renewal does not by itself reverse Points from an earlier, fulfilled purchase that has not been refunded.

Points have no cash value, are not legal tender, cannot be exchanged for cash except where the law requires it, and may not be sold, transferred, or assigned except as we expressly allow. The value we show for a Point (currently $0.10) is a guide to what Points can be redeemed for in the reward catalog, not a cash value. We may reverse Points if the purchase that earned them is refunded, charged back, or otherwise reversed, or if they were credited by mistake, through a technical error, or through fraud or abuse. We may change earn rates, redemption options, expiry rules, and these program terms, or end the program, with reasonable notice. Rewards may be taxable to you, and we may issue Form 1099-MISC for redemption activity that crosses applicable U.S. reporting thresholds.

9A. Berries

Berries are a promotional unit for Vendors. A Vendor earns Berries by completing the actions described on the Berries page, such as completing a product profile, verifying its company, verifying its revenue, posting a qualifying offer, connecting company spend, keeping a Cubbie widget live, or inviting other companies. Berries can be used only on Cubbie, for the promotional services listed on the Berries page, such as sponsored placements, profile build-out, and customer case studies.

  • Berries have no cash value. They are not money, a deposit, or a gift card, and cannot be exchanged for cash, refunded, sold, or transferred to another account.
  • Cubbie does not currently sell Berries. If the Service shows a price for Berries, completing that step records a request, and no payment is taken.
  • Some rewards are paid once per company, are capped each month, or are held for up to 30 days before they can be used, as the Berries page shows. Each batch of Berries expires 12 months after it is added, on the date shown on the Berries page.
  • We may reverse Berries earned by mistake, through a technical error, through fraud or abuse, or for an action that is later undone.
  • Using Berries for a service places a request that Cubbie fulfills. Some services are not available at the moment. If we cannot fulfill a request, we return the Berries it held.
  • Sponsored placements and vendor-sponsored case studies paid for with Berries are labeled where they appear and do not change organic ranking or trust scores.
  • Berries are separate from Cubbie Points and cannot be converted into Points.
  • We may change how Berries are earned or used, or end the program, with reasonable notice. If we end it, unused Berries expire at the end of the notice period.

9B. Partner programs and perks portals

9B.1 Perks portals

Partners can run a perks portal powered by Cubbie, on a Cubbie address or their own domain, at no charge. Offers on a portal come from Vendors and are redeemed under each offer’s terms; Cubbie does not guarantee any Vendor’s offer. We record visits, clicks, sign-ups, and leads that start on a portal so the Partner can see results, and Partners see the applications Vendors send through their portal. Partners must follow Section 8 of our Acceptable Use Policy. We may pause or end a portal that breaks these Terms or that policy.

9B.2 Partner payout terms

  • Cubbie does not pay commissions or partner payouts at the moment. Commission figures shown in a Partner dashboard are estimates, and no amount is owed while payouts are unavailable.
  • When payouts are available, a commission is earned only on a purchase that a Buyer pays for through Cubbie checkout, that is attributed to your program under the attribution shown in your dashboard, and that is not refunded, charged back, or reversed. The rate and conditions are the ones shown for your program when the purchase is made.
  • You must give accurate payout and tax details and complete any verification we ask for. We may hold a payout until you do.
  • We may withhold or reverse a commission for a refund, chargeback, error, self-referral, fraud, or a breach of these Terms or our Acceptable Use Policy.
  • You are responsible for taxes on what you receive, and we may issue tax forms where the law requires.
  • We may change these payout terms with reasonable notice. A change does not reduce a commission already earned.

10. AI features

Cubbie’s advisor and other AI features use third-party machine-learning models (currently Anthropic’s Claude models, with Voyage AI for search matching) to generate text, summaries, recommendations, classifications, and drafts. These outputs may be inaccurate, incomplete, or out of date. You are responsible for evaluating outputs before relying on them, especially for any decision with material financial, legal, or operational consequences. We may store inputs and outputs to operate, secure, debug, and improve the Service. We do not use Buyer Content or Vendor Content to train AI models, and Anthropic does not train its models on the content we send it. We may impose usage limits and budget controls. AI outputs do not constitute legal, tax, accounting, investment, or professional advice. Section 4 of our Privacy Policy lists the features that use AI.

11. Intellectual property

We retain all right, title, and interest in and to the Service, the Cubbie marks, our software, models, content, and documentation, except for content you or third parties provide. Vendors retain ownership of their listings, trademarks, and product content. Buyers retain ownership of Buyer Content. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes during the term, subject to these Terms.

