Last Updated: January 20, 2024
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Cubemobi Network Technology Limited ("Cubemobi", "we", "us", or "our") governing your access to and use of our website, mobile advertising platform, and related services (collectively, the "Services").
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
For the purposes of these Terms:
Cubemobi provides a mobile advertising platform that enables:
We strive to maintain the availability of our Services, but we do not guarantee uninterrupted or error-free operation. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.
Our Services may integrate with or contain links to third-party services. We are not responsible for the content, terms, or practices of any third-party services. Your use of third-party services is at your own risk.
To access certain features of the Services, you must register for an account. When creating an account, you agree to:
To register for an account, you must:
You are solely responsible for maintaining the confidentiality of your account credentials. We are not liable for any loss or damage arising from your failure to protect your account information.
You agree not to:
All Content submitted through the Services must comply with our content policies and applicable laws. Prohibited content includes, but is not limited to:
As an Advertiser, you agree to:
We reserve the right to review, approve, or reject any Campaign at our sole discretion. We may suspend or terminate any Campaign that violates these Terms or our policies.
We provide performance metrics and reporting through our Platform. While we strive for accuracy, we do not guarantee the completeness or accuracy of all metrics. Our internal records shall be the authoritative source for billing purposes.
As a Publisher, you agree to:
We employ fraud detection and traffic quality measures. We reserve the right to reject traffic, withhold payment, or terminate your account if we detect fraudulent or invalid traffic.
Publisher payments are made according to the payment terms specified in your publisher agreement. We may withhold payment pending investigation of suspected fraud or policy violations.
Fees for the Services are specified in your account or separate agreement. All fees are quoted in the currency specified and are exclusive of applicable taxes unless stated otherwise.
We accept payment via the methods specified on our Platform, which may include:
| Billing Type | Description |
|---|---|
| Prepaid | Funds are deposited in advance and deducted as campaigns run. |
| Postpaid | Monthly invoicing based on actual spend (subject to credit approval). |
Late payments may incur interest at the rate of 1.5% per month or the maximum rate permitted by law. We may suspend Services for accounts with overdue balances.
Prepaid funds are generally non-refundable except as required by law or at our sole discretion. Unused funds may be refunded upon account closure, subject to any outstanding obligations.
The Platform, Services, and all associated intellectual property are owned by Cubemobi or our licensors. Nothing in these Terms grants you ownership rights to our intellectual property.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes.
You retain ownership of Content you submit through the Services. By submitting Content, you grant us a worldwide, royalty-free license to use, reproduce, modify, and display such Content as necessary to provide the Services.
Any feedback, suggestions, or ideas you provide about the Services may be used by us without obligation to you.
Each party agrees to keep confidential any non-public information received from the other party, including but not limited to:
Confidentiality obligations do not apply to information that is publicly available, independently developed, or disclosed pursuant to legal requirements.
To the maximum extent permitted by law, we disclaim all warranties, including but not limited to:
To the maximum extent permitted by law, Cubemobi shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
Our total aggregate liability for any claims arising out of or related to these Terms or the Services shall not exceed the greater of:
You agree to indemnify, defend, and hold harmless Cubemobi, its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
You may terminate your account at any time by providing written notice to us. Termination does not relieve you of any outstanding payment obligations.
We may terminate or suspend your access to the Services at any time, with or without cause, including but not limited to:
Upon termination:
These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China, without regard to conflict of law principles.
Any dispute arising out of or relating to these Terms shall be resolved through:
For any matters not subject to arbitration, you agree to submit to the exclusive jurisdiction of the courts of Hong Kong.
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
Your continued use of the Services after any changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services.
If you have any questions about these Terms of Service, please contact us:
These Terms, together with any additional agreements you enter into with us, constitute the entire agreement between you and Cubemobi regarding the Services.
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms at any time without notice.
Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.