Welcome to CUBIS Terms of Use! We are truly excited to have you aboard. Thank you for choosing to use our services.

Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us and to make our services possible and more enjoyable for everyone. Intelligent Corporation offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.

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We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at info@cubis-company.com

 

1. Introduction

 

1.1. Our Purpose

 

Our services offer our users the ability to easily create a beautiful and highly functional online presence, manage and promote businesses, content, and ideas, and have an overall great experience doing so – without being tech-savvy or design gurus. We also provide our clients with advertising and marketing solutions, as well as services, concerning the establishment of companies and private ownership in various countries in Europe and in the USA. As it is detailed below, we offer our users numerous tools and features for creating, publishing, and use of stunning websites, online e-commerce platforms, newsletters, galleries, media players, mobile apps, and other online and mobile online and mobile applications, tools and services. The online and mobile websites and platforms created by Users are collectively referred to herein as (“User Platform(s)”). 

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1.2. Legal Agreement

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These CUBIS Terms of Use (“Terms of Use”), together with our Privacy Policy available at https://www.cubis-company.com/privacy-policy  (“Privacy Policy”), and such additional terms which specifically apply to some of our services and features as presented on the CUBIS website(s) (“CUBIS Website”, and collectively – the “CUBIS Terms”), all set forth the entire terms and conditions applicable to each visitor or user (“User” or “you”) of the CUBIS Website, the CUBIS mobile application (the “CUBIS App”), cubis Academy and/or any other services, applications, and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the CUBIS Website or the CUBIS App, or third-party partners collectively – the “CUBIS Services” or “Services”).

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The CUBIS Terms constitute a binding and enforceable legal contract between CUBIS - SCOUT Ltd. and its affiliated companies and subsidiaries worldwide (“CUBIS”, “us” or “we”) and you in relation to the use of any CUBIS Services - so please read them carefully.

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You may visit and/or use the CUBIS Services if you fully agree to the CUBISn Terms - and by using and/or registering to any of the CUBIS Services, you signify and affirm your informed consent to these Terms of Use and any other CUBIS Terms applicable to your use of any CUBIS Services. If you do not read, fully understand and agree to the ICUBIS Terms, you must immediately leave the CUBIS Website and avoid or discontinue all use of the CUBIS services.

By using our Services, you acknowledge that you have read our Privacy Policy available at http://www.cubis-company.com/privacy-policy (“Privacy Policy”).

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1.3. User Account

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In order to access and use certain sections and features of the CUBIS Services, you must first register and create an account with CUBIS (“User Account”) or speak with one CUBIS representative.

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If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the CUBIS Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.

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Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential and allow such access only to people you trust - us you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (also including any representations, warranties, and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.

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You must provide accurate and complete information when registering your User Account and using the CUBIS Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us. 

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In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such a determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license, etc) that may assist us in determining ownership. Among others, we may consider the principles set forth below.

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1. CUBIS will considers the owner of a User Account, User Platform, and/or User Content created and/or uploaded to the relevant CUBIS Service, as the person or entity who has access to the e-mail address then listed in CUBIS records for such User Account under which such User Platform or User Content was created.

2. If any Paid Services (as defined in Section 5 below) were purchased via a User Account, CUBIS will consider the owner of such User Account and/or the relevant User Platform and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). Notwithstanding the foregoing, when applicable if a User Platform was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS database provided on the www.whois.net website or on CUBIS database, CUBIS will consider the owner of such User Platform as the person or entity registered as the registrant of such domain thereunder. In the event that an individual and an organization are both registered as the registrant or the registrant organization of such domain, CUBIS will consider the organization as the actual owner of the domain, and therefore as the owner of the User Platform connected to such domain. In the event, the Billing Information indicates one person as the owner of the User Platform and the domain registration indicates a different owner, CUBIS shall consider the person registered as the owner of the domain connected to the CUBISn Account as the owner of the User Platform.

3. Notwithstanding the foregoing, Intelligent shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in the event, CUBIS deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by CUBIS.  

