TERMS OF SERVICE

Last updated September 21, 2023

The services provided under these Terms of Service ("TOS") are offered by Cubitrix, Inc., a company registered in South Korea, doing business as Cubitrix ("Company," "we," "us," or "our"). Our registered office is located at 613 Saebit-gwan, 20 Gwangun-ro, Nowon-gu, Seoul 01897, South Korea.

We operate Cubitrix, accessible via our website at http://www.cubitrix.com/, and our related websites, networks, and applications, including any downloadable software applications (collectively referred to as the "Client" or the “App”). Together, these elements constitute the "Platform." Any product or service, including the Platform, that refers or links to these TOS shall be collectively known as the "Services."
You can contact us via email at supporthttp://mailto:cubitrix@cubitrix.com or by mail at 613 Saebit-gwan, 20 Gwangun-ro, Nowon-gu, Seoul 01897, South Korea.

For any questions or concerns regarding these TOS or our Services, you can reach us via email at supporthttp://mailto:cubitrix@cubitrix.com or by postal mail at 613 Saebit-gwan, 20 Gwangun-ro, Nowon-gu, Seoul 01897, South Korea.

By downloading, accessing, or using any component of the Cubitrix Service, which includes our website and Client software, you hereby enter into a legally binding agreement with Cubitrix, Inc. ("Cubitrix"). You affirm that you have fully read, comprehend, and consent to be bound by these Terms of Service ("TOS"). These TOS govern your utilization of the entire website, as well as any email or other means of communication between you and Cubitrix. The term "you" refers to you individually, as well as any entity that you may represent.

Under no circumstances shall Cubitrix or its affiliates be liable for any damages, whether direct, indirect, special, incidental, or consequential, including but not limited to loss of data or profit, resulting from or connected to the use or inability to use the materials provided on this Platform. This holds true even if Cubitrix or an authorized representative has been advised of such potential damages. Should you incur costs for servicing, repair, or data correction as a result of using the Cubitrix Service, you assume full responsibility for such costs.

Cubitrix makes no warranties regarding the outcomes that may occur during the course of using our resources. We reserve the right to alter pricing and amend resource usage policies at any time and without prior notification.

ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS FROM THE DATE YOU FIRST CONSENT TO THESE TOS, FOLLOWING THE OPT-OUT INSTRUCTIONS IN THE “AGREEMENT TO ARBITRATE” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Cubitrix WILL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION. YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS OR OTHER REPRESENTATIVE PROCEEDINGS.

Please read these terms of service carefully before using our Service.

IF YOU DO NOT AGREE TO ANY PART OF THESE TOS, YOU ARE EXPRESSLY PROHIBITED FROM UTILIZING THE CUBITRIX SERVICE AND MUST CEASE ALL USE IMMEDIATELY.

The Platform is open to everyone, but you must be at least 13 years old to use it. If you're under 13, your parents must provide permission and agree to these terms. If you're between 13 and 18 years old, you must have parental consent, and your parent or guardian must agree to these Terms of Service (TOS).

By using the Platform, you affirm that:

- You are at least 13 years old.
- You haven't been suspended or removed from the Platform before.
- You will follow all relevant laws and regulations.

When you use the Platform, you're accepting benefits that you can't give back. If you're a parent or guardian consenting for a minor (between 13 and 18), you take full responsibility for their actions, financial obligations, and any other liabilities under this agreement.

If you're using the Platform for a company or organization, you confirm that you have the authority to agree to these terms on behalf of that entity.

You're not on any U.S. or U.N. sanctions lists and aren't located in a sanctioned country like Iran, Syria, Cuba, North Korea, or specific regions of Ukraine. If your status changes, you agree to stop using the Platform immediately.

Subject to your compliance with these TOS, Cubitrix grants you a limited, non-commercial, non-exclusive, non-transferable, non-sublicensable, and revocable license to download and use any Client provided by Cubitrix. You may download the Client from Cubitrix’s website or a legitimate marketplace, such as the Steam Store. The Client includes any updates or modifications provided by Cubitrix unless separate terms are stated. You are permitted to use the Client solely for lawful purposes on a single device that you own or control.

