Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Destm Technologies Pvt Ltd ("Destm," "we," "us," or "our"), governing your access to and use of the CuberIQ platform, including our website, APIs, SDKs, documentation, and all related services (collectively, the "Service"). Please read these Terms carefully before using CuberIQ.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you may not access or use the Service. We may update these Terms from time to time, and your continued use of the Service after such changes constitutes acceptance of the updated Terms.

2. Account Registration

To use CuberIQ, you must create an account by providing accurate, current, and complete registration information. You are responsible for:

• Maintaining the confidentiality of your account credentials, including passwords and API keys.
• All activities that occur under your account, whether authorized by you or not.
• Notifying us immediately of any unauthorized use of your account or any other breach of security.
• Ensuring that all users within your organization who access the Service comply with these Terms.

We reserve the right to suspend or terminate accounts that contain false or misleading information, or that violate these Terms.

3. Acceptable Use

You agree to use CuberIQ only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Service to store, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable.
• Attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service.
• Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
• Use the Service to send unsolicited communications, spam, or bulk messages.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
• Use the Service to develop a competing product or service, or for benchmarking purposes without our prior written consent.
• Exceed published API rate limits or use automated means to access the Service in a manner that places undue load on our infrastructure.

4. Intellectual Property

Our IP: The Service, including all software, algorithms, AI models, user interfaces, designs, documentation, and underlying technology, is owned by Destm and is protected by intellectual property laws. These Terms do not grant you any right, title, or interest in the Service except for the limited license to use the Service as described herein.

Your Content: You retain all rights, title, and interest in your content that you create, upload, or manage through CuberIQ. By using the Service, you grant us a limited, non-exclusive license to host, store, process, and display your content solely for the purpose of providing the Service to you. This license terminates when you delete your content or close your account.

Feedback: If you provide suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback into the Service without obligation to you.

5. Payment Terms

Paid features of CuberIQ are billed in advance on a monthly or annual subscription basis. By selecting a paid plan, you agree to the following:

• All fees are stated in United States dollars and are non-refundable except as expressly set forth in these Terms.
• You authorize us to charge your designated payment method for all fees incurred under your account.
• Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date.
• We may adjust pricing with at least 30 days' written notice prior to the start of your next billing cycle.
• Overdue payments may incur interest at the rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is less.
• Usage-based charges (such as API calls, AI generation credits, or storage overages) are billed in arrears at the end of each billing cycle.

6. Cancellation and Refunds

You may cancel your subscription at any time through your account settings or by contacting our support team. Upon cancellation:

• Your access to paid features will continue until the end of your current billing period.
• No refunds will be issued for partial billing periods or unused portions of your subscription.
• Annual subscriptions may be eligible for a pro-rata refund within the first 30 days of the initial subscription term, subject to our review.
• After cancellation, your content will remain accessible in read-only mode for 30 days. After this grace period, your content may be permanently deleted.
• We reserve the right to terminate your account immediately if you materially breach these Terms, with or without notice.

7. Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DESTM TECHNOLOGIES DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. AI-GENERATED CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES AND SHOULD BE REVIEWED BY THE CUSTOMER BEFORE PUBLICATION. WE MAKE NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF AI-GENERATED OUTPUTS.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DESTM TECHNOLOGIES, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT; OR (D) ANY OTHER MATTER RELATING TO THE SERVICE. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNTS PAID BY YOU TO DESTM TECHNOLOGIES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (II) ONE HUNDRED UNITED STATES DOLLARS ($100).

9. Indemnification

You agree to indemnify, defend, and hold harmless Destm Technologies and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your content or any content published through your account; (c) your violation of these Terms; or (d) your violation of any third-party rights, including intellectual property, privacy, or publicity rights.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in San Francisco County, California, and you consent to the personal jurisdiction of such courts.

11. Dispute Resolution

Before filing any claim, you agree to attempt to resolve the dispute informally by contacting us at [email protected]. If the dispute is not resolved within 30 days, either party may initiate binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures. The arbitration shall be conducted in San Francisco, California, before a single arbitrator. The arbitrator's decision shall be final and binding. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction. Class action waivers apply to the extent permitted by applicable law.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and, for active subscribers, by sending an email notification at least 30 days before the changes take effect. If you do not agree to the modified Terms, you must discontinue your use of the Service before the effective date of the changes. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

If you have any questions about these Terms, please contact us at [email protected] or write to: Destm Technologies Pvt Ltd, Attn: Legal Department, 123 Innovation Drive, Suite 400, San Francisco, CA 94105.