Cube Terms of Service

Last Updated: May 7, 2024

Cube Terms of Service

Acknowledgement of Risk: As with any asset, the value of Digital Assets (defined below) can increase or decrease and there can be a substantial risk that you lose money buying, selling, holding, or investing in Digital Assets. You should consult your financial advisor, legal or tax professional regarding your specific situation and financial condition and carefully consider whether trading or holding Digital Assets is suitable for you.

Further information on the risks associated with Cube is set out in our RISK DISCLOSURE below, which may be updated from time to time. You should read the RISK DISCLOSURE carefully, however it does not explain all of the risks that may arise, or how such risks relate to your personal circumstances. It is important that you fully understand the risks involved before making a decision to buy Digital Assets.

Cube is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or to U.S. persons. You acknowledge that Digital Assets are not subject to protections or insurance provided by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.

Introduction

These Terms of Service (“Terms”), including any terms expressly incorporated in these Terms, apply to your access to and use of the websitehttps://www.cube.exchange (the “Site”) and any other website or service owned, controlled and operated by Cube Exchange Australia Pty Ltd for itself or on behalf of its affiliated companies (collectively, ”Cube”, ”we”, or ”us”) and which posts or links to these Terms, our mobile application (the “Cube App”), and the related products and services provided by us as described in these Terms (collectively the foregoing, including the Site and Cube App, are the ”Services”).

THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIAL OR CLASS ACTIONS.

Please read these Terms carefully. By accessing the Services, making any transactions through the Services, or creating an account to use the Services, you agree to be legally bound by these Terms and represent the following: (a) you are at least the age of majority in your jurisdiction and have the right and power to enter into and comply with these Terms, (b) you meet the eligibility requirements to use our Services as set out in these Terms, and (c) your access and use of the Services will fully comply with all applicable laws and regulations. You agree that you will not access or use any of our Services to conduct, promote, or otherwise facilitate any illegal activity.
Changes to these Terms

We may amend or modify these Terms at any time by providing notice to you. We may provide notice by posting the revised agreement on the Services and/or providing you with a copy of the updated Terms. The revised Terms will be effective as of the time they are posted. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your Cube Client Account, if applicable.
Additional Definitions
1. “Bona Fide Matched Transaction(s)” is a trade order on Cube.Exchange that has been matched and recorded onto CubeNet.
2. “Communications” shall have the meaning set forth in Section 21.
3. “Cube” shall have the meaning set forth in Section 1.
4. “Cube Client Account” means a user account with Cube.Exchange accessible via the Services in order to trade on Cube.Exchange.
5. “Cube App” shall have the meaning set forth in Section 1.
6. “Cube.Exchange” is each digital assets trading platform operated through each of Cube’s wholly owned subsidiaries. Currently, Cube Exchange Australia Pty Ltd. is operating Cube.Exchange.
7. “CubeNet” is a meta-L2 blockchain onto which Bona Fide Matched Transactions on Cube.Exchange are recorded and which is used as part of the Net Settlement Cycle to support settlement of Bona Fide Matched Transactions.
8. “Digital Asset” means bitcoin, ether, and any other digital assets that may be traded on the Cube.Exchange.
9. “External Provider” means any digital asset wallet or third-party provider: (i) from which you may load Digital Assets into your MPC Vault, and (ii) to which you may transfer Digital Assets from your MPC Vault.
10. “Feedback” shall have the meaning set forth in Section 16.
11. “Fees” shall have the meaning set forth in Section 13.
12. “Fee Schedule” means the current fee schedule posted athttps://cube.exchange/fees, which Cube may amend, change, or alter in its discretion in accordance with these Terms.
13. “Force Majeure Event” shall have the meaning set forth in Section 27.
14. “Guardian(s)” means a member of the Guardian Network.