Your license begins when you download, install, or otherwise use the Cubitrix Service. It will remain in effect until either you dispose of the Service or Cubitrix terminates the Agreement. Cubitrix reserves the right to terminate your license immediately if you:

- Bypass any technical protection measures associated with the Service.
- Evade a ban placed on your account.
- Violate these TOS or any associated code of conduct.

The Cubitrix Service is licensed to you; no title or ownership rights are transferred or assigned to you. This TOS should not be construed as a sale of any rights in the Service. All rights not expressly granted under these TOS are reserved by Cubitrix.

In the event of a violation of any of these TOS, Cubitrix reserves the right to cancel your account or block access to your account without prior notice.

We will provide you with prior notice of any scheduled changes to the Services you are using. Changes to the Legal Terms will become effective seven (7) days after the notice is given. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms. If you disagree with such changes, your only recourse is to discontinue use of the Services.

To access the full range of features offered by the Platform, you are required to establish a User Account ("User Account"). You initiate this process by interacting with the interactive components within the game interface or by submitting personally identifiable information on our Website. As part of the registration process, you may be asked to furnish us with certain contact details, such as your email address. You hereby affirm that all information provided to us is accurate and that you will keep said information current and updated at all times. During registration, you will be prompted to set a password for your User Account.

You may also gain access to specific features of the Platform through third-party accounts like Steam ("Third-Party Account"). The Platform may offer options to integrate your User Account with your Third-Party Account.

You are solely accountable for maintaining the confidentiality of your User Account and any Third-Party Accounts collectively referred to as ("Accounts") and the password(s) associated with them. You assume full responsibility for all activities occurring under these Accounts. Should you suspect that the security of your Account has been compromised, you are obligated to notify us immediately by contacting supporthttp://mailto:cubitrix@cubitrix.com.

By agreeing to these Terms and completing the registration process, you consent to our collection, storage, and usage of your personally identifiable information in accordance with our Privacy Policy. You acknowledge and accept that your provision of personally identifiable information upon registration is subject to our Privacy Policy, and we may utilize and disclose such information as detailed therein.

By using the Service, you agree to diligently follow all health and safety guidelines provided herein. Failure to comply with these guidelines may result in property damage, bodily injury, or even death. The Company will not be liable for any such consequences resulting from non-compliance or any activities conducted during the use of the Service. Note that these guidelines are not exhaustive; other unlisted risks may also exist.

You acknowledge that children using the Service should be under adult supervision. Usage should be limited in duration, and frequent breaks are advised. The Company will not be responsible for any decline in children's hand-eye coordination, balance, or other abilities as a result of Service use.

If you or a child under your care has a history of epileptic symptoms triggered by visual stimuli, consult a healthcare provider prior to using the Service. Should symptoms such as convulsions, twitching, or loss of consciousness occur, discontinue use immediately and seek medical care. The Company disclaims any liability for injuries or health issues related to epileptic conditions.

Some users may experience symptoms of motion sickness while using the Service. Should symptoms like nausea or dizziness occur, you agree to cease use of the Service immediately and to refrain from activities like driving until fully recovered.

Extended use of the Service may result in discomfort or health problems such as tendinitis and eyestrain. You agree to take regular breaks and to seek medical advice if discomfort persists.

You are responsible for ensuring a minimum of a six by six feet clear play area for safe usage of the Service. It is your responsibility to remove any potential hazards and remain aware of your surroundings. The Company will not be liable for any accidents or damages that occur in the play area.

You agree to maintain audio at reasonable levels, both to protect your hearing and to remain aware of environmental cues.

By continuing to use the Service, you agree to these Health and Safety Precautions as part of the Terms of Service.

By using the Services, you agree that you shall not, nor shall you authorize or enable third parties to:

- Lease, license, sell, distribute, assign, transmit, outsource, or otherwise provide commercial access to the Platform to any third-party entity.
- Engage in modification, adaptation, disassembly, decryption, reverse engineering, or reverse compilation of any component of the Services.
- Remove, modify, or obscure any proprietary labels or notices, including but not limited to copyright and trademark notices, associated with Cubitrix or its affiliates, partners, suppliers, or licensors.

Unless explicitly stated in these Terms, Cubitrix, Inc. grants you access to the Services for your personal, non-commercial use only. Unauthorized modification, duplication, distribution, exhibition, performance, or reproduction of any content, software, products, and/or services derived from the Game and/or Services is strictly prohibited.

