TERMS AND CONDITIONS
Welcome to the Terms and Conditions (“Terms”) that govern your use of the Cube Air Mobile Application (the “App”) and related Internet of Things services and associated products provided by Cube Air, LLC (“Cube Air”). By accessing or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.
Cube Air is the entity behind the App and associated products and services. We are a Limited Liability Company registered in Florida, US. Any references to “we,” “us,” or “our” under these Terms refer to Cube Air and affiliated parties.
If you have any inquiries, questions, feedback, ideas, or suggestions, or any issues, complaints, or problems with the App, you can contact us using the support section of the App or use the company information below. Please be respectful and kind when contacting our support team. If we determine that your message or communication with us is insulting, harassing, unfriendly, offensive, or inappropriate, we reserve the right to refuse you our support or suspend or terminate your use of the App.
Cube Air, LLC
323 SUNNY ISLES BOULEVARD,
7TH FLOOR
SUNNY ISLES BEACH,
FL 33160
You represent and warrant that:
• You are at least 18 years of age;
• You are legally competent to enter into and be bound by these Terms;
• You are not a person or in a location under the US or similar legislation list of banned persons or nationals; and
• Your use of the App and related services and products do not go against any applicable laws.
As a part of the registration process used by Cube Air for you to create an account to access and use the App, you must submit certain information as prompted, such as your name, email address, and password.
As part of the registration process, you will create a password that will allow you to log in to the App. You are responsible for maintaining the confidentiality of your password and for all activities that occur on your account. You agree not to share your password, let others access or use your password, or do anything else that might jeopardize the security of your password. All the information that you provide when registering for an account and otherwise through the App must be accurate, complete, and up to date. You may change, correct, or remove any information from your account by either logging into your account directly and making the desired changes or using the support section of the App.
The App enables you to create an account using third-party account login, including Apple, Google, and Facebook. This feature allows us to seamlessly create an account for you on the App and authenticate you. By using this feature to create an account, you authorize us to obtain the information you have on the applicable third-party account. You warrant that you own the third-party account and that the information on it is accurate.
We reserve the right to terminate your account if we determine that your use violates these Terms or any applicable laws. You also may terminate your account at any time by using the account deletion button under your profile.
The App collects, analyses, and stores air data submitted from your air purifying IoT devices that are set up by you and connected to the App in order to submit such data to the App. You represent and warrant that you have full legal authority to submit air data and information from any devices that you connect to the App. By using the App and connecting a device to it, you hereby grant Cube Air a worldwide, perpetual, royalty-free license to use, reproduce, distribute copies of, create derivative works of, and publicly display the information in connection with your use of the App. Cube Air is not responsible or otherwise liable for air data submitted to the App from devices except as expressly set forth in these Terms.
All intellectual property rights in and to the App and any related documentation, including the content and trademarks, are owned by Cube Air or its licensors. The App is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we do not grant you any express or implied rights in or to the App, and Cube Air and its licensors reserve all rights not expressly granted.
Subject to your compliance with these Terms, Cube Air hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the App and associated features and content solely for your personal, non-commercial purposes. This license is provided solely to allow you to use and enjoy the benefits of the App as intended by Cube Air.
This license is effective until terminated. Your rights under this license will terminate automatically without notice from Cube Air if you fail to comply with any of these Terms. Upon termination of this license, you must cease all use of the App and destroy all copies, full or partial, of the App in your possession or control.
You agree not to, and you will not permit others to:
• Copy, modify, or create derivative works based on the App or any part thereof.
• Distribute, transfer, sublicense, lease, lend, or rent the App to any third party.
• Reverse engineer, decompile, or disassemble the App, except to the extent that applicable law expressly permits, despite this limitation.
• Make the functionality of the App available to multiple users through any means, including without limitation by uploading the App to a network or file-sharing service, or through any hosting, service bureau, application services provider, or any other type of service.
• Use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
• Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of the App.
By submitting any content on or through the App (such as feedback or suggestions), you grant us a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in any media and through any distribution methods now known or later developed. You represent and warrant that you have all rights necessary to grant this license.
You are responsible for having all required software, hardware, and other system elements required for your use of the App, as well as for making sure that they are compatible and properly configured. You acknowledge that Cube Air cannot provide the App functions properly if requirements and compatibility are not met. You must have a working cellular and/or internet connection and other hardware, software, equipment, or items specified by Cube Air. We reserve the right to change any of the minimum system requirements at any time.