15. “Guardian Network” means a network of independent, well-established third parties within the blockchain or financial industry that participate in distributed Key Share generation for your MPC Vault, independently verify and validate trades and settlements, sign for transactions involving Cube, contribute to threshold signatures for transaction authorizations, review and confirm trade matches, initiate L1 transactions for certain user withdrawals, evaluate withdrawal conditions in the case of Cube.Exchange failure, allow users to utilize their recovery or failsafe share for direct communication with Guardian Network for withdrawals.
16. “Impacted Vault” shall have the meaning set forth in Section 7.
17. “Key Share(s)” means digital key shares used for threshold signatures that are distributed to you, Cube and the Guardian Network to be used for certain interactions with your MPC Vault as described in these Terms. You will receive a PDF document from Cube.Exchange containing your share of the distributed key material protected by a two-of-three signature thresholds.
18. “MPC” means multi-party computation protocols.
19. “MPC Vault” means your collection of MPC Wallets.
20. “MPC Wallet(s)” means a dedicated, segregated non-custodial digital wallet on a native blockchain for the non-custodial storage of your Digital Assets that is secured by state-of-the-art MPC technology balanced among Cube, the Guardian Network and you using the Key Shares.
21. “Net Settlement” means your net settlement of your Bona Fide Matched Transactions, including any Fees due, that occurs during any Net Settlement Cycle.
22. “Net Settlement Cycle” means the cycle that will occur automatically at least once every 24 hours in which (a) Cube.Exchange will: (i) propose that Bona Fide Matched Transactions settle (taking into account factors such as user settlement preference and prevailing transaction fees on underlying blockchains), (ii) calculate your net settlement of your Bona Fide Matched Transactions, including any fees due, and (iii) exercise its Key Share to activate the Net Settlement based upon its calculation, and (b) the Guardian Network will independently: (i) verify Cube.Exchange’s net settlement calculation of your Bona Fide Matched Transactions and (ii) exercise its Key Share to activate your Net Settlement.
23. “Services” shall have the meaning set forth in Section 1.
24. “Site” shall have the meaning set forth in Section 1.
25. “we” or “us” shall have the meaning set forth in Section 1.
Cube Client Account
1. In order to engage in any trades from an MPC Wallet via the Services on Cube.Exchange, you must first create a Cube Client Account. You must provide any information requested when creating a Cube Client Account or when prompted by any screen displayed within the Services. You represent and warrant that any information you provide via the Services is accurate and complete. To interact with the Cube.Exchange, this will require you to sign-in with an OAuth provider.
2. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full.
3. When you create a Cube Client Account, you agree to: (i) utilize OAuth for login purposes; (ii) provide accurate and truthful information; (iii) maintain and promptly update your Cube Client Account information; (iv) maintain the security of your Cube Client Account by restricting access to your Cube Client Account; (v) promptly notify us if you discover or otherwise suspect any security breaches related to your Cube Client Account; and (vi) take responsibility for all activities that occur under your Cube Client Account and accept all risks of any authorized or unauthorized access to your Cube Client Account, to the maximum extent permitted by law. Cube may, in its sole discretion, limit the number of Cube Client Accounts that you may hold, maintain, or acquire on our Services.
4. You agree and acknowledge that you are solely responsible for securing access to the account managed by your OAuth provider. If you lose access to this account, we orCube.Exchange currently cannot assist you with any recovery and you must contact your OAuth provider.
5. If you lose access to your Cube Client Account and cannot recover it yourself, you may contact Cube.Exchange’s customer support to see if they can assist in its recovery, but you agree and acknowledge that: (i) Cube is not guaranteeing that it can recover any lost access to your Cube Client Account and (ii) any changes in or loss of Digital Assets in your MPC Vault related to the loss of your password or access to your Cube Client Account or unauthorized access to your account are your sole responsibility and neither Cube nor the Guardian Network is liable for such changes or loss.
MPC Vault and Wallet Creation
1. Once your Cube Client Account has been approved and created, you may initiate the creation of each of your MPC Vault through a distributed key share generation process among you, Cube and the Guardian Network. Each non-custodial MPC Wallet within your MPC Vault created by you places your Digital Assets in your care, custody and control.