12. Your content

When you submit content to the Service (including listings, case studies, comments, attachments, contracts, and data), you grant Cubbie a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, transmit, modify (for formatting and indexing), display, and use that content as necessary to operate, secure, and improve the Service and to provide aggregated, de-identified analytics. You represent that you have all rights necessary to grant this license. We do not claim ownership of your content. You are responsible for backing up content that is important to you. If you are a Vendor, you also allow Cubbie to display your company name, trademarks, and logos to identify your products on the Service.

12.1 Customer references

If your organization holds a Cubbie account, Cubbie may identify your organization as a customer and display its name and logo on cubbie.com and in Cubbie’s marketing and promotional materials, solely to indicate that it uses the Service. We use a person’s own name this way only with that person’s express written consent. We will follow reasonable brand or trademark-use guidelines you give us, and we will not state or imply that your organization endorses Cubbie beyond the fact that it uses it. You may opt out at any time by writing to [email protected]; we will stop using your organization’s name and logo for this purpose within a reasonable time and remove them from materials we control going forward, though we are not required to recall materials already distributed.

13. Trust signals

Cubbie may use intent signals and trust-ranking inputs from the marketplace. Organic ranking and trust signals are never for sale: we do not accept pay-to-rank or vendor advertising influence in our trust ranking. Sponsored or promoted placements purchased under Section 6.5 are labeled where they appear and do not influence organic ranking or trust scores.

13.1 Case studies

A case study you publish must be written in your own words, must not be copied from any third-party website, and must describe a genuine customer engagement. We may remove a case study that breaks this section.

14. Privacy

Our handling of personal information is described in our Privacy Policy. If you process personal data through the Service on behalf of others (for example, a buyer enterprise managing employees’ subscription data), our Data Processing Addendum applies and is incorporated into these Terms by reference.

15. Confidentiality

Information one party shares that is reasonably understood as confidential (including non-public business terms, technical details, customer lists, and pricing) must be protected with the same degree of care the receiving party uses for its own confidential information, and at minimum reasonable care. The receiving party may use confidential information only to perform under these Terms and may disclose it only to its personnel and advisors with a need to know who are bound by similar confidentiality obligations. These restrictions do not apply to information that is or becomes public through no fault of the receiving party, was rightfully known prior to disclosure, is independently developed, or is required to be disclosed by law (with prompt notice where lawful). Notwithstanding the foregoing, Cubbie may identify a customer as a user of the Service and display its name and logo as described in Section 12.1 (Customer references).

16. Third-party services

The Service integrates with third-party services (e.g., identity providers, billing platforms, mailboxes, accounting systems, e-signature, analytics). Your use of those services is governed by their own terms. Product profiles and agency partner pages include an agency directory provided by 50Pros, an affiliated company described in Section 6.1 of our Privacy Policy, under 50Pros’ own terms. We are not responsible for third-party services and disclaim liability for them to the extent permitted by law.

Bank and card connections. If you link a financial account, the link is established by Plaid Inc. and is governed by Plaid’s End User Privacy Policy in addition to these Terms. You represent that you are authorized to link the account on behalf of the account holder. A connection used to find your software subscriptions is read-only and does not permit Cubbie to move funds. If you are a Vendor and link a payout account, Cubbie stores that account’s details encrypted and uses them only to send your payouts and, if you share that account’s deposits with Verify revenue on, to read its transaction history, read-only, to verify your revenue (Section 6.3). What Cubbie receives, retains, and deletes is described in Sections 2.1 and 5 of the Privacy Policy.

17. Beta features and previews

Features marked as “beta,” “preview,” or “experimental,” and paid services that are not taking payments, are provided AS IS, may change or be discontinued, and may carry additional usage restrictions disclosed at the time of access. They are excluded from any service commitments unless we expressly state otherwise.

18. Disclaimer of warranties

The Service is provided “as is” and “as available.” To the maximum extent permitted by law, Cubbie disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, secure, error-free, or free of harmful components, that results obtained from the Service will be accurate or reliable, or that any errors will be corrected. Cubbie does not endorse Vendor products and makes no representation as to their quality, fitness, security, or compliance, except where we expressly do so.

19. Limitation of liability

To the maximum extent permitted by law: neither party is liable to the other for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenues, lost data, or business interruption, arising out of or relating to these Terms or the Service, even if advised of the possibility of those damages. Cubbie’s aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amounts you paid Cubbie in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100). Some jurisdictions do not allow these limitations, so they may not apply to you.

20. Indemnification

You will defend, indemnify, and hold harmless Cubbie, its successors, and anyone acting on Cubbie’s behalf from any third-party claim, demand, or proceeding arising from (a) your breach of these Terms or our policies, (b) your content or your products, (c) your violation of law or third-party rights, or (d) your misuse of the Service. We will defend, indemnify, and hold you harmless from any third-party claim alleging that the Service, when used as authorized, infringes that third party’s intellectual property rights, except for claims arising from your content, your modifications, or combinations with non-Cubbie materials.