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2. Your Obligations

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2.1. You represent and warrant that:

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1. you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right, and freedom to enter into the CUBIS Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the CUBIS Terms;

2. you are not a resident of (or will use the CUBIS Services in) a country that the U.S. government or EU government has embargoed for use of the CUBIS Services, nor are you named on the U.S. Treasury Departments or EU Treasury Department's list of Specially Designated Nationals or any other applicable trade sanctioning regulations;

3. your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;

4. you understand that CUBIS does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;
   
   And specifically regarding your User Content:

5. you confirm that you own all rights in and to any content uploaded by you, or imported, copied, or uploaded by CUBIS Services for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, the information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents, and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;

6. you have (and will maintain) the full power, title, licenses, consents, and authority to allow CUBIS Services to access any websites, web pages, and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using your User Content.

7. the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for CUBIS and/or your End Users to access, import, copy, upload, use or possess in connection with the CUBIS Services;

8. you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission, and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

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2.2. You undertake and agree to:

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1. fully comply with all applicable laws and any other contractual terms which govern your use of the CUBISServices (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;

2. be solely responsible and liable with respect to any of the uses of the CUBIS Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the CUBIS Services);

3. regularly and independently save and back up any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;

4. receive from time to time promotional messages and materials from CUBIS or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;

5. allow CUBIS to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of CUBIS marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against CUBIS or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;

6. CUBIS sole discretion as to the means, manner, and method for performing the CUBIS Services, including those regarding the hosting, transmission, publication, and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).

7. CUBIS shall has the right to offer the CUBIS Services in alternative price plans and impose different restrictions as for the upload, storage, download, and use of the CUBIS Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, the volume of download time, number of subscribers to your Content, etc.

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2.3. You agree and undertake not to:

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1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the CUBIS Website, the CUBIS Services (or any part thereof), any Content offered by CUBIS or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without CUBIS prior written and specific consent and/or as expressly permitted under the CUBIS Terms;

2. submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of CUBIS or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;

3. use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;

4. phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;  

5. upload, insert, collect or otherwise make available  within the CUBIS Website or the CUBIS Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;

6. publish and/or make any use of the CUBIS Services or Licensed Content on any website, media, network or system other than those provided by CUBIS, and/or frame, “deep link”, “page-scrape”, mirror and/or create a browser or border environment around any of the CUBIS Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by CUBIS, in advance, and in writing;

7. use any “robot”, “spider” or other automatic devices, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the CUBIS Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the CUBIS Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the CUBIS Services;

8. act in a manner that might be perceived as damaging to CUBISreputation and goodwill or which may bring CUBIS into disrepute or harm;

9. purchase search engine or other pay-per-click keywords (such as Google AdWords), or domain names that use CUBIS or CUBIS Marks and/or variations and misspellings thereof;

10. impersonate any person or entity or provide false information on the CUBIS Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to CUBIS and/or any End Users;

11. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that CUBIS or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;

12. reverse lookup, trace, or seek to trace another User of CUBIS Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the CUBIS Services and/or User Platform without their expressed and informed consent;

13. disable, circumvent, bypass, or otherwise avoid any measures used to prevent or restrict access to the CUBIS Services, User Platform, the account of another User(s), or any other systems or networks connected to the CUBIS Services, by hacking, password mining, or other illegitimate or prohibited means;

14. the probe, scan, or test the vulnerability of the CUBIS Services or any network connected to the CUBIS Services;

15. upload to the CUBIS and/or User Platform or third-party partner platforms or otherwise use them to design, develop, distribute, and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

16. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the CUBIS Services or CUBIS systems or networks connected to the CUBIS Services, or third-party partners services or otherwise interfere with or disrupt the operation of any of the CUBIS Services or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

17. use any of the CUBIS Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;

18. access to CUBIS Services, User Accounts, Licensed Content, and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.

19. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or CUBIS Services, except as expressly permitted by the CUBIS Terms;

20. remove or alter any copyright notices, watermarks, restrictions, and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the CUBIS Services and/or Licensed Content; or

21. violate, attempt to violate, or otherwise, fail to comply with any of the CUBIS Terms or any laws or requirements applicable to your use of the CUBIS Services.

22. access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

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You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services. 