2. When your MPC Vault is created, a PDF document of your Key Share will be generated and provided to you. It is your responsibility to save your Key Share in a secure manner.
3. The purpose of your Key Share is to allow you to request a withdrawal of assets directly with the Guardian Network ifCube.Exchange’s settlement layer has not processed a settlement for more than 48 hours. The Guardian Network would operate the withdrawal function in place of Cube.Exchange. This function is currently under design.
4. You are sole owner of and fully responsible for all activity that occurs under your MPC Vault and MPC Wallets. Cube.Exchange, in its sole discretion, may refuse to open a Cube Client Account. As further described in Section 8c, Cube.Exchange, in its sole discretion, may also suspend or terminate the exercise of its Key Share related to any MPC Vault or Wallets, and/or suspend or terminate the trading of any Digital Assets from your MPC Vault or any of your MPC Wallets if it is unable to do so or if it identifies a sanction violation, illicit activity, or some other compliance-related issue.
5. In order to complete an offer, bid, order, trade or transaction via the Services, you must first load Digital Assets to your MPC Wallet. You may be charged fees by the External Provider you use to transmit Digital Assets to or from your MPC Wallet. Cube is not responsible for any External Provider fees or for the management and security of any External Account. You are solely responsible for your use of any External Provider, and you agree to comply with all terms and conditions applicable to any External Provider. The timing associated with a load transaction will depend in part upon the performance of third parties responsible for maintaining the applicable External Provider, and Cube makes no guarantee regarding the amount of time it may take to load Digital Assets into your MPC Wallet.
6. In some cases, the External Provider may reject your Digital Assets or may otherwise be unavailable to receive your Digital Assets. You agree that you will not hold Cube liable for any damages resulting from such rejected transactions.
7. Before you are permitted to deposit any Digital Assets within your MPC Vault, you must successfully complete Cube’s know-your-customer (KYC)/anti-money laundering (AML) onboarding diligence and other processes, which may vary by jurisdiction.
Orders, Trades, CubeNet Recordation and Net Settlement
1. To place an order on Cube.Exchange, you first must authenticate yourself to Cube.Exchange by logging into your Cube Client Account. You then place the order via the Services on Cube.Exchange. The Digital Assets in your MPC Vault remain in your MPC Vault and are not placed with Cube.Exchange in order to place an order, match a transaction, or settle an order. Cube.Exchange does not touch your Digital Assets.
2. When you submit a new order via the Services, you authorize Cube.Exchange to execute a transaction in accordance with such order on a spot basis and charge you any applicable Fees as set forth in our current Fee Schedule.
3. You acknowledge and agree that: (a) Cube is not acting as your broker, intermediary, agent, or advisor or in any fiduciary capacity, (b) no communication or information provided to you by Cube shall be considered or construed as investment, tax, or any other form of advice, (c) any information provided by Cube to you is given strictly for educational purposes and designed to provide information about prices, ranges and volatility of Digital Assets, and (d) Cube does not market, promote or offer any product to you or any third party through its Services.
4. If you select a market trade, Cube.Exchange will attempt, on a commercially reasonable basis, to execute the trade on or close to the prevailing market exchange rate on Cube.Exchange via the Services. You acknowledge and agree that the exchange rate information made available via our Services may differ from prevailing exchange rates made available via other sources outside of the Services.
5. All prices on Cube.Exchange reflect the price applicable to the purchase or sale of Digital Assets in your order. All Digital Asset sales and purchases on Cube.Exchange are subject to availability. We reserve the right to cancel or discontinue any sale or purchase of any Digital Assets with or without notice.
6. Once Cube.Exchange’s matching engine executes your order, the matched transaction will be recorded on CubeNet, and a confirmation will be electronically made available to you via the Services detailing the particulars of the trade. You acknowledge and agree that the failure of the Services to provide such confirmation shall not prejudice or invalidate the terms of such trade.
7. All sales and purchases of Digital Assets via the Services are final. We do not accept any returns or provide refunds for your purchase of Digital Assets.