By continuing to use the Services, you consent to adhere to these restrictions as part of the Terms of Service.

By accessing or using the Platform, you expressly agree not to engage in, or facilitate others in:

a. Utilizing the Platform for illicit activities or in breach of local, state, national, or international laws.

b. Infringing, inciting, or offering guidance to infringe upon the rights of third parties, including but not limited to, unauthorized appropriation or infringement of third-party intellectual property rights.

c. Distributing, replicating, or making public another User's Content without their explicit authorization, except for Permitted Streaming.

d. Posting, uploading, or disseminating any Content that is unlawful, slanderous, defamatory, or otherwise objectionable or offensive as determined by reasonable judgment.

e. Disrupting or compromising the security features of the Platform, including but not limited to: (i) deactivating, evading, or circumventing any mechanisms that restrict or limit usage or (ii) conducting reverse engineering to ascertain the source code of any part of the Platform, to the extent such actions are not expressly sanctioned by applicable law.

f. Uploading disruptive or malicious software or codes that impede the Platform's functionality or a User’s experience, including but not limited to: (i) distributing malware, viruses, or other harmful code; (ii) sending unsolicited offers or advertisements to other Users; (iii) illicitly collecting personal data of other Users or third parties; or (iv) causing interruption or interference in any network, server, or equipment linked to the provision of the Platform.

g. Engaging in fraudulent practices, such as identity falsification, unauthorized account access, or misrepresentation of affiliation or age.

h. Circumventing any security or regulatory mechanisms of the Platform intended to monitor or regulate the Platform's usage, or harvesting User Content in a manner inconsistent with typical individual usage.

i. Employing any unauthorized automated tools or software, including but not limited to robots, crawlers, and scrapers, to access or extract data from the Platform.

j. Deconstructing, reverse engineering, decompiling, or disassembling the Platform or its underlying software, in whole or part, or encouraging third parties to undertake such actions.

k. Displaying, mirroring, or enclosing the Platform or any content therein, unless expressly enabled by means provided by the Platform.

l. Accessing unauthorized or non-public areas of the Platform or its computer systems, or interfering with the technical infrastructure and delivery systems.

m. Utilizing the Platform in a manner that infringes, violates, or harasses the rights of another party.

n. Transferring or reselling the access privileges granted under these Terms of Service, or any associated content or features.

o. Attempting or aiding any third party in engaging in any of the activities described in this Section.

By continuing to utilize the Platform, you acknowledge your obligation to adhere to these Terms of Service, specifically including these prohibited actions.

Definitions

- (a) "Content" refers to all types of creative works, information, or materials made available through the Services, including but not limited to text, images, music, software, videos, and other multimedia elements. Content also encompasses User Content generated by other users.
- (b) "User Content" signifies any Content you contribute, upload, or share through the Services, including community forums, or directly with Cubitrix, Inc. This term extends to any feedback or suggestions you give to Cubitrix, Inc.

All copyrights, trademarks, and other intellectual property rights relating to the Services, and Content are the exclusive property of Cubitrix, Inc. and its licensors, except for User Content. You acknowledge that these are protected by relevant intellectual property laws, both domestically and internationally. You agree not to modify or obscure any intellectual property notices associated with the Services or Content.

By contributing User Content to the Services, you grant Cubitrix, Inc. a perpetual, non-exclusive, worldwide, royalty-free, transferable, and sub-licensable license to use, reproduce, modify, create derivative works from, display, perform, and distribute the User Content. Cubitrix, Inc. is under no obligation to offer you any form of compensation for the use of your User Content.

User Content you share in public forums will be accessible by the public. You are solely accountable for your User Content and confirm that you possess all necessary rights to grant us the license specified in these Terms. You also assure that your User Content and its use will not violate any third-party intellectual property rights, privacy rights, or any relevant laws.

You have the option to delete your User Content. However, residual copies may remain in some cases, except where removal is mandated by law. Cubitrix, Inc. is not liable for the deletion or retention of your User Content.

You consent to Cubitrix gathering, utilizing, and distributing data, such as your UDID and details about you, your equipment, system, Client, and other connected devices, as set out in the Cubitrix Privacy Policy (referred to as the "Privacy Policy"). It's essential to review the Privacy Policy to understand how we handle, store, use, and disclose your personal data. This TOS incorporates and is built upon the guidelines laid out in the Privacy Policy.

