Terms of Use

1. Acceptance

These Terms of Use (the “Terms”) form an agreement between Cube Access Inc. (“CubeCam”, “we”, “us”, or “our”) and the individual or entity using our service (the “Customer”, “you”). By signing in to or otherwise using the CubeCam platform, web and mobile applications, API, or any related service (collectively, the “Service”), you agree to these Terms. If you are accepting these Terms on behalf of an organization, you represent that you have authority to do so.

A separate written agreement may govern your use of the Service. Where that written agreement conflicts with these Terms, the written agreement controls.

2. The Service

CubeCam provides cloud-based camera-management software that customers use to connect their Axis network cameras to the cloud for live viewing, recording, playback, and remote access. The Service is delivered as software-as-a-service over the public internet and works with the cameras and edge storage deployed at your sites, supplied by you or your integrator.

We may change the Service over time. Material changes that adversely affect existing functionality will be communicated through the in-product release notes, the marketing site, or by email.

3. Accounts and access

You are responsible for the accuracy of your account information and for keeping your authentication credentials confidential. You must enable two-factor or multi-factor authentication where the Service supports it for accounts with administrative privileges.

You may invite users into your tenant. You are responsible for actions taken under your tenant by users you authorize, including any integrator or partner you grant access to.

4. Customer data

You retain all rights to the content you and your users input into or generate through the Service (“Customer Data”). You grant us a non-exclusive, worldwide license to host, process, transmit, and display Customer Data solely to provide and improve the Service, secure the platform, and as otherwise described in our Privacy Policy.

You represent that you have all rights and consents needed to provide Customer Data to the Service, including consents required to collect, store, and process video, badge, biometric, or other personal information about individuals whose data you handle.

5. Acceptable use

You agree not to:

• Use the Service in violation of any law or regulation.
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent expressly permitted by law.
• Resell, sublicense, or otherwise commercially exploit the Service without our written consent.
• Use the Service to send spam, malicious code, or content that infringes third-party rights.
• Interfere with the security or integrity of the Service or attempt to access another tenant’s data without authorization.
• Use automated means to access the Service in a way that exceeds reasonable usage or evades rate limits.

We may suspend access to investigate suspected violations and may terminate accounts that repeatedly violate these Terms.

6. Fees

If your use of the Service requires payment, fees, billing terms, and renewal behavior are described in your order form or subscription agreement with us. Late or unpaid amounts may result in suspension or termination. Fees are non-refundable except where required by law.

7. Third-party services

The Service integrates with third-party hardware, video, identity, and other services. Your use of those services is governed by the third party’s own terms, and we are not responsible for their availability, content, or practices.

8. Confidentiality

Each party may receive non-public information of the other (“Confidential Information”). The receiving party will use Confidential Information only to perform under these Terms, protect it with the same care it uses for its own confidential information (and not less than a reasonable degree of care), and disclose it only to personnel or agents who need it and are bound by similar confidentiality obligations.

9. Warranties and disclaimers

We will provide the Service with reasonable skill and care. Except as expressly stated in these Terms, the Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

The Service is a management tool for physical access control and is not a substitute for life-safety or emergency systems. You are responsible for designing your facility’s safety and life-safety provisions in accordance with applicable codes and standards.

10. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or business opportunity, arising out of or relating to these Terms or the Service. Our total liability arising out of or relating to these Terms or the Service will not exceed the fees paid by you to CubeCam in the twelve months preceding the event giving rise to the claim.

11. Indemnity

You will defend, indemnify, and hold harmless CubeCam from third-party claims arising out of your Customer Data, your violation of these Terms, or your violation of applicable law. We will similarly defend you against third-party claims that the Service, as provided by us and used as permitted, infringes that third party’s intellectual property rights.

12. Term and termination

These Terms apply for as long as you use the Service. Either party may terminate for material breach that remains uncured after thirty days written notice. We may suspend or terminate immediately for security incidents or for non-payment.

On termination, your right to use the Service ends and we may delete Customer Data after a reasonable transition period. You should export any data you wish to retain before termination.

13. Governing law

These Terms are governed by the laws of the State of Ohio, without regard to its conflict-of-laws principles. The state and federal courts located in Cuyahoga County, Ohio have exclusive jurisdiction over disputes arising out of these Terms, and each party consents to that jurisdiction.

14. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated through the in-product release notes, the marketing site, or by email at least thirty days before they take effect. Your continued use of the Service after the effective date constitutes acceptance.

15. Miscellaneous

These Terms, together with any order form or other written agreement between the parties, are the entire agreement between us regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. Neither party may assign these Terms without the other’s written consent, except to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets. Our failure to enforce a provision is not a waiver of our right to enforce it later.

16. Contact

CubeCam Inc., 6240 SOM Center Rd #110, Solon, OH 44139. Email: contact@cube-access.com. Phone: 216.245.9629.