Effective Date: These Terms of Service and EULA becomes effective immediately upon purchase, installation, access, or use of the Application.
Terms of Service and End User License Agreement
Important – Please Read Carefully
These Terms of Service & End User License Agreement (“Agreement” or “EULA”) is a legally binding agreement between you (“You”, “Customer”, or “Licensee”) and Cubic Logics, including its affiliated brands and subsidiaries (“Cubic Logics”, “Apps 365”, “Company”, “We”, “Us”, or “Our”).
This Agreement governs your access to and use of Cubic Logics’ proprietary software applications, add-ins, extensions, and cloud services made available through Microsoft AppSource, Microsoft Store, Microsoft Marketplace, Cubic Logics websites, or any other authorized platform (collectively, the “Application”).
By installing, purchasing, accessing, subscribing to, or using the Application, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and End User License Agreement (“Agreement”).
If you do not agree, do not install, access, or use the Application.
1. Definitions & Agreement Structure
1.2 Order of Precedence: In the event of conflict:
- DPA
- Order Form / Marketplace Terms
- SLA
- This EULA
1.3 “Application” means Cubic Logics’ proprietary software, including all updates, enhancements, and documentation.
1.4 “Subscription Term” means the paid access period stated in the applicable marketplace subscription or order.
1.5 “Confidential Information” means non-public business, technical, or financial information disclosed by either party, excluding information that is (a) publicly available, (b) rightfully known by the recipient prior to disclosure, or (c) independently developed without reference to the disclosing party’s information.
2. License Grant
The Application is licensed, not sold.
Subject to your compliance with this Agreement and payment of applicable fees, Cubic Logics grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Application solely for your internal business purposes during the Subscription Term.
No ownership rights, source code rights, or intellectual property rights are transferred under this Agreement. All rights not expressly granted are reserved by Cubic Logics.
3. User Access & Security
Access credentials are issued for authorized users only and must not be shared. You are responsible for all activities conducted under your account.
Cubic Logics may suspend or restrict access to protect security, integrity, or compliance with this Agreement.
4. Acceptable Use & Restrictions
You may not:
- Reverse engineer, decompile, or bypass security controls
- Copy, resell, sublicense, or distribute the Application
- Introduce malware or attempt unauthorized access
- Use the Application to build a competing product
- Perform automated scraping, excessive queries, or activities that degrade service performance
- Use the Application in violation of applicable laws, including export controls
Cubic Logics may suspend or terminate access for violations of this section.
5. Subscription, Billing & Auto-renewal
Subscriptions automatically renew for successive Subscription Terms unless customer provides written notice of non-renewal to [email protected] at least thirty (30) days prior to the end of the then-current Subscription Term. Upon renewal, subscriptions will renew at Cubic Logics’ then-current list price for the applicable subscription, unless otherwise expressly agreed in writing in an Order Form.
Failure to pay applicable fees may result in suspension or termination of access. Cubic Logics reserves the right to recover outstanding amounts using lawful means.
If Microsoft or Cubic Logics disables the Application due to policy violations or breach, all license rights terminate immediately.
6. Intellectual Property Rights
The Application, including all software, documentation, designs, trademarks, and proprietary materials, remains the exclusive property of Cubic Logics and its licensors.
Nothing in this Agreement grants you ownership or proprietary rights.
7. Third-party & Microsoft Components
The Application may include Microsoft services, open-source software, or third-party components governed by their respective licenses. No source code is provided except where required by applicable open-source licenses.
8. Documentation
Any documentation provided may be used solely for internal business reference during the Subscription Term and may not be redistributed without prior written consent.
9. Updates & Modifications
Cubic Logics may update or modify the Application from time to time. Security, compliance, or abuse-related updates may be applied immediately without notice. Where reasonably practicable, Cubic Logics will provide notice of material feature changes and will not materially reduce core functionality during an active Subscription Term without cause.
10. Support Services
Support is provided only for Applications developed and licensed by Cubic Logics and only during an active Subscription Term, as described in applicable documentation or SLA. Microsoft does not provide support unless expressly stated.
11. Data Protection & Privacy (GDPR Ready)
You retain ownership of all data submitted to or processed through the Application (“Customer Data”).
Cubic Logics acts as a data processor (or service provider) and processes Customer Data solely on documented instructions from you and in accordance with applicable data protection laws, including the GDPR, where applicable.
Cubic Logics will:
- Implement appropriate technical and organizational security measures
- Process Customer Data only to provide the Application
- Not sell or use Customer Data for advertising purposes
Where required, data processing is governed by Cubic Logics’ Data Processing Addendum (DPA), which forms part of this Agreement.
12. Artificial Intelligence Features
12.1 Nature of AI Services: Certain features of the Application use artificial intelligence and machine learning (“AI Features”). AI-generated outputs are probabilistic, may be inaccurate, incomplete, or biased, and are not guaranteed to be unique or correct. Cubic Logics makes no warranties regarding AI-generated outputs. You are solely responsible for reviewing and validating all AI-generated output before use.