Lost or Stolen Key
1. If you lose your Key Share or your Key Share is stolen for your MPC Vault (the “Impacted Vault”), you can inform Cube.Exchange by contacting customer support. Cube.Exchange does not store your Key Share and cannot provide it to you if lost or stolen.
2. If possible, Cube.Exchange will freeze the Impacted Vault by:
  1. refusing to exercise its Key Share for the Impacted Vault for any Net Settlements or Withdrawals; and
  2. publishing to the Guardian Network that the Impacted Vault exists so that they will also refuse to exercise the Guardian Network’s Key Share for the Impact Vault for any Net Settlements or Withdrawals.
3. Cube.Exchange is currently working on a process that will permit you to recover your lost or stolen Key Share for your Impacted Vault. To do so, Cube.Exchange will require you to go through similar know-your-customer (KYC) identity verification processes that you did when creating your Cube Client Account. Assuming a positive verification, a new Key Share for you will be generated through action of the Guardians and Cube.Exchange together.
4. You agree and acknowledge that in the event that any Digital Assets are transferred, stolen or otherwise missing from your Impacted Digital Vault, you are solely responsible for the loss of such Digital Assets.
User Notice of Withdrawals from MPC Wallet
1. You may activate a withdrawal from your MPC Vault by logging onto Cube.Exchange and sending Cube a notice indicating the amount of Digital Assets that you intend to withdraw from your MPC Vault. After Cube reviews your unmatched and matched but unsettled order amounts on Cube.Exchange, if your MPC Vault holds sufficient Digital Assets to cover the notified withdrawal amount, Cube.Exchange will exercise its Key Share to verify the withdrawal amount and your withdrawal will proceed. During the current early access period of Cube.Exchange, a withdrawal notice may take up to 24 hours.
2. Cube.Exchange is currently working on a process that will permit you to send a notice of your intent to withdraw assets from your MPC Vault using your Key Share to the Guardian Network if Cube.Exchange’s settlement layer has not processed a net settlement for more than 48 hours. In that case, the Guardian Network would operate Cube function described in Section 8a above in place of Cube.
3. Notwithstanding the preceding clauses or any other provision within these Terms, Cube reserves the right to take actions in the event of identified illicit activity associated with your Cube Client Account. These illicit activities may include but are not limited to sanctions violations, exposure to high-risk wallets, or involvement with wallets previously flagged for terrorist financing. Additionally, Cube may take action when it deems an activity to be beyond its acceptable risk tolerance level. Depending upon the illicit activty involved, Cube’s actions in response may include, among other things, not permitting the user to place new orders on Cube.Exchange, suspending or cancelling the user’s Cube Client Account, a report to relevant authorities, and/or not responding to a user’s notification of withdraw, which would result in the user’s Digital Assets being locked in its MPC Vault until further resolution. If a user’s MPC Vault is locked, the Guardian Network also will abstain from responding to a a user’s notification of withdraw vuntil further resolution.
Loyalty Programs
1. Any incentive or promotional program(s) (including but not limited to any kind of reward or referral programs) that may be launched or offered by us from time to time shall be governed by these Terms and any additional terms and conditions attached in an addendum to these Terms.
2. The Cube Loyalty Program allow you to undertake certain activities on Cube.Exchange to earn loyalty points that may be redeemed for rewards that may be available from time to time. Terms specific to the Cube Loyalty Program are more fully set forth in “Addendum 9-B” to these Terms and references therein.
General Obligations
1. We may, at any time and in our sole discretion, refuse any trade, purchase or sale order submitted via the Services, impose limits on the trade, purchase, sale, or transfer permitted via the Services or impose any other conditions or restrictions upon your use of the Services for buying, selling, or trading Digital Assets without prior notice. For example, we may limit the number of open bids, offers, or orders that you may establish via the Services, or we may restrict trades from certain locations.