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3. Content and Ownership

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3.1. Your Intellectual Property

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As between CUBIS and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text, and literary works. CUBIS does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDNs, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.

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3.2. CUBIS Intellectual Property

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All rights, title, and interest in and to the CUBIS Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source, and object code, computer code (including HTML), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the CUBIS Services, methods, products, algorithms, data, interactive features, and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names, and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to CUBIS.

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Subject to your full compliance with the CUBIS Terms and timely payment of all applicable Fees, CUBIS hereby grants you, upon creating your User Account and for as long as CUBIS wishes to provide you with the CUBIS Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the CUBIS Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the CUBIS Terms, and solely within the CUBIS Services.

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The CUBIS Terms do not convey any right or interest in or to CUBIS Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the CUBIS Terms constitutes an assignment or waiver of CUBIS Intellectual Property rights under any law.

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In addition to the above, certain fonts made available to you within the CUBIS Services, are licensed to the CUBIS by a third-party provider and are therefore subject to additional license terms of such provider, which are summarized and available for your review at https://www.cubis-company.com/term-of-use.

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3.3. Feedback and Suggestions

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If you provide us with any suggestions, comments or other feedback relating to the CUBIS Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by CUBIS By providing such Feedback to CUBIS, you acknowledge and agree that it may be used by ICUBIS in order to: (i) further develop, customize and improve the CUBIS Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized CUBIS-related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which CUBIS may use to provide and improve its services, (vi) to enhance CUBIS data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third-party rights; (2) irrevocably assign to CUBIS any right, title, and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

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4. Privacy

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Certain parts of the CUBIS Services (including certain Third Party Services available therein, as further explained in Section 8 below) require or involve the submission, collection, and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the CUBIS Services, CUBIS, and such Third-Party Services may collect, access, and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the CUBIS Services and/or User Platforms. We encourage you to read our Privacy Policy and each such Third Party Service’s relevant policies on a regular basis, for a description of such data collection and use practices.

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5. Service Fees

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5.1. Paid Services​

The use of certain CUBIS Services may be subject to payment of particular fees, as determined by CUBIS in its sole discretion (“Paid Services” and “Fee(s)”, respectively). CUBIS will provides notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.

 

CUBIS reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, CUBIS shall has the right to automatically and without notice renew your subscription to such CUBIS Service(s) at the full applicable Fee.

 

All Fees shall be deemed to be in Euro or U.S Dollars, British pounds, except as specifically stated otherwise in writing by CUBIS. To the extent permitted by law (and unless specified otherwise by CUBIS in writing), all Fees are exclusive of all taxes (including value-added tax, sales tax, goods, and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable taxes relating to your use of the CUBIS Services, or to any payments or purchases made by you. If CUBIS is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees, or fees due to banks or credit card companies). CUBIS is not responsible for any such additional fees or costs.

 

As part of registering or submitting information to receive Paid Services, you also authorize CUBIS (either directly or through its affiliates, subsidiaries, or other third parties) to request and collect payment and service fees (or otherwise charge, refund, or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries CUBIS or its affiliates, may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company). You must keep a credit card stored with CUBIS to pay for your Paid Services (“Stored Card”). You will be able to identify your Stored Card by its last four digits on your Account Settings Page.

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5.1.1.

CUBIS services concerning the establishment and registration of companies and ownerships on behalf of its customers require a 100% advance payment of all relevant expenses (including CUBIS service fees), Third Party expenses (legal, accounting, lease, virtual office, etc) and fees, as well as state taxes and fees calculated on a yearly basis. Since all relevant amounts are calculated in advance, CUBIS assumes no responsibility (although we carefully monitor Third Party pricing and tax rates in our countries of interest) for any increases in such amounts that might occur due to changes in the pricing of Third Parties, which lie outside of CUBIS control. In such cases, the customer is solely responsible for payment of any extra amounts owed due to raises in prices and taxes. CUBIS will informs you of such amounts and is hereby authorized to charge your account or card with the relevant amounts.