Within the context of this Terms of Service (TOS), the Platform, encompassing Clients and SDKs, is the proprietary asset of Cubitrix, Inc. All components of the Platform, hereby termed "Materials," which include but are not limited to Clients, SDKs, content, design elements, code, and services, along with their intellectual property rights, belong exclusively to Cubitrix, its associated entities, or licensed third parties. Without explicit permission as per this TOS, you are prohibited from reproducing, altering, licensing, displaying, transmitting, or deriving works from the Materials. All permissions not explicitly provided in this TOS are retained by Cubitrix. This TOS does not confer upon you any ownership or rights to the Materials, other than those specifically outlined herein.

Your permission to access the Services is strictly contingent upon your commitment to refrain from the actions listed below, referred to herein as "Prohibitions":

- Under this Terms of Service (TOS), when utilizing the Services, you are strictly prohibited from engaging in the following actions:
- i. Undertaking any illegal activities;
ii. Breaching third-party intellectual property, publicity, or privacy rights;
iii. Acting in violation of, or promoting acts that contravene any laws or regulations, leading to potential legal liabilities;
iv. Displaying deceitful, inaccurate, or misleading behaviors;
v. Publishing content that is defamatory, obscene, vulgar, or offensive in racial or ethnic terms;
vi. Engaging in or promoting actions that harass, intimidate, threaten, or discriminate against any person or group;
vii. Advocating or engaging in violent behavior or threats towards any individual or entity;
viii. Encouraging illicit or harmful behaviors or substances;
ix. Engaging in unfair gameplay advantages or bypassing enforcement measures of these TOS;
x. Displaying behavior or content that is crude, menacing, or likely to disturb or offend;
xi. Contravening the stipulated Code of Conduct.
- Under the terms of this agreement, you are expressly forbidden from utilizing, exhibiting, replicating, or framing the Services, any specific component of the Services, Cubitrix's name, trademarks, logos, or any other proprietary details, as well as the structure or design of any webpage or form therein, without the explicit written authorization from Cubitrix,Inc.
- You are strictly prohibited from accessing, interfering with, or using non-public components of the Services, Cubitrix's computer infrastructures, or the technological delivery mechanisms of Cubitrix's service providers.
- You shall not circumvent, disable, or override any technological safeguards employed by Cubitrix, its providers, or any third parties (inclusive of other users) to secure the Services or its Content.
- Unauthorized creation, modification, distribution, or use of software intending to exploit or alter the Services' regular functioning is forbidden.
- Directly accessing, searching, or downloading Content from the Services using means other than those provided by Cubitrix or conventional third-party browsers (e.g., using bots, crawlers, or data mining tools) is not permitted.
- The use of hidden meta tags, text, or metadata incorporating Cubitrix trademarks, logos, URLs, or product names without explicit written consent from Cubitrix is not allowed.
- Commercial utilization of the Services or its Content, particularly for third-party benefits or in ways not explicitly permitted by this TOS, is disallowed.
- Efforts to decode, reverse engineer, or disassemble any software integral to the Services or its Content are forbidden.
- Activities that disrupt or aim to disrupt any user's access, or the overall network, such as sending malware, causing service overloads, or spamming, are prohibited.
- Collecting or storing personal information about other Service users is not allowed.
- You are strictly prohibited from assuming the identity of, or falsely representing an affiliation with, any individual or organization.
- You must adhere to all relevant laws and regulations.
- You shall not assist, incite, or allow others to engage in any of the activities mentioned above.

For the purpose of maintaining a secure and friendly environment within Cubitrix, you commit to notifying us, either through in-service mechanisms or the provided contact details, if:
i. You suspect any users of contravening the set prohibitions.
ii. You come across content believed to be related to or posted by minors under 13 years of age.

While Cubitrix is not mandated to oversee the accessibility, usage, or content within the Services or to inspect or modify any content, we retain the authority to do so to manage, enhance, maintain, and support our Services, safeguard our users and the platform, adhere to this TOS, and comply with legal norms and stipulations.

Cubitrix, at its discretion and without prior notification, may revoke, limit, or suspend access to the Services or any content therein, especially if we deem any content or activities to be objectionable or in breach of this TOS.