2. We are subject to various legal and regulatory obligations imposed by the laws and supervisory authorities of various jurisdictions e.g., anti-money laundering laws, financial services laws, corporation laws, privacy laws and tax laws. These obligations may require us to process certain personal data for identity verification, payment processing, compliance with court orders, tax laws or other purposes not disclosed herein. Please refer to our Privacy Notice and Collection Statement for information we may collect about you and how we may use it. These obligations may arise at various times, including, but not limited to, client on-boarding, order placement and settlement and systemic checks for risk management. We reserve the right to lock, disable and/or close Cube Client Accounts and freeze any MPC Wallets as deemed necessary by us in order to comply with any such legal and regulatory obligations now existing or hereinafter imposed.
3. We may, at our sole discretion, reverse an order or transaction under certain extraordinary conditions. Our customers do not have a right to a reversal of an order or transaction.
4. In the event of an error, whether via our Services, in a purchase order conﬁrmation, in processing your purchase, in the Net Settlement or any other transaction, we reserve the right, and you authorize Cube.Exchange, to correct such error, including by revising the transaction (including charging the correct price), cancelling the transaction, or taking any other action to resolve the error.
5. If you have an insufficient amount of Digital Assets in your MPC Vault to complete a transaction via the Services, we may reject the initial order, cancel the entire transaction or may fulfill a partial transaction using the amount of Digital Assets currently available in your MPC Vault, less any Fees owed to Cube.Exchange in connection with our execution of the order.
6. It is your responsibility to determine what, if any, taxes apply to the trades or transactions you complete via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that Cube.Exchange is not responsible for determining whether taxes apply to your trades or for collecting, reporting, withholding or remitting any taxes arising from any trades or transactions. If required by applicable law, Cube.Exchange may report tax to the relevant taxing authority.
General App Store Notice
1. If you have downloaded our Cube App from the Apple App Store or the Google Play Store, you acknowledge that these Terms are between you and Cube, Apple and Google are not a party to these Terms.
2. You are granted a personal, limited, non-exclusive, non-transferable and perpetual license to perform, display and use our Cube App (when available) on your mobile device subject to the usage rules set forth in Apple’s Terms of Service and Google Play’s Terms of Service.
3. Neither Apple nor Google are responsible for our Cube App or the content included within it and neither has any obligation whatsoever to furnish any maintenance or support services with respect to the Cube App when downloaded from their respective application store.
4. In the event of any failure of the Cube App to conform to any applicable warranty, you may notify Apple or Google, depending on your mobile device, and they will refund the purchase price for the Cube App, if any, to you. To the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to the Cube App.
5. Apple and Google are not responsible for addressing any claims by you or a third party relating to the Cube App or your possession or use of the Cube App, including without limitation (a) product liability claims; (b) any claim that the Cube App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
6. In the event of any third-party claim that the Cube App or your possession and use of the Cube App infringes such third party’s intellectual property rights, neither Apple or Google are responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
7. Apple and Google and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof, depending on from which application store you have downloaded the Cube App.
Risk Disclosure
1. The risk of loss in trading Digital Asset pairs can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources, and you should know the following points:
2. You may sustain a total loss of the Digital Assets in your MPC Vault.
3. Under certain market conditions, you may find it difficult or impossible to liquidate a position. This can occur, for example, when the market reaches a daily price fluctuation limit or there is insufficient liquidity in the market.
4. Placing contingent orders, such as “stop-loss” or “stop-limit” orders, will not necessarily limit your losses to the intended amounts, since market conditions may make it impossible to execute such orders.
5. All Digital Asset positions involve risk, and a “spread” position may not be less risky than an outright “long” or “short” position.
6. ALL THE POINTS NOTED ABOVE APPLY TO ALL DIGITAL ASSET PAIR TRADING. THIS BRIEF STATEMENT CANNOT DISCLOSE ALL THE RISKS ASSOCIATED WITH THESE TRADES.
7. You agree that there may be operational issues, human error, malicious conduct (such as fraud or cyber-attack) and other risks associated with the transmission of Digital Assets, which may delay, prevent, misdirect, or otherwise frustrate your ability to withdraw your Digital Assets, or impact the Services, the Site, the Cube App or the Guardian Network.