Since all yearly contracts are to be paid in advance, the above also refers to yearly renewals for services. These amounts should also be prepaid in advance to CUBIS and failure to do so shall result in the immediate cessation of any CUBIS or Third Party services to you or your companies. In this case, CUBIS assumes no responsibility, and you or your companies shall be considered responsible and liable to any Third-party or state authorities for the payment of the relevant amounts.

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5.1.1.2

If for any reason the customer delays the payment the company has the right to cancel the delivery of the website or to request up to 10 times the value given to the customer.

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5.2. Invoices

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CUBIS and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by CUBIS (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such cases may be used for pro forma purposes only. 

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5.3. Subscription Auto-Renewals

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In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn off the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”)..

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For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, CUBIS will attempt to automatically charge you the applicable Fees using the payment method you have on file with CUBIS, within up to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel your User Account, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, CUBIS will endeavor to provide you notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.

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By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.  

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You may turn off the auto-renewal option for Renewing Paid Services at any time via your User Account or by sending an e-mail to info@cubis-company.com

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Certain domains are subject to a different renewal policy as detailed in the Domains Registration Agreement. Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the CUBIS Services you use (whether or not such CUBIS Services are subject to automatic subscription renewals).  Different renewal policies apply also for the yearly continuation and filing procedures for companies and ownerships which were established by our services to you. 

Accordingly, you shall be solely responsible with respect to any discontinuation of any CUBIS Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any CUBIS Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against CUBIS in relation to the discontinuation of any CUBIS Services or Third Party Services, for whatever reason.

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5.4. Money-Back Guarantee

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If you are not satisfied with CUBIS Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such CUBIS Services (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of CUBIS services which is for the server of the website  (as offered on the CUBIS Website). The Refund is not applicable to any additional purchases, upgrades, modifications, or renewals of CUBIS Services. If you reside in a jurisdiction that requires a longer Refund Period, we will, of course, be happy to accommodate such requirements in accordance with all applicable laws. If CUBIS receives such notice within such Refund Period, CUBIS will refund to you the amount CUBIS charged you for such CUBIS Services, in the currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different from the amount you were charged due to currency changes and third-party fees. CUBIS will not be responsible for any differences caused by the change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any CUBIS Services actually received, as permitted by law.

 

Please note: Certain services purchased on or through the CUBIS Services may be non-refundable. These include Third Party Services such as domains, business tools, state taxes, expenses of any kind (including tariffs), legal and accounting expenses, and applications. The terms of each purchased service or application are indicated on the CUBIS Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. CUBIS will not refund any amounts paid for non-refundable Paid Services, applications, or Third Party Services. 

Note also: This article does not refer to any Third Party expenses e.g. taxes, tariffs, legal, lease, or accounting expenses. In the event of a claim from you relating to such expenses, no refund is applicable.  In such a case all related services from Intelligent will immediately cease and you will be totally and solely responsible for settling and paying any due amount to the State authorities, the legal and accounting offices, or any Third Party. CUBIS assumes no responsibility towards any state authority or private party on your behalf, due to such a refund request.

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5.5. Chargebacks

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If at any time, we record a decline, chargeback, or other rejection of a charge of any payable Fees on your CUBIS account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the CUBIS Services may be automatically disabled or terminated. This applies also in cases of chargebacks for companies and private ownerships, especially if the chargeback refers to Third Party expenses e.g. taxes, tariffs, legal, lease, or accounting expenses. In the event of a chargeback, all related services from Intelligent will immediately cease and you will be totally and solely responsible for settling and paying any due amount to the State authorities, the legal and accounting offices, or any Third Party. CUBIS assumes no responsibility towards any state authority or private party on your behalf, due to such a chargeback request. 

 

In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications, and Third-Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).m

 

Your use of the CUBIS Services will not resume until you re-subscribe for any such CUBIS services, and pay any applicable fees in full, including any fees and expenses incurred by CUBIS and/or any Third Party Services for each Chargeback received (including Fees for CUBIS Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

 

If you have any questions or concerns regarding a payment made to CUBIS, we encourage you to first contact our Help Center before filing a Chargeback or reversal of payment, in order to prevent the CUBIS Services from being canceled and your User Account from being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to repayment of all the Fees applicable to the CUBIS Services purchased (and charged-back) by you.

 

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.