With your agreement, Cubitrix reserves the right to probe any breaches of this TOS or behaviors affecting the Services, which includes sharing information with and aiding law enforcement agencies in prosecuting users who contravene legal regulations.

Should you offer Cubitrix any feedback, comments, bug reports, suggestions, improvements, or other recommendations related to the Platform or game ("Feedback"), be informed that such Feedback is submitted on a non-confidential basis. Cubitrix retains the exclusive right to utilize, modify, publish, redistribute, and incorporate such Feedback as it sees fit, without any obligation to credit or compensate you. By providing Feedback, you grant Cubitrix an unrestricted, irrevocable, perpetual, non-exclusive, fully paid-up, royalty-free license to leverage and deploy your Feedback for any intent, inclusive of enhancing the Platform and developing other products or services. The Feedback shall remain the sole and exclusive property of Cubitrix.

We've updated our Terms of Service to provide you with complete transparency into what is being set when you visit our site and how it's being used. By using our game, registering an account, or making a purchase, you hereby consent to our Terms of Service.

This Terms of Service applies only to the Services. The Services may contain links to other websites not operated or controlled by Cubitrix. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms of Service are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

Cubitrix uses "Cookies" to identify the areas of our app that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our app but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the app as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our app correctly or at all. We never place Personally Identifiable Information in Cookies.

You acknowledge and agree that Cubitrix may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Cubitrix’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Cubitrix when you stop using the Service. You acknowledge and agree that if Cubitrix disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account.

If we decide to change our Terms of Service, we will post those changes on this page, and/or update the Terms of Service modification date below.

Cubitrix retains the authority to modify this TOS at any given time. Users are encouraged to review this TOS periodically to stay updated on any changes. While updates will be implemented immediately, existing Users will be subject to the conditions outlined herein for substantial alterations. If changes significantly affect your rights or duties, usage of the Platform will require your acceptance of the updated TOS. The latest revision date of this TOS will be highlighted and will take effect immediately upon its posting on the Platform or via http://www.cubitrix.com/. Concerning substantial modifications:
a) Cubitrix will aim to inform you directly, either through an email to the registered address or via an on-screen notification upon Platform access.
b) The revised TOS will be binding either upon your use of the Platform with actual knowledge of the adjustments or thirty days after its disclosure to you.
c) Alterations to this TOS will not be applicable to any disagreements initiated before the amendment's effective date.

Continuous engagement with the Platform post-TOS amendments indicates your binding agreement. Should you deem the TOS or its modifications unsatisfactory, your sole option is to terminate your use of the Platform.

Cubitrix holds the right, in its exclusive judgment and without advanced notification, to suspend (on a temporary or permanent basis) the Service or its particular functionalities. You are free to cease using the Service at will without the obligation to inform Cubitrix. If Cubitrix limits your account access, it could hinder your reach to the Service, your account information, or related content.

Upon any updates to this TOS, the changes will be presented on this page, and the revision date below may be updated accordingly.

Cubitrix may periodically introduce "Updates" to the app, encompassing enhancements, patches, bug resolutions, and other modifications. These Updates could alter or remove specific features or functionalities of the app. You acknowledge and agree that Cubitrix is under no obligation to:
i) Deliver any such Updates,
ii) Maintain or offer any specific features or functionalities post-update.

Additionally, you concur that all Updates:
i) Will be considered an intrinsic component of the app,
ii) Will be governed by this TOS.

The Platform may incorporate or provide access to third-party content, data, information, applications, and other products or services ("Third-Party Services"), as well as hyperlinks to websites operated by third parties.

You acknowledge and agree that Cubitrix is not responsible for the accuracy, completeness, timeliness, legality, copyright compliance, decency, or quality of any Third-Party Services. Cubitrix assumes no liability or responsibility to you or any third party with regard to these Third-Party Services.

You understand that these Third-Party Services are provided solely for your convenience. Your access to and use of such Third-Party Services are at your own risk and are subject to the terms and conditions of the third parties operating or providing such services.

Cubitrix may offer functionalities on the Platform that enable you to export information, including but not limited to User Content, to Third-Party Services. These functionalities may permit you to log into Third-Party Services using your Cubitrix account credentials, or to link your Cubitrix account with accounts on Third-Party Services such as Twitter or Facebook. By using such functionalities, you expressly authorize Cubitrix to transfer the relevant information to the applicable Third-Party Service.