8. You agree that your Digital Assets are not deposited in your Cube Client Account or with Cube, and that neither Cube or the Guardian Network is responsible for any actions by you or third parties that delay, prevent, misdirect, or otherwise frustrate the deposit, withdraw, or transfer of Digital Assets from your MPC Vault, or for any losses or fees resulting therefrom. You further agree that neither Cube nor the Guardian Network is not obligated to assist or support you in any fashion with any unsuccessful transmission of Digital Assets.
9. We do not own or control the underlying software protocols of Digital Asset networks that govern the operation of Digital Assets. In general, the underlying protocols are open source, and anyone can use, copy, modify or distribute them. We are not responsible for the operation of the underlying network protocols, and we make no guarantees regarding their security, functionality or availability.
10. The Services user interface may display incorrect information or information that differs from our internal books and records. In the event of any conflict, the contents of our internal books records shall prevail.
11. You acknowledge and agree that you shall access and use the Services at your own risk, including but not limited to the risks described in this Section 12 and the remainder of these Terms.
12. CUBE IS NOT A BANK OR OTHER DEPOSITORY INSTITUTION. NEITHER YOUR CUBE CLIENT ACCOUNT OR YOUR MPC VAULT IS A DEPOSIT ACCOUNT OR A BANK ACCOUNT. NEITHER YOUR CUBE CLIENT ACCOUNT NOR MPC VAULT NOR DIGITAL ASSETS ARE COVERED BY INSURANCE AGAINST LOSSES OR THE PROTECTIONS OF ANY COMPARABLE ORGANIZATION ANYWHERE IN THE WORLD.
Fees
1. You agree to pay Cube.Exchange the fees for all Bona Fide Matched Transactions completed via our Services (“Fees”) as made available via a the Fee Schedule, which we may change from time to time. Changes to the Fee Schedule are effective as of the effective date indicated in the posting of the revised Fee Schedule to the Services and will apply prospectively to any Asset trades or transactions that take place following the effective date of such revised Fee Schedule.
2. In addition to the Fees, your External Provider may impose fees. Any fees imposed by your External Provider will not be reflected on the transaction screens or in notices to you containing information regarding applicable Fees imposed by Cube. You are solely responsible for paying any fees imposed by an External Provider.
3. You authorize us, or our designated payment processor, to charge you for any applicable Fees owed in connection with trades, transactions, and actions you complete via the Services, which will be reflected in each Net Settlement.
Account Security
1. You agree to notify us immediately of any unauthorized access to or use of your Cube Client Account username or any other breach of security. You also agree to ensure that you exit from your Cube Client Account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
2. We have the right to disable any Cube Client Account username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Acceptable Use
1. You may use the Site, the Cube App, your Cube Client Account, your MPC Vault, the Guardian Network, and Services only for lawful purposes and in accordance with these Terms. You agree not to use the Site, the Cube App, your Cube Client Account, your MPC Vault, the Guardian Network, and Services:
  1. In any way that violates any applicable federal, state, local, or international law or regulation.
  2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  3. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  4. To impersonate or attempt to impersonate Cube, a Guardian, a Cube or Guardian employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  5. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Cube, the Guardian Network, a member of the Guardian Network or users of the Services, or expose them to liability.
2. Additionally, you agree not to:
  1. Use the Site, Cube App, the Guardian Network, Services, your MPC Vault or Cube Client Account, or the MPC Vaults or Cube Client Accounts of others in any manner that could disable, overburden, damage, or impair the Site, Cube App, the Guardian Network, Services, your MPC Vault or Cube Client Account, or the MPC Vaults or Cube Client Accounts of others or interfere with any other party’s use of the Site, Cube App, the Guardian Network, Services, or their MPC Vaults or Cube Client Accounts.
  2. Use any robot, spider, or other automatic device, process, or means to access the Site, Cube App, the Guardian Network, Services, or the MPC Vaults or Cube Client Accounts of others for any purpose, including monitoring or copying any of the material on the Site, the Site, Cube App, the Guardian Network, Services, or the MPC Vaults or Cube Client Accounts of others.