Cube Air cares about the integrity and security of its users’ personal information. Nevertheless, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You acknowledge that you provide your personal information and that your use of the App is at your own risk. Learn how we handle your information when you use the App by reading our Privacy Policy. By using the App, you agree that Cube Air can collect, use, and transfer your information consistent with its Privacy Policy.
By using the App, you consent to receiving service-related electronic communications from Cube Air, which may include notices about changes to our agreements, transactions, air data changes, and other information related to the App. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal requirements, including, without limitation, that such communications be in writing.
From time to time, Cube Air may provide updates, upgrades, patches, bug fixes, and other modifications to improve the technology infrastructure underlying the App (“Updates”). You acknowledge and agree that you may be required to install Updates to continue to access and use the App and related functions. You agree and consent to Updates being automatically installed without receiving any additional notice or providing any additional consent. Any Update provided to you is made on a license-exchange basis such that you agree, as a condition for receiving an Update, that you will terminate all of your rights to use any previous version of any software related to services and functions affected by the Update. However, you may continue to use such previous version to the extent to which it may be of assistance to you in transitioning to the Update. Once an Update has been released, Cube Air may cease support for previous versions, with or without any notice to you.
Cube Air reserves the right to, at any time, and with or without notice or further obligation to you of any kind whatsoever: (i) discontinue the production or distribution of, or change the design or specifications of the App; or (ii) suspend the App for security reasons, system failure, maintenance and repair, or other circumstances. Cube Air does not offer any specific uptime guarantee for the App.
These Terms continue in effect while you access and use the App. At any time, Cube Air may suspend or terminate your rights to access or use the App, or terminate these Terms, if Cube Air believes that you have used the App in violation of these Terms. Upon termination of these Terms, your right to use the App will automatically terminate. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, governing law & jurisdiction, and general provisions will survive any termination of these Terms.
As per your downloading of the App from either the Google or Apple Play Stores (each an “App Store”), this section applies. By downloading the App from an App Store, you agree that:
TO THE FULLEST EXTENT PERMITTED BY LAW, THE WARRANTIES EXPRESSLY STATED IN THESE TERMS ARE EXCLUSIVE AND ARE IN PLACE OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, OR ARISING FROM THE COURSE OF DEALING BETWEEN THE PARTIES OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. CUBE AIR DOES NOT WARRANT: (I) THAT EITHER THE APP OR THE PRODUCT OR SERVICES IS/ARE ERROR FREE; (II) IN ANY MANNER FOR PROBLEMS CAUSED BY YOU OR ANY THIRD-PARTY OR THING, INCLUDING WIRELESS CARRIERS, DATA CENTERS, BUILDINGS, ACCIDENTS, HILLS, NETWORK CONGESTION, TUNNELS, TOWERS, AND WEATHER; OR (III) USES REQUIRING FAIL-SAFE PERFORMANCE IN WHICH FAILURE OF A PRODUCT AND/OR THE APP COULD LEAD TO DEATH, SERIOUS PERSONAL INJURY, AND/OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE INCLUDING LIFE SUPPORT, MEDICAL DEVICES, AND NUCLEAR APPLICATIONS, FOR WHICH NEITHER THE PRODUCTS NOR THE APP IS DESIGNED AND WITH WHICH NEITHER THE PRODUCTS NOR THE APP SHOULD BE USED.
CUBE AIR MAKES NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT EITHER ANY PRODUCT OR THE APP: (I) WILL MEET YOUR NEEDS OR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR NETWORK OR DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (IV) WILL BE ACCURATE OR RELIABLE; OR (V) WILL GIVE NOTIFICATIONS AT ANY GIVEN TIME OR AT ALL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CUBE AIR OR THROUGH THE APP SHALL CREATE ANY WARRANTY. HUMAN ERROR IS ALWAYS POSSIBLE, AND THE RESPONSE TIME OF POLICE, FIRE, AND MEDICAL EMERGENCY PERSONNEL IS OUTSIDE THE CONTROL OF CUBE AIR. YOU MAY NOT RECEIVE ALERTS IF THE INTERNET, MOBILE COMMUNICATION OR TELEPHONE SERVICES, COMMUNICATION LINES, OR POWER IS INTERRUPTED FOR ANY REASON.
