Terms And Conditions

Introduction

These Terms of Use (“TOU”) apply to your access and use of Cubes Platform’s products, services, website, and app that you purchase or sign up for on Cubes Platform websites and which are branded as “CUBES Surveys”, “CUBES Solutions”, “CUBES CPM” (collectively the “Service(s)”). These TOU do not apply to Services which are available solely through our enterprise sales channel.

Certain country-specific terms may also apply to you if you are located outside the United States (“Country-Specific Terms”). We refer to the Service-Specific Terms and Country-Specific Terms collectively as “Additional Terms” and the combination of these TOU and any applicable Additional Terms collectively as these “Terms.”

You agree to these Terms by clicking to accept these Terms, executing a document that references them, or using the Services.

If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.

1. Fees and Payments

1.1 Fees of Services.

You agree to pay to CUBES Platform any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify CUBES of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.

1.2 Subscriptions.

Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. YOU MAY CANCEL AUTO-RENEWAL ON YOUR SUBSCRIPTION AT ANY TIME, IN WHICH CASE YOUR SUBSCRIPTION WILL CONTINUE UNTIL THE END OF THAT BILLING CYCLE BEFORE TERMINATING.

1.3 Taxes.

Our prices listed do not include any taxes, levies, duties or similar governmental assessments of any nature such as value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”) unless otherwise indicated. You are responsible for paying Taxes associated with your purchase and keeping your billing information up to date.

(a) United States Sales Tax. If we have a legal obligation to pay or collect sales tax for which you are responsible, we will calculate the sales tax based upon the billing information we have about you and charge you that amount (which, if your billing information is incomplete or inaccurate, may be the highest prevailing rate then in effect), unless you timely provide us with a valid tax exemption certificate acceptable to the appropriate taxing authority.

To be timely, you must provide us with a tax exemption certificate before your initial purchase or upgrade, or, if you miss that mark, within 90 days after such purchase or upgrade;

If you provide us with a tax exemption certificate, you represent and warrant that it accurately reflects your tax status and that you will keep such document current and accurate.

If we have collected sales tax from you and subsequently determine in our sole discretion that your tax exemption certificate is valid, we will refund the sales tax collected based on applicable state tax laws.

(b) Non-United States Sales Tax. If applicable, we will charge you VAT, GST or any other sales, consumption or use taxes that arise in connection with your purchases of CUBES Services unless you provide us with a tax identification number that entitles you to an exemption, a valid tax exemption certificate or other documentary proof issued by an appropriate taxing authority that tax should not be charged. If you are located in a jurisdiction with multiple sales, consumption or use taxes, we may charge you the highest prevailing rate if your billing information is incomplete or inaccurate.

If you are required by law to withhold any Taxes from your payments to CUBES, you must provide CUBES with an official tax receipt or other appropriate documentation to support such payments.

1.4 Price Changes.

CUBES may change the fees charged to you for the Services at any time, provided that, for Subscriptions, the change will become effective only at the end of the then-current billing cycle of your Subscription. CUBES will provide you with advance notice of any change in fees.

1.5 Overage Fees.

Unless otherwise stated, any overage fees incurred by you will be billed in arrears. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service subject to applicable law.

2. Privacy

2.1 Privacy.

In the course of using the Services, you may submit content to CUBES (including your personal data and the personal data of others) or third parties may submit content to you through the Services (all of the above will be referred to as your “Content”). We know that by giving us your Content, you are trusting us to treat it appropriately. CUBES’ Privacy Notice, together with any Service-specific privacy notices or statements (collectively, “CUBES privacy notices”), detail how we treat your Content and we agree to adhere to those CUBES privacy notices. You in turn agree that CUBES may use and share your Content in accordance with the CUBES privacy notices and applicable data protection laws.

You also agree that you are responsible for notifying these third parties about the CUBES privacy notices. Our Data Processing Agreement also apply to and are supplemental to these Terms. Where there is a conflict between the Data Processing Agreement and these Terms, the Data Processing Agreement will prevail except with respect to Exclusion and Limitation of Liability where these Terms will prevail.