  3. Use any manual process to monitor or copy any of the material on the Site, the Cube App, the Guardian Network, and the MPC Vaults or Cube Client Accounts of others or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  4. Use any device, software, or routine that interferes with the proper working of the Site, Cube App, the Guardian Network, Services, your MPC Vault or Cube Client Account, or the MPC Vaults or Cube Client Accounts of others.
  5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Site, Cube App, the Guardian Network, Services, your MPC Vault or Cube Client Account, or the MPC Vaults or Cube Client Accounts of others.
  6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, Cube App, the Guardian Network, Services, or the MPC Vaults or Cube Client Accounts of others, including the servers and databases utilized by such parties.
  7. Attack the Site, Cube App, the Guardian Network, Services, your MPC Vault or Cube Client Account, or the MPC Vaults and Cube Client Accounts of others via a denial-of-service attack, a distributed denial-of-service attack or any other similar type of attack.
  8. Otherwise attempt to interfere with the proper working of the Site, Cube App, the Guardian Network, Services, your MPC Vault or Cube Client Account, or the MPC Vaults and Cube Client Accounts of others.
Feedback Cube welcomes suggestions, comments, and other feedback on the Services (“Feedback”) from all of its customers. If you provide Cube with Feedback, you agree that: (i) Cube is not subject to any confidentiality obligations with respect to the Feedback; (ii) the Feedback is not confidential or proprietary information belonging to you or any third party and you have all of the necessary rights to disclose the Feedback to Cube; (c) Cube may freely use Feedback without any restrictions; and (d) you are not entitled to receive any compensation or reimbursement of any kind for Feedback.
Intellectual Property Rights
1. The Site, Cube App, the Guardian Network, the process of generating and using the MPC Vaults, and Services and their entire contents, features, and functional the technology underlying the MPC Vault or the Guardian Network (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) and our Site, Cube App, and Services are owned by Cube, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2. These Terms permit you to use our Site, Cube App, the Guardian Network and Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services. You must not access or use for any commercial purposes any part of the Services we provide.
3. If you copy, modify, download, or otherwise use or provide any other person with access to any part of the Site, Cube App, the technology underlying the MPC Vault or the Guardian Network or Services in breach of the Terms, your right to use the Site, Cube App, Cube Client Account, Your MPC Vault or Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site, Cube App, the technology underlying the MPC Vault or the Guardian Network and Services or any content on the Site, Cube App, Cube.Exchange and Services is transferred to you, and all rights not expressly granted are reserved by Cube. Any use of the Site, App, and Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Trademarks The Cube name, Cube, and all related names, logos, product and service names, designs, and slogans are trademarks of Cube or its affiliates or licensors. You must not use such marks without the prior written permission of Cube. All other names, logos, product and service names, designs, and slogans on the Site, App, and Services are the trademarks of their respective owners.
Reliance on Information Posted
1. The information presented on or through the Site, Cube App, and Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services or by anyone who may be informed of any of its contents.
2. The Site and Cube App may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Cube, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Cube. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.
Third-Party Links If the Site, Cube App or Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked through the Site or Cube App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Electronic Disclosure
1. You agree to receive electronically all communications, agreements, documents, receipts, notices, tax forms and disclosures (collectively, “Communications”) that Cube provides in connection with your Cube Client Account, the Guardian Network, your MPC Vault, and/or use of the Services.
2. It is your responsibility to keep your email address, mobile phone number, and street address on file with Cube up to date so that Cube can communicate with you electronically. You understand and agree that if Cube sends you an electronic Communication but you do not receive it because your email address or mobile phone number on file is incorrect or out of date, our ability to contact you at the email address and/or mobile phone number is blocked by your service provider, or you are otherwise unable to receive electronic Communications, Cube will be deemed to have provided the Communication to you whether or not you actually received the Communication. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Cube to your email address book so that you will be able to receive the Communications we send to you.
