Last updated: March 12, 2026
These Terms of Service ("Terms") govern your access to and use of the services provided by Cubite ("we," "us," or "our"), including our website at cubite.io, development platforms, LMS engineering services, and all related services. By accessing or using our services, you agree to be bound by these Terms.
Access to all development sites and subdomains under cubite.io and cubite.dev is granted solely in connection with active ongoing projects.
Upon project completion, expiration, or contract termination for any reason, your access will be revoked immediately.
Any attempt to access Cubite sites or services after contract termination is forbidden and may result in legal action.
You expressly authorize Cubite to charge your payment method on file for all invoices and authorized penalties without requiring further consent per invoice.
Payments are due on or before the invoice due date.
If payment is not received within one (1) calendar day after the due date (including weekends and holidays), Cubite will automatically charge the full unpaid invoice without further notice except two prior written reminders: 72 hours and 24 hours before auto-charging.
Failure to maintain a valid payment method authorizing such charges constitutes a material breach, permitting immediate contract termination.
This automatic payment authorization overrides any prior agreements or communications.
Late payments trigger an automatic penalty equal to three (3) months' worth of the monthly contract payment, charged 24 hours after final notice.
In addition, any disputes, chargebacks, or refund attempts regarding these charges will automatically incur an additional penalty equal to six (6) months' contract fees plus administrative costs.
These penalty charges are non-refundable and non-disputable by you.
You acknowledge and accept these penalty amounts as reasonable pre-estimates of damages, not punitive excesses.
Any attempt to revoke authorization or dispute charges accrued under these terms will be considered a material breach.
Any failure to pay within the specified timeframe results in automatic contract cancellation.
Access to source code, platforms, and all related services will be revoked immediately.
You agree to cease all use and acknowledge that failure to comply may result in legal action.
By accepting these terms, you expressly waive all rights to dispute any charges under this agreement, including unpaid invoices and penalties.
You agree not to initiate any chargebacks, disputes, or refund claims via Stripe or any financial institution.
Any violation of this waiver will result in immediate additional penalties as described in Section 3.
Cubite maintains the right to submit evidence of your explicit acknowledgment of these terms, invoice communications, and reminders in any dispute process.
You agree not to pursue complaints or claims against Cubite with regulators or consumer protection agencies related to these charges.
All custom code, designs, and deliverables created by Cubite remain the intellectual property of Cubite until full payment is received. Upon receipt of full payment, ownership of custom deliverables transfers to the client as specified in the project agreement.
Cubite retains the right to use general techniques, knowledge, and non-proprietary components developed during your project for other clients.
Open-source components used in your project remain subject to their respective licenses.
Cubite will maintain detailed audit logs of all invoice issuances, payment reminders, customer consents, charges, and communications.
You agree to receive all billing-related communications electronically and acknowledge their validity.
To the maximum extent permitted by law, Cubite's total liability for any claim arising from or related to our services shall not exceed the total fees paid by you during the twelve (12) months preceding the claim.
Cubite shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, regardless of the cause of action.
In the event that Cubite is unable to collect any unpaid invoices, penalties, or other charges through automatic collection via Stripe, both parties agree to resolve the dispute exclusively through binding arbitration on the Brief platform (thinkbrief.com).
This arbitration shall be conducted under Brief's rules and procedures and aims to provide an efficient, affordable, legally binding resolution without resorting to courts or traditional litigation.
Both parties waive any right to litigate such payment disputes in any court, agreeing instead to resolve all claims, controversies, or disputes regarding payment obligations through this arbitration process.
These terms supersede all prior agreements and amendments and may only be modified by explicit written agreement signed by both parties.
You acknowledge that the jurisdiction governing this agreement is clearly stated and you waive objections to venue.
We reserve the right to update these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. Continued use of our services after changes constitutes acceptance of the revised Terms.
If you have questions about these Terms, please contact us at hello@cubite.io.