Cubbit Legal - Terms of Service Business

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Published: 21st January 2022
Copyright 2022, Cubbit S.r.l.

Thank you for using Cubbit, we are pleased to welcome you to a more private, secure and sustainable cloud network, a space made by users for other users, where you can store, manage, share your files and collaborate on folders with friends or colleagues.

We encourage you to read this document carefully. If you sign up for a Cubbit Cloud account or use our Services, you agree to be bound to these Terms or to have the legal power to do so on behalf of the Customer.

6.1. Limited Licence. By using the Service, the Customer and its End User expressly grant Cubbit the licence to store, use, copy, transmit, distribute the files they choose to store or synchronize and the licence to copy, share or publish and distribute the content of the file to those being designated by them, either through the generation of a private or a public link.Cubbit will use those files for the sole purpose of providing the requested service. This limited permission shall also apply to any subcontractors or subprocessors of Cubbit.

6.2. Sharing, Collaborating and Confidentiality. The encrypted content of Customer Files will always be inaccessible to anyone unless you decide to make it available to others. The use of the Software allows you to access all the Service features, such as storage, synchronization and sharing of encrypted files and folders and also to assign individual roles and privileges to individual recipients (i.e. Admin, Editor, Viewer), in order to define how to collaborate with the selected folders.In particular, the Software allows to generate a custom encryption key for each single file that users wish to share externally, so that only the recipient of the file - who has the decryption key - actually has the right to access it.

6.3. Third-party Requests:

‍6.1. Limited Licence. By using the Services, Customers and authorised End Users expressly grant Cubbit the licence to store, use, copy, transmit, distribute the files they choose to store or synchronize and the licence to copy, share or publish and distribute the content of the file to those being designated by them, either through the generation of a private or a public link. Cubbit will use those files for the sole purpose of providing the Service you requested. This limited permission shall also apply to any of our subcontractors or subprocessors.

6.2. Sharing, Collaborating and Confidentiality. The encrypted content of Customer Files will always be inaccessible to anyone unless you decide to make it available to others. The use of the Software allows you to access all the service features, such as storage, synchronization and sharing of encrypted files and folders and also to assign individual roles and privileges to individual recipients, in order to collaborate with the selected folders.In particular, Services allow you to generate a custom encryption key for each single file that users wish to share externally, so that only the recipient of the file - who has the decryption key - actually has the right to access it.

6.3. Third-party Requests:
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6.3.1. Customer Responsibility. Considering that all files uploaded within the Cubbit account are encrypted by a user-side encryption key, of which Cubbit has no knowledge (as stated in paragraph 4 above), Customers, therefore, acknowledge and accept that they are solely responsible for responding to any requests for information coming from Third-Parties, through their access to the data stored in the account. Customers undertake to make every diligent effort to provide the information necessary to respond to requests from third parties and to contact Cubbit only if its intervention is not necessary under the circumstances.
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6.3.2. Cubbit Responsibility. If Cubbit receives a Third-Party Request relating to Customers, Cubbit will make any commercially reasonable efforts, to the extent allowed by law and by the terms of the Third-party Request, to: (i) notify Customers regarding the receipt of the Third-party Request; (ii) comply with the Customer's commercially reasonable requests regarding its efforts to oppose a Third-party Request; and (iii) provide Customers with the information or tools required to respond to the Third-party Request, if Customers are otherwise unable to respond to the Third-party Request. If Cubbit is prohibited from notifying Customers of a Third-Party Request or Customers fail to respond promptly to any Third-party Request, Cubbit may, but are not obligated to do so. In particular Cubbit may provide Service Data in response to a Third-party Request, to the limitations set out in paragraph 3, if Cubbit has reason to believe that this is necessary in order to (i) comply with the law or order issued by any legal authority; (ii) avoid violations of the rights of third parties; (iii) protect Cubbit's property or the personal safety of others Customers or End-Users or the public.

8.1. Subscription Plans. Access to the Services by Customers is subject to the purchase of a paid Subscription Plan, unless you subscribe to a free account. Customers will pay Cubbit the applicable fee for the selected Subscription Plan in the amount, conditions and currency specified in the Order Form. By subscribing to a Subscription Plan, you authorize Cubbit to charge the applicable fees, using the selected payment method. Fees are non-refundable, except when required by law or otherwise specifically permitted by these Terms.