21. Governing law and disputes

These Terms are governed by the laws of the State of Delaware without regard to conflicts of law principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

21.1 Informal resolution

Before filing a formal action, you agree to send written notice of the dispute to [email protected] (see Section 25) and to attempt in good faith to resolve the dispute for at least sixty (60) days.

21.2 Binding arbitration

Except as set out below, any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be finally resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules then in effect. The seat will be Wilmington, Delaware. The arbitrator may award any remedy a court could award, but only on an individual basis.

21.3 Class action waiver

You and Cubbie agree to bring claims only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, representative, or private attorney general action. The arbitrator may not consolidate claims of more than one person.

21.4 Carve-outs

Either party may bring an action in a court of competent jurisdiction for injunctive or equitable relief to protect intellectual property rights or confidential information, or for small-claims actions within the small-claims jurisdiction limit. Statutory rights that cannot be waived (including under California, EU, and U.K. law where applicable) are not affected. If a claim asks for public injunctive relief and the law does not allow that request to be waived or sent to arbitration, a court decides that request after any individual claims are resolved in arbitration, and the court case waits until then.

22. Termination

You may stop using the Service at any time. We may suspend or terminate your Account immediately for cause (including breach of these Terms, fraud, abuse, or risk to other users) and otherwise on reasonable notice. Sections that by their nature should survive termination will survive (including ownership, confidentiality, fees owed, disclaimers, liability limits, indemnification, and dispute resolution).

23. Export and sanctions

You represent that you and your Account are not on a U.S. government sanctions list, and that you will not use the Service in a manner that violates U.S. export control or sanctions law (including OFAC programs).

24. Changes

We may update these Terms from time to time. If a change is material, we will provide reasonable advance notice (such as by email or in-product notice). Your continued use of the Service after the effective date of an updated Terms constitutes acceptance of the change. If you do not agree, you may stop using the Service. A change to Section 21 does not apply to a dispute that either party gave notice of before the change took effect.

25. Notices

Notices to Cubbie must be sent to [email protected] with “Legal notice” in the subject line. Notices sent this way are read by a person; other email to that address may be answered with the help of an automated assistant. Notices to you will be given via the email associated with your Account or via in-product notice. Notice is deemed given on the day of send for email and on the day of posting for in-product notices.

25A. Corrections, removal requests, and copyright notices

Corrections and removal. If your company appears on Cubbie and you want information corrected or your company’s profile taken down, email [email protected] from an address at your company’s own domain and tell us which profile. If you have claimed the profile, you can edit most of it yourself. We may ask you to confirm that you represent the company, and we may use automated tools to handle simple requests. We will correct the information or take the profile down within a reasonable time. We keep a short record of the request so the profile is not added again, and we may keep other records where the law or a legal process requires it. To stop our emails, see Section 2.4 of our Privacy Policy.

Copyright notices. If you believe content on Cubbie infringes your copyright, send a written notice to: Copyright Agent, Cubbie, 169 Madison Ave #2336, New York, NY 10016, or [email protected] with “Copyright notice” in the subject line. Your notice must include: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the material you say infringes, with enough detail for us to find it, such as its web address; (d) your name, address, telephone number, and email address; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act for the owner. We will disable access to the material and tell the person who posted it, if we can. We keep a copy of the notice and of the material.

Counter-notices. If access to your material was disabled and you believe it was a mistake or misidentification, send a counter-notice to the same address with your signature, identification of the material and where it appeared, a statement under penalty of perjury that you have a good-faith belief it was disabled by mistake or misidentification, and your name, address, and telephone number, with your consent to the jurisdiction of the federal district court for your address (or, if you are outside the United States, any judicial district in which Cubbie may be found) and to service of process from the person who sent the original notice or that person’s agent. We will send a copy of your counter-notice to that person and, unless they tell us they have filed a court action, restore the material no less than 10 and no more than 14 business days after we receive your counter-notice. We suspend or terminate the Accounts of repeat infringers in appropriate circumstances.

26. General

  • Entire agreement. These Terms (including the Acceptable Use Policy, Privacy Policy, DPA, and the Refund Policy) are the entire agreement between you and Cubbie on the subject matter and supersede prior agreements.
  • Severability. If a provision is found unenforceable, the rest remains in effect.
  • No waiver. Our failure to enforce a provision is not a waiver.
  • Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to a company Rei Llazani forms to operate Cubbie, or in connection with a merger, acquisition, or sale of substantially all assets, with notice to you.
  • No agency. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship.
  • Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
  • Headings are for convenience and do not affect interpretation.

27. Contact

Questions about these Terms, privacy, security, or the Service can be sent to [email protected].

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