Terms of Service

Last Updated: February 3, 2024

1. Introduction and Acceptance

Welcome to Cubic Search Inc. ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, products, and services (collectively, the "Services"), including but not limited to Sigma Domain, AI Tools Suite, Commercial Real Estate Search, and any other products or services we offer.

By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services. Your use of our Services signifies your acceptance of these Terms as of the date you first access our Services.

2. Eligibility and Account Registration

To use certain features of our Services, you may be required to create an account. You represent and warrant that:

You agree to notify us immediately of any unauthorized use of your account. We reserve the right to terminate accounts that violate these Terms or engage in fraudulent activity.

3. Use License and Restrictions

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for lawful purposes. You agree not to:

4. Intellectual Property Rights

All content, features, and functionality of our Services (including but not limited to text, graphics, logos, images, software, and code) are owned by Cubic Search Inc., our licensors, or other providers of such material and are protected by international copyright, trademark, and other intellectual property laws.

You retain all rights to any content you submit or upload to our Services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, and display your content in connection with providing our Services.

The names, logos, and trademarks of Cubic Search Inc. and our products (including but not limited to "Cubic Search," "Sigma Domain," etc.) are our exclusive property. You may not use these marks without our prior written consent.

5. User Content and Conduct

You are solely responsible for any content you post, upload, or transmit through our Services ("User Content"). You represent and warrant that your User Content:

We reserve the right to remove, disable, or modify any User Content at our sole discretion without notice or liability. We do not endorse or assume responsibility for any User Content.

6. Disclaimer of Warranties

IMPORTANT: Our Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied.

To the maximum extent permitted by law, we disclaim all warranties, including but not limited to:

We do not warrant that defects in our Services will be corrected or that our Services will meet your requirements.

7. Limitation of Liability

IMPORTANT: To the maximum extent permitted by law, in no event shall Cubic Search Inc., its officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or related to these Terms or your use of our Services, even if we have been advised of the possibility of such damages.

Our total liability under these Terms shall not exceed the amount you have paid to us in the past 12 months, or $100, whichever is greater. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability, so some of the above limitations may not apply to you.

8. Indemnification

You agree to defend, indemnify, and hold harmless Cubic Search Inc., its officers, directors, employees, and agents from any claims, damages, losses, costs, or expenses (including reasonable attorney fees) arising from or relating to:

9. Third-Party Links and Services

Our Services may contain links to third-party websites, applications, and services that are not operated by us. We are not responsible for the content, accuracy, availability, or practices of any third-party services. Your use of third-party services is at your own risk and subject to their terms and policies.

The inclusion of any third-party link does not imply our endorsement or affiliation with that third party.

10. Data and Privacy

Your use of our Services is also governed by our Privacy Policy. Please review our Privacy Policy to understand our data collection, use, and protection practices. By using our Services, you consent to our collection and use of data as described in our Privacy Policy.

11. Modifications to Services and Terms

We reserve the right to:

Your continued use of our Services following any modifications constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically for changes.

12. Termination

We reserve the right to terminate or suspend your account and access to our Services at any time, with or without notice, for any reason, including but not limited to:

Upon termination, your right to use our Services immediately ceases. We are not liable for any loss or damage resulting from termination.

13. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California.

14. Dispute Resolution

Before pursuing formal legal action, we encourage you to contact us at support@cubicsearch.com to resolve any disputes or concerns. We will make reasonable efforts to resolve disputes amicably.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements we have with you, constitute the entire agreement between you and Cubic Search Inc. regarding your use of our Services and supersede all prior negotiations, understandings, and agreements, whether written or oral.

17. Contact Information

If you have questions or concerns about these Terms, please contact us:

18. Acknowledgment

By accessing and using our Services, you acknowledge that you have read this entire Terms of Service agreement and agree to be bound by all of its terms and conditions. If you do not agree to these Terms, please do not use our Services.