CUBE AIR WILL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE OF THE APP CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL CUBE AIR BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION, OR LOSS OF GOODWILL OR OPPORTUNITY) WHETHER OR NOT CUBE AIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
IN ANY EVENT, CUBE AIR’S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY IS YOUR RIGHT TO CANCEL YOUR ACCOUNT. IN NO EVENT WILL CUBE AIR’S LIABILITY TO YOU EXCEED THE GREATER OF HUNDRED DOLLARS ($100.00) OR ANY AMOUNTS ACTUALLY PAID BY YOU TO CUBE AIR FOR THE APP IN DISPUTE DURING THE ONE (1) YEAR PRECEDING THE DATE UPON WHICH YOUR CLAIM AROSE, WHICHEVER IS LESS. NO ACTION, REGARDLESS OF FORM, ARISING FROM, BASED ON OR RELATED TO THESE TERMS OR THE PROVISION OF THE APP MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE EVENT THAT GIVES RISE TO THE APPLICABLE CAUSE OF ACTION.
YOUR RIGHTS MAY VARY FROM STATE TO STATE, AND SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY DAMAGES AS CONTAINED IN THESE TERMS. IN SUCH JURISDICTIONS, CUBE AIR’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You hereby agree to indemnify, defend, and hold Cube Air (and its affiliates, representatives, agents, shareholders, directors, officers, employees, successors, and assigns) from and against claims, liabilities, damages, issues, disputes, actions, proceedings, losses, costs, and expenses (including reasonable legal fees) made by any third party due to your use of the App or breach of these Terms or any applicable laws.
This section applies to any disputes that may occur between you and Cube Air. You agree that if you have any disputes with us with respect to the App, you shall contact us at info@thecubeair.com to try and settle it informally for at least 30 days. If we are unable to resolve the dispute informally within 30 days, it will be settled by binding arbitration (rather than in court) except that you may assert individual claims in small claims court if they qualify.
You have the right to opt out of this arbitration section within 30 days of you accepting these Terms by sending your name, the email address associated with your account, and your request to opt out of arbitration.
If any portion of these Terms is found to be inconsistent with applicable law, then such term will be interpreted to reflect the intentions of the parties, and no other terms will be modified. Cube Air’s failure to enforce any portion of these Terms is not a waiver of such terms. These Terms contain the entire agreement between you and Cube Air with respect to the App and services, and supersede all prior or contemporaneous negotiations, discussions, or agreements between you and Cube Air.
Under California Civil Code Section 1789.3, California users may be entitled to the following consumer rights notice:
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
You may encounter links and content that lead to third-party services on the App. Third-party links are not governed by these Terms. Their practices are governed by the terms and policies on their platforms – please read them. By connecting to a third-party service through the App, you release Cube Air from any liabilities you may incur therefrom.
We reserve the right to update and change any provision of these Terms as a result of changes to the App or any applicable laws. Such changes shall be communicated to you via the notifications section of the App and/or your account email address. Changes shall become effective immediately after they are posted to this page – please review these Terms to be updated. Your continued use of the App after any changes represents your agreement with the changes made.
CUBE AIR PRIVACY POLICY
Effective Date: 08/06/2024
INTRODUCTION
This Privacy Policy outlines how Cube Air, LLC (“Cube Air”) collects, uses, shares, and protects the information of users of the Cube Air monitoring mobile application (the “App”) and related platforms and services. We are committed to protecting your privacy and handling your personal information responsibly.
By using the App, you consent to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the App.
The App and information collection practices on it are handled by Cube Air, a Florida-based Limited Liability Company. If you have any questions about this Privacy Policy and our privacy practices, please contact us using the support section of the App or directly mail us using the contact information below:
Cube Air, LLC
323 SUNNY ISLES BOULEVARD,
7TH FLOOR
SUNNY ISLES BEACH,
FL 33160
COLLECTION OF INFORMATION
Please note that we do not currently use cookies and similar technologies and third-party tracking tools to collect technical information, such as device properties, usage analytics, and movements on the App.