8.2. Billing. Before purchasing a Subscription Plan or subscribing for a Free Trial, Customers may be required to provide complete and accurate billing and contact information together with details of the selected payment method. The amounts due according to the signed Subscription Plan and the number of connected End-Users accounts are invoiced in advance on a monthly or annual basis, depending on the choice made by the Customer. The purchase of additional accounts to the Subscription Plan are also invoiced in advance on a pro-rata daily basis with respect to the Customer's billing period.

8.3. Taxes. Fees shown on our website are considered inclusive of any taxes (even if they do not apply to you). It is the responsibility of the customer to remit any VAT relating to goods or services to the customer’s local revenue authorities.

8.4. Free trials. Before purchasing a Subscription Plan, Customers may be allowed to register and use the Services for a free trial period, for the duration and under the conditions expressly indicated at the time of subscription.

8.5. Auto-Renewals. Unless Customer notifies Cubbit before the termination, fees will be charged automatically at the end of the trial period, or at the end of the monthly or annual subscription, for each month, or year, depending on the billing period selected. Customers agree that the subscription shall be automatically renewed for a period of the same duration as the previous one, at the end of each billing period.

8.6. Changes. Cubbit reserves the right to change the prices, conditions and characteristics of any or all Subscription Plans. Such changes shall not affect any Subscription Plans still in force until the end of the subscription period. Customers will receive notice from Cubbit of changes in the economic conditions of the Subscription Plans, with at least thirty (30) days' notice. In this case, at the end of the term, Cubbit will charge the Customers the fee as updated and communicated to them, unless the Customer terminates the Subscription Plan.

8.7. Promotions. As part of promotional initiatives, Customers who meet the defined criteria are entitled to subscribe to special Subscription Plans at a discounted price, or with advantageous features and conditions for a limited time (the "Promotions"). Cubbit reserves the right to modify or terminate such Promotions with at least thirty (30) days' notice. All Promotions are subject to availability, cannot be transferred, exchanged or combined.

10.1. Cubbit does its best to make its technology simple, easy to use, secure and reliable. NEVERTHELESS, TO THE FULLEST EXTENT PERMITTED BY LAW, CUBBIT AND OUR SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SOFTWARE AND ANY SERVICE PERFORMED OR PROVIDED BY THE SOFTWARE ARE PROVIDED "AS IS" AND “AS AVAILABLE.” WE ALSO DISCLAIM ANY WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE DUE TO THE CUBBIT NETWORK OR SOFTWARE OR THAT THE SOFTWARE WILL BE ABLE TO MEET ALL USER REQUIREMENTS OR THAT ANY DEFECTS WILL BE CORRECTED. THEREFORE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU ARE AWARE OF THE ESSENTIAL CHARACTERISTICS OF THE DISTRIBUTED CLOUD SERVICE AND ACCEPT THE RISK OF ITS FUNCTIONALITY IN RELATION TO YOUR OWN NEEDS AND EXPECTATIONS. Some jurisdictions may not allow such limitations, so they may not apply to you. These limitations in particular do not override consumer legal protections, including legal guarantees under European law. 10.2 WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY IN COUNTRIES WHERE SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW. SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. IF YOU ARE AN EU OR UK CONSUMER, THESE TERMS DO NOT EXCLUDE OUR LIABILITY FOR LOSSES RESULTING FROM (A) CUBBIT’S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) CUBBIT’S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CUBBIT AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE UNDER THE AGREEMENT FOR ANY DIRECT AND/OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND ANY OTHER ECONOMIC LOSS) SUFFERED BY YOU AND/OR THIRD PARTIES AS A RESULT OF AND/OR IN CONNECTION OR RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES (II) ANY CHANGES MADE TO THE SERVICES OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICES OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.

10.3. You agree to defend, indemnify and hold Cubbit and its agents, partners and contractors harmless from any claims, actions and demands made by third parties against all losses, damages, liabilities, costs and charges, including any legal fees that may be incurred by Cubbit as a consequence or related to: (i) content of data transmitted or put online by you, for whatever reason, and/or otherwise stored in the Cubbit Network; (ii) your use of the Services; (iii) your violation of these Terms; (iv) violation of the rights of third parties The provisions of this paragraph shall remain valid and effective even after the termination of this contract for any reason.

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