Cubitrix disclaims any responsibility, to the fullest extent permitted by law, for the Third-Party Services’ use of your exported information.

You are advised to review the terms of service and privacy policies of any Third-Party Services you choose to interact with. Once information is shared with a Third-Party Service, Cubitrix has no control over how that information is used or managed by the third party.

This Agreement becomes effective when you either accept these Terms of Service ("TOS") or begin accessing or utilizing the Platform, and remains in force until terminated as set forth herein.

To terminate your User Account, you may either utilize the account deletion features on the Platform or contact our customer service at supporthttp://mailto:cubitrix@cubitrix.com. If your User Account is connected to a Third-Party Account, termination can only be executed by emailing supporthttp://mailto:cubitrix@cubitrix.com.

Cubitrix ("the Company") holds the sole discretion to suspend or terminate this Agreement or your User Account for any or no reason, and may do so with or without prior notification, including but not limited to your non-compliance with any clause of this TOS or any other agreements with the Company.

Should this Agreement be terminated:

a. All usage of the Platform must be halted immediately and any downloaded applications must be erased from your device.

b. Your licensure rights will expire, disallowing any further access to your User Account or the Platform.

c. You shall be responsible for any and all outstanding fees, if applicable, that were incurred before the termination of this Agreement related to your use of the Platform.

d. Payment obligations accrued prior to the termination, along with certain specified portions of this TOS and any terms that are intended to survive as per Ancillary Agreements, shall continue to be effective post-termination.

Termination of this Agreement does not affect any legal or equitable remedies the Company may possess due to your breach of obligations under this Agreement.

Upon the termination of your User Account, you may forfeit access to any User Content you have posted on the Platform. It is your sole responsibility to keep copies of any User Content you upload, and we recommend maintaining backup copies.

The Company retains the right to alter, restrict, or cease all or any part of the Platform without prior notice. No liability will be assumed by the Company for any changes to the Platform or for the suspension or termination of your access or usage of the Platform.

Your continued usage of the Platform constitutes acceptance of these Terms of Service, including this section regarding Termination and Account Suspension.

If your account is terminated due to a violation of this TOS, you are prohibited from creating a new account on the Platform using different credentials such as name, email address, or other methods of account verification.

Copyright holders, or their authorized agents, who believe any content within our app infringes upon their copyrights, are advised to formally notify Cubitrix by providing the following details:
(i) An authentic signature of the copyright proprietor or a designated representative;
(ii) Specific identification of the alleged infringing material;
(iii) Relevant contact data, encompassing address, phone number, and email;
(iv) A declaration asserting a genuine belief that the material's utilization hasn't been authorized by the copyright owner;
(v) A sworn statement confirming the accuracy of the notification and, under penalty of perjury, that you represent the copyright owner or are authorized to act on their behalf.

You undertake the responsibility to safeguard and indemnify Cubitrix, its subsidiaries, directors, officers, employees, representatives, and associated parties against all claims, conflicts, liabilities, damages, losses, or costs, including but not limited to legal and accounting charges. This obligation originates from: (i) your interaction with or use of the Platform; (ii) the content you introduce; (iii) any breach of this TOS, relevant laws, or third-party rights; (iv) infringing any third-party intellectual or proprietary rights; and (v) any disputes involving you and external entities. Cubitrix holds the privilege, on its own accord and expense, to lead the exclusive defense against any matter you would typically be required to indemnify. In such circumstances, you commit to assisting with our defense strategy against these claims.

Cubitrix's cumulative liability, as well as that of its providers, under any clause of this Agreement, shall be confined to the amount you have remitted for the app, irrespective of any damages you may experience.

Subject to prevailing legal regulations, neither Cubitrix nor its suppliers will be held accountable for any special, incidental, indirect, or consequential losses or damages. This encompasses, but is not restricted to, damages from loss of profits, data, business disruptions, personal harm, or privacy breaches stemming from or associated with the app's use or non-use, any third-party software or hardware utilized in conjunction with the app, or any provision of this Agreement, even if Cubitrix has been informed of the potential for such damages. This applies even if the proposed remedy does not achieve its primary goal.

It is worth noting that certain jurisdictions or states may not sanction the exclusion or restriction of incidental or consequential damages. Consequently, the aforementioned limitations or exclusions might not be applicable to you.

