Legal

Terms of Service

Last updated: September 29, 2026

These Terms of Service (the “Terms”) govern access to and use of the cubista.io website (the “Site”) and the Cubista relationship intelligence platform and related services (the “Platform,” together with the Site, the “Services”) provided by Cubista, Inc. (“Cubista,” “we,” “us”). By accessing the Services or accepting these Terms, you agree to them on behalf of yourself and the organization you represent (“Customer” or “you”). If you do not have authority to bind that organization, do not use the Services.

Order of precedence. If Customer has signed a separate written agreement with Cubista covering the Platform (such as a master subscription, pilot, or order form), that agreement controls over any conflicting term here.

1. Access to the Services

Subject to these Terms and payment of applicable fees, Cubista grants Customer a non-exclusive, non-transferable right during the subscription term to access and use the Platform for its internal business purposes, for the number of users and scope in the applicable order form (“Order Form”). Customer may authorize its employees and contractors (“Users”) to use the Platform and is responsible for their compliance with these Terms and for keeping credentials secure.

2. Customer Data

“Customer Data” means data Customer or its Users submit to or connect with the Platform, including CRM, email, calendar, and meeting data. As between the parties, Customer owns Customer Data. Customer grants Cubista a limited right to host, process, and use Customer Data only to provide, secure, and support the Services and as described in our Privacy Policy. Cubista will not sell Customer Data or use it to train AI models made available to other customers. Cubista may use aggregated, de-identified data that does not identify Customer or any individual to operate and improve the Services.

Customer is responsible for the accuracy of Customer Data and for having all rights, notices, and consents required under applicable law (including privacy, securities, and financial-services regulations and Customer’s own client agreements) to provide it to Cubista.

3. Security

Cubista will maintain reasonable administrative, technical, and physical safeguards designed to protect Customer Data and will notify Customer without undue delay after becoming aware of a breach of security leading to unauthorized access to Customer Data.

4. AI Outputs

The Platform uses AI to generate insights, scores, summaries, and recommendations (“Outputs”). Outputs may be inaccurate or incomplete and are provided for informational purposes only. Outputs are not investment, legal, tax, or compliance advice. Customer is solely responsible for reviewing Outputs and for all decisions and communications it makes based on them, including compliance with its regulatory obligations. As between the parties, Customer owns Outputs generated from its Customer Data.

5. Acceptable Use

Customer will not, and will not allow anyone to:

Cubista may suspend access to prevent harm to the Services, other customers, or third parties, or for material violation of these Terms, and will give notice where practical.

6. Third-Party Services

The Platform integrates with third-party services (such as Google Workspace, Microsoft 365, and CRM providers). Customer’s use of those services is governed by their terms. Cubista is not responsible for third-party services and may stop supporting an integration if the provider changes or ends its availability.

7. Fees and Payment

Customer will pay the fees in the applicable Order Form. Unless the Order Form states otherwise, fees are invoiced annually in advance, due within thirty (30) days of invoice, non-refundable, and exclusive of taxes. Cubista may suspend the Services if undisputed fees are more than thirty (30) days overdue, after notice. Free trials and pilots are provided without charge for the stated period.

8. Confidentiality

Each party will use the other’s non-public information disclosed in connection with the Services (“Confidential Information”) only to perform under these Terms, protect it with reasonable care, and disclose it only to personnel and advisors who need to know it and are bound by similar obligations. These obligations do not apply to information that is public, already known, independently developed, or rightfully received from a third party. A party may disclose Confidential Information if legally required, after giving notice where permitted. Customer Data is Customer’s Confidential Information.

9. Intellectual Property and Feedback

Cubista and its licensors own all rights in the Services, including all improvements, and no rights are granted except as expressly stated. If Customer provides feedback, Cubista may use it without restriction or obligation.

10. Beta Features

Cubista may offer features identified as beta, preview, or pilot. They are provided “as is,” may change or be discontinued, and are excluded from any service-level commitments.

11. Term and Termination

These Terms remain in effect while Customer uses the Services. Subscriptions run for the term in the Order Form and renew as stated there. Either party may terminate for the other party’s material breach not cured within thirty (30) days of notice. On termination, Customer’s access ends, and Cubista will delete Customer Data within thirty (30) days after Customer’s request (or make it available for export on request during that period), subject to routine backup cycles. Sections 2 (last paragraph), 4, 7 (unpaid fees), 8, 9, and 12–16 survive.

12. Warranties and Disclaimer

Each party represents that it has authority to enter into these Terms. Cubista warrants that the Platform will perform materially as described in its documentation during a paid subscription term; Customer’s exclusive remedy for breach of this warranty is for Cubista to correct the non-conformity or, if it cannot, for either party to terminate the affected subscription and for Cubista to refund prepaid fees for the remaining term.

EXCEPT AS EXPRESSLY STATED, THE SERVICES AND OUTPUTS ARE PROVIDED “AS IS” AND CUBISTA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

13. Indemnification

Cubista will defend Customer against third-party claims alleging that the Platform, as provided by Cubista, infringes that third party’s intellectual property rights, and pay resulting damages finally awarded or agreed in settlement. This does not apply to claims arising from Customer Data, third-party services, or use of the Services in violation of these Terms. Customer will defend Cubista against third-party claims arising from Customer Data or Customer’s use of the Services in violation of law or these Terms, and pay resulting damages finally awarded or agreed in settlement. The indemnified party must give prompt notice, reasonable cooperation, and sole control of the defense to the indemnifying party.

14. Limitation of Liability

NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THEIR POSSIBILITY. EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO CUBISTA IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR $100 IF NO FEES WERE PAYABLE). THESE LIMITS DO NOT APPLY TO CUSTOMER’S PAYMENT OBLIGATIONS, A PARTY’S INDEMNIFICATION OBLIGATIONS, OR A PARTY’S BREACH OF SECTION 5 OR SECTION 8.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. The state and federal courts located in Miami-Dade County, Florida have exclusive jurisdiction, and each party consents to venue there. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.

16. General

Cubista may update these Terms by posting a revised version and, for material changes, giving notice through the Services or by email; changes take effect for Customer at the start of its next renewal term unless Customer agrees earlier. Neither party may assign these Terms without the other’s consent, except to a successor in a merger, acquisition, or sale of substantially all relevant assets. Cubista may identify Customer as a customer by name and logo only with Customer’s prior written consent. Neither party is liable for delays caused by events beyond its reasonable control. These Terms, together with any Order Form and the Privacy Policy, are the parties’ entire agreement on their subject. If any provision is unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver. Notices to Cubista go to legal@cubista.io.

17. Contact

Cubista, Inc. · legal@cubista.io