We may collect the following information from your use of the App:
• First and Last Names
• Email Address
• Password
• Cube Device ID or QR Code
• Photos
• Air data
• Transaction information
• Network SSID and passphrase
We may collect the above information from three sources, which may include the following:
• Directly from your submissions, such as when you fill out the registration form, reach out for support, and use any other forms on the App;
• Indirectly from third parties based on your approval, such as when you create an account through the third-party login/signup features (Apple, Google, or Facebook login); and
• Automatically from your cube air purifier device and Wi-Fi.
Please note that you are under no obligation to provide us with any information directly; however, we require this information to provide the App function.
REASONS FOR COLLECTING INFORMATION
We collect and use the information above for the following purposes:
• To enable you to create a profile and manage an account.
• To provide our services i.e., to enable you to monitor the air in your preferred location.
• To communicate with you and provide support services.
• To verify and authenticate your account.
• To comply with applicable laws.
• To enforce our Terms and Conditions.
• To improve the App.
SHARING OF INFORMATION
We do not share information about you with third parties except as described below:
• We may share personal information with third-party entities that provide some of the App features on our behalf. This may include – for example – sharing your profile data with Amazon as per our use of AWS for data storage purposes. By agreement, these third parties are obligated to only use your information to provide their services. They are not permitted to use it for anything else.
• We may share information with law enforcement agencies, including with respect to legal requests, such as subpoenas, court orders, and other summonses.
• We may share information with public and private entities if it helps us to protect our rights and property or the rights and properties of other users or third parties.
• We may share information with entities involved in a business transfer transaction with us. This may include transactions such as a sale of assets, merger, acquisition, and consolidation between Cube Air and other entities.
• We may also share information in ways not described in this section. However, such sharing will only be after you are notified and explicitly consent to it.
SECURING OF INFORMATION
Maintaining your privacy is of utmost importance to us. We collect very minimal information and limit it to the ones we need to operate the App and associated services. We employ both technical and standard security measures, including using the latest encryption on the App; storing collected information on a trusted and secure database; conducting security checks from time to time; not collecting payment method information to process in-app purchases; and using third parties who have strict privacy culture.
However, while we take extensive measures to secure your information, please bear in mind that it may not always be enough to address all threats. Also, you play a crucial role in maintaining the security of your account. You are encouraged to choose strong, unique passwords and promptly report any suspicious activity to us.
RETENTION OF INFORMATION
We retain information on active users of the App for as long as their account is active. This information may include your account information transaction details, and air data transmitted to the cloud by your physical device.
If you choose to deactivate your account or request a deletion of your information (or we close your account after a long period of inactivity), we act on your request and delete your information within 45 days of your request. This retention period helps us with audit, tax, accounting, and compliance with applicable laws. We may be required to retain personal information for longer periods to comply with our legal obligations, resolve disputes, prevent any legal claims, and enforce our Terms and Conditions. In that case, the information will be retained for the duration required by law.
INTERNATIONAL TRANSFER OF INFORMATION
Because we may work with third-party service providers outside of the United States, information about you may be transferred to and used in locations outside of the United States. However, we ensure the third-party service providers we engage with adhere to data protection standards with adequate security for your personal information.
YOUR PRIVACY RIGHTS
You may have the following rights concerning how we use your information, as may be provided to you under applicable laws:
SALE OF PERSONAL INFORMATION
Please note that we do not currently engage in practices described as the sale or sharing of personal information for monetary consideration, including for our advertising. However, users in Nevada can opt out of any future sale of their information by submitting a request to support@thecubeair.com.
CHILDREN PRIVACY
The App is intended for users aged 18 and above. We do not knowingly collect personal information from individuals under the age of 18. By using the App and submitting information to us, you represent that you are at least 18 years of age or that at least a parent or legal guardian supervises it. If you are a parent or guardian and believe that your child has provided us with personal information, please contact us immediately at support@thecubeair.com.
THIRD-PARTY LINKS
The App may contain links and content from third-party services and platforms. Such links are not controlled by Cube Air and are not subject to this Privacy Policy. Please review the privacy policies of third parties on their platforms when you click on their links on the App. We are not responsible for any loss of information related to your use of a third-party platform.
MODIFICATIONS
We may update and modify this Privacy Policy to reflect changes in our practices or applicable privacy laws. You may be notified of modifications via your email address or the notification section of the App. Upon modifying this Privacy Policy, it becomes effective. Your continued use of the App after any modifications to this Privacy Policy shall constitute your agreement with the modifications made.