Limitation on Liability
1. To the fullest extent provided by law, in no event will Cube, the Guardians, their affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, Cube App, the Guardian Network, your MPC Vault, or Services, or any websites linked to either the Site, the Cube App or Services, any content on the Site, the Cube App, and Services, or such other websites or applications, including any direct, indirect, special, incidental, consequential, or punitive damages, including those arising from the loss of data or a data breach, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
2. The limitation of liability set out above does not apply to liability resulting from death or bodily injury resulting from our negligence or fraud related to Services you use through the Site or Cube App.
3. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
4. If we are held liable due to a breach of our obligations under these Terms, an unlawful act or otherwise, our liability shall be limited to the maximum of the Fees paid by you to us during the six (6) month period preceding the event causing such liability.
5. We shall not be liable for your damages unless you have detailed the damages to us. Any compensation claim will lapse if you fail to report the claim to us within three (3) months of the damages occurring.
Indemnification You agree to defend, indemnify, and hold harmless Cube, the Guardians, their affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, Cube App, the Guardian Network, your MPC Vault, and Services, other than as expressly authorized in these Terms, or your use of any information obtained from the Site, Cube App, the Guardian Network or Services.
Governing Law and Venue All matters relating to the Site, Cube App, and Services, and these Terms, and any dispute or claims arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of Australia without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services will be instituted exclusively in courts of Australia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Dispute Resolution/Arbitration/Class Waiver PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. At Cube’s sole discretion, it may require you to submit any disputes arising from these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Cube agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Cube must be sent to legal@cube.xyz. You and Cube agree to attempt informal resolution prior to any demand for arbitration and that any arbitration will occur in Melbourne, Australia. The courts of Australia will have the exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. You and Cube agree that any dispute, including but not limited to disputes arising out of or related to these Terms or our Services is personal to you and Cube and that any dispute will be resolved solely through individual action, and will not brought as class arbitration, class, action or any other type of representative proceeding.
Sanctions; Export Control; and Jurisdictional Restrictions
1. Unless authorized or exempt from regulation, the Services may not be used to deposit into or withdraw from an MPC Wallet, or conduct trades or transactions in Digital Assets or to engage in any other service by or with: (i) an entity or individual located, organized or residing in a jurisdiction sanctioned by the Office of Foreign Assets Control of the U.S. Department of the Treasury; (ii) an entity or individual on the United Nations Security Council Consolidated List, or any list of restricted or otherwise prohibited persons maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury; or (iii) an entity directly or indirectly owned or controlled by any person described in the immediately preceding (i) or (ii), or located, organized or resident in a jurisdiction sanctioned any regional or foreign government watchlists.
2. Cube will hold, reject or block (as appropriate) any deposit into or withdraw from an MPC Wallet, trade or transaction involving sanctioned jurisdictions or persons on the United Nations Security Council Consolidated List, or regional or foreign government watchlists or persons otherwise subject to sanctions. We reserve the right to lock, disable and/or close accounts under review for sanctions compliance violations.
3. For the avoidance of doubt, Cube will not provide Services to any individuals or entities located, incorporated, or established in or individuals located in or residences of the jurisdictions that may fall under Section 26(a) or (b) immediately above as well as any other jurisdiction that Cube deems appropriate to bar based upon regulatory concerns, which shall include, for the avoidance of doubt, and without limitation, the United Kingdom and the United States of America, and any United States territories.
4. By using our Site, Cube App, and Services, you represent and warrant that you are not located in an embargoed country or jurisdiction or any . You agree that Cube software and Services will not be used, exported, reexported, or transferred for any purpose prohibited by applicable laws or local export or import control laws and regulations.
Force Majeure Events Cube shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond Cube’s reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond Cube’s reasonable control (each, a “Force Majeure Event”).
Limitation on Time to File Claims ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Discontinuance of Services Cube may, in its sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
Assignment You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
No Waivers The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Cube.
Entire Agreement The Terms constitutes the entire and exclusive agreement and understanding between Cube and you regarding the