12.2 AI Data Processing: Cubic Logics processes Customer Data submitted as inputs and the resulting outputs (collectively, “AI Data”) solely to provide the AI Features. AI Data remains Customer Data and is processed in accordance with the Data Processing Addendum (“DPA”).
12.3 AI Improvement & Training: Cubic Logics may use aggregated and anonymized AI Data, which does not identify you or any individual, to improve its AI services. You may opt out of this use at any time by providing written notice to [email protected] or via a request through our support form requests available on our website. The opt-out will apply prospectively.”
12.4 Third-Party AI Services: AI Features may rely on third-party AI models or services. Cubic Logics is not responsible for the performance or outputs of such third-party services and disclaims liability to the maximum extent permitted by law.
13. Confidentiality
Each party shall protect the other’s Confidential Information using reasonable care and shall use it only for purposes related to this Agreement. These obligations survive termination for five (5) years.
14. Export & Trade Compliance
You must comply with all applicable export control and sanctions laws. The Application may not be used or exported in violation of such laws.
15. Term & Termination
This Agreement terminates automatically upon expiration of the Subscription Term or upon material breach. Upon termination, all licenses cease and use of the Application must stop immediately.
16. Disclaimer Of Warranties
The application is provided “as is,” “with all faults,” and “as available.”
All warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, are disclaimed to the maximum extent permitted by law.
17. Limitation Of Liability
Customers may request a refund within fourteen (14) days from the date of initial purchase under the following circumstances:
- The Application or purchased features do not function substantially as described on the website or marketplace listing and the issue cannot be resolved after reasonable cooperation with Cubic Logics support.
- The Customer purchased an incorrect Cubic Logics product or license and notifies Cubic Logics within seven (7) days of purchase.
Refund requests must be submitted to [email protected].
17.1 Refund Exclusions: Refunds will not be issued where:
- The Application is not used in accordance with Cubic Logics documentation or instructions.
- Issues arise due to Customer infrastructure, configuration, or environmental changes.
- The issue results from the unavailability or malfunction of Microsoft 365 services or other third-party systems required for the Application to operate.
- The Customer modifies the Application without written authorization from Cubic Logics.
- The Application is combined with incompatible third-party products or services.
- The Customer no longer requires the software after purchase or changes their requirements.
- The Customer purchased the Application after completing a demo or trial where the functionality was demonstrated.
- Charges resulting from the Customer’s failure to cancel or provide notice of non-renewal before the applicable renewal notice period.
- The Application has been substantially used, configured, deployed, or integrated into the Customer’s operational or production environment during the refund eligibility period.
17.3 Refund Method: If a refund is approved, Cubic Logics may issue the refund through the original payment method or marketplace through which the Application was purchased, subject to the policies of the applicable marketplace provider. Approved refunds may be processed after deduction of reasonable administrative, processing, or transaction costs incurred by Cubic Logics.
17.4 One-Time Refund Limitation: Refunds, if approved, may be granted only once per Customer and per Application subscription and shall not apply to subsequent renewals, upgrades, or additional purchases of the same Application.
17.5 Marketplace Purchases: For purchases made through Microsoft AppSource, Microsoft Marketplace, or other third-party marketplaces or partners, refunds are subject to the applicable marketplace provider’s billing and refund policies.
18. Limitation Of Liability
To the maximum extent permitted by law, Cubic Logics’ total liability shall not exceed the lesser of USD $1,000, or Fees paid by you in the preceding twelve (12) months.
Cubic Logics shall not be liable for indirect, incidental, consequential, or lost-profit damages.
19. Indemnification
You agree to indemnify, defend, and hold harmless Cubic Logics from claims arising out of:
- Misuse of the Application
- Violation of applicable law
- Breach of this Agreement
20. Governing Law & Jurisdiction (US - only)
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of laws principles.
The state and federal courts located in Delaware, USA, shall have exclusive jurisdiction over any dispute arising out of or relating to this Agreement.
Nothing in this Agreement excludes or limits rights that cannot be waived under applicable mandatory consumer protection or data protection laws, including the GDPR.
21. Force Majeure
Cubic Logics shall not be liable for failure or delay caused by events beyond reasonable control, including acts of God, cloud service outages, governmental actions, labor disputes, or internet failures.
22. Entire Agreement & Changes
This Agreement, together with the Privacy Policy, DPA, SLA, and any supplemental terms, constitutes the entire agreement between you and Cubic Logics regarding the Application.
Cubic Logics may update this Agreement from time to time. Continued use after changes become effective constitutes acceptance.
Sections relating to intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, governing law, and any provisions which by their nature should survive termination shall survive
CONTACT INFORMATION
By installing, accessing, or using the application, you acknowledge that this EULA is effective, and you agree to be bound by its terms.
If you do not agree, do not install, access, or use the Application.
1. Definitions & Agreement Structure
1.2 Order of Precedence
In the event of conflict:
- DPA
- Order Form / Marketplace Terms
- SLA
- This EULA
1.3 “Application” means Cubic Logics’ proprietary software, including all updates, enhancements, and documentation.
1.4 “Subscription Term” means the paid access period stated in the applicable marketplace subscription or order.
2. License Grant
The Application is licensed, not sold.
Subject to your compliance with this Agreement and payment of applicable fees, Cubic Logics grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Application solely for your internal business purposes during the Subscription Term.
No ownership rights, source code rights, or intellectual property rights are transferred under this Agreement. All rights not expressly granted are reserved by Cubic Logics.
3. User Access & Security
Access credentials are issued for authorized users only and must not be shared. You are responsible for all activities conducted under your account.
Cubic Logics may suspend or restrict access to protect security, integrity, or compliance with this Agreement.
4. Acceptable Use & Restrictions
You may not:
- Reverse engineer, decompile, or disassemble the Application
- Circumvent security or technical safeguards
- Copy, resell, sublicense, lease, or distribute the Application
- Introduce malicious code or attempt unauthorized access
- Use the Application unlawfully or to build a competing product
Violation may result in immediate suspension or termination.
5. Subscription, Billing & Auto-renewal
Subscriptions automatically renew for successive terms unless you provide written cancellation notice at [email protected] at least 30 days prior to the end of the current Subscription Term.
Failure to pay applicable fees may result in suspension or termination of access. Cubic Logics reserves the right to recover outstanding amounts using lawful means.
If Microsoft or Cubic Logics disables the Application due to policy violations or breach, all license rights terminate immediately.
6. Intellectual Property Rights
The Application, including all software, documentation, designs, trademarks, and proprietary materials, remains the exclusive property of Cubic Logics and its licensors.
Nothing in this Agreement grants you ownership or proprietary rights.
7. Third-party & Microsoft Components
The Application may include Microsoft services, open-source software, or third-party components governed by their respective licenses. No source code is provided except where required by applicable open-source licenses.
8. Documentation
Any documentation provided may be used solely for internal business reference during the Subscription Term and may not be redistributed without prior written consent.
9. Updates & Modifications
Cubic Logics may update, modify, enhance, or discontinue features of the Application at its discretion. Continued use constitutes acceptance of such changes.
10. Support Services
Support is provided only for Applications developed and licensed by Cubic Logics and only during an active Subscription Term, as described in applicable documentation or SLA. Microsoft does not provide support unless expressly stated.
11. Data Protection & Privacy (GDPR Ready)
You retain ownership of all data submitted to or processed through the Application (“Customer Data”).
Cubic Logics acts as a data processor (or service provider) and processes Customer Data solely on documented instructions from you and in accordance with applicable data protection laws, including the GDPR, where applicable.
Cubic Logics will:
- Implement appropriate technical and organizational security measures
- Process Customer Data only to provide the Application
- Not sell or use Customer Data for advertising purposes
Where required, data processing is governed by Cubic Logics’ Data Processing Addendum (DPA), which forms part of this Agreement.
12. Confidentiality
Each party shall protect the other’s Confidential Information using reasonable care and shall use it only for purposes related to this Agreement. These obligations survive termination for five (5) years.
13. Export & Trade Compliance
You must comply with all applicable export control and sanctions laws. The Application may not be used or exported in violation of such laws.
14. Term & Termination
This Agreement terminates automatically upon expiration of the Subscription Term or upon material breach. Upon termination, all licenses cease and use of the Application must stop immediately.
15. Disclaimer Of Warranties
The application is provided “as is,” “with all faults,” and “as available.”
All warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, are disclaimed to the maximum extent permitted by law.
16. Limitation Of Liability
To the maximum extent permitted by law, Cubic Logics’ total liability shall not exceed the lesser of:
- USD $1,000, or
- Fees paid by you in the preceding twelve (12) months
Cubic Logics shall not be liable for indirect, incidental, consequential, or lost-profit damages.
17. Indemnification
You agree to indemnify, defend, and hold harmless Cubic Logics from claims arising out of:
- Misuse of the Application
- Violation of applicable law
- Breach of this Agreement
18. Governing Law & Jurisdiction (Us-only)
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of laws principles.
The state and federal courts located in Delaware, USA, shall have exclusive jurisdiction over any dispute arising out of or relating to this Agreement.
Nothing in this Agreement excludes or limits rights that cannot be waived under applicable mandatory consumer protection or data protection laws, including the GDPR.
19. Force Majeure
Cubic Logics shall not be liable for failure or delay caused by events beyond reasonable control, including acts of God, cloud service outages, governmental actions, labor disputes, or internet failures.
20. Entire Agreement & Changes
This Agreement, together with the Privacy Policy, DPA, SLA, and any supplemental terms, constitutes the entire agreement between you and Cubic Logics regarding the Application.
Cubic Logics may update this Agreement from time to time. Continued use after changes become effective constitutes acceptance.
Sections relating to intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, governing law, and any provisions which by their nature should survive termination shall survive
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