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by Cubitrix on the Services, shall constitute the entire agreement between you and Cubitrix concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Cubitrix’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND Cubitrix AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Cubitrix reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 7 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our app after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Cubitrix.

The Agreement constitutes the entire agreement between you and Cubitrix regarding your use of the app and supersedes all prior and contemporaneous written or oral agreements between you and Cubitrix.

You may be subject to additional terms of service that apply when you use or purchase other Cubitrix's services, which Cubitrix will provide to you at the time of such use or purchase.

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

The app and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Cubitrix, its licensors or other providers of such material and are protected by South Korea and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Cubitrix, unless and except as is expressly provided in these Terms of Service. Any unauthorized use of the material is prohibited.

This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR Cubitrix’s INTELLECTUAL PROPERTY RIGHTS. The term dispute means any dispute, action, or other controversy between you and Cubitrix concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. Dispute will be given the broadest possible meaning allowable under law.

In the event of a dispute, you or Cubitrix must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: supporthttp://mailto:cubitrix@cubitrix.com. Cubitrix will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and Cubitrix will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Cubitrix may commence arbitration.

If you and Cubitrix don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Cubitrix without any compensation or credit to you whatsoever. Cubitrix and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

Cubitrix may, from time to time, include contests, promotions, sweepstakes, or other activities (”Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.

Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of Cubitrix. Cubitrix will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Cubitrix operates and controls the Cubitrix Service from its offices in South Korea. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Cubitrix Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Service (which include and incorporate the Cubitrix Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and Cubitrix concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

Cubitrix is not responsible for any content, code or any other imprecision.

Cubitrix does not provide warranties or guarantees.

In no event shall Cubitrix be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

The Cubitrix Service and its contents are provided "AS IS" and "AS AVAILABLE" without any warranty or representations of any kind, whether express or implied. Cubitrix is a distributor and not a publisher of the content supplied by third parties; as such, Cubitrix exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Cubitrix Service. Without limiting the foregoing, Cubitrix specifically disclaims all warranties and representations in any content transmitted on or in connection with the Cubitrix Service or on sites that may appear as links on the Cubitrix Service, or in the products provided as a part of, or otherwise in connection with, the Cubitrix Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Cubitrix or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Cubitrix does not warrant that the Cubitrix Service will be uninterrupted, uncorrupted, timely, or error-free.

The app, including any game, services, and content therein, is provided to you "AS IS" without any warranties, either express or implied. Cubitrix, inclusive of its affiliates, licensors, and service providers, expressly disclaims all warranties to the fullest extent permitted by law. This includes, but is not limited to, implied warranties of merchantability, fitness for a specific purpose, title, non-infringement, and any warranties arising from course of dealing, usage, or trade practice. Cubitrix does not warrant that the app will meet your requirements, be uninterrupted, error-free, or free from harmful components such as viruses, trojan horses, or malware. Moreover, no warranty is given regarding the accuracy, reliability, or currency of any information or content provided through the app.

Please note that certain jurisdictions may not permit some exclusions or limitations of warranties, hence some of the aforementioned disclaimers might not apply to you.

CUBITRIX IS NOT IN ASSOCIATION WITH ANY CARRIERS, SERVICE PROVIDERS, ADVERTISERS, OR THIRD PARTIES. ANY DISAGREEMENTS OR CONFLICTS YOU MIGHT HAVE WITH SUCH ENTITIES, INCLUDING OTHER USERS OF THE PLATFORM, REMAIN DIRECTLY BETWEEN YOU AND THE RESPECTIVE THIRD PARTY. YOU HEREBY IRREVOCABLY ABSOLVE CUBITRIX, INCLUDING ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES, FROM ALL CLAIMS, DEMANDS, AND DAMAGES, BOTH ACTUAL AND CONSEQUENTIAL, THAT MIGHT ARISE FROM OR BE ASSOCIATED WITH SUCH DISPUTES. IF YOU RESIDE IN CALIFORNIA, YOU FORGO THE RIGHTS UNDER CALIFORNIA CIVIL CODE §1542, WHICH READS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

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In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

supporthttp://mailto:cubitrix@cubitrix.com

Cubitrix, Inc.

613, Saebit-gwan, 20, Gwangun-ro,

Nowon-gu, Seoul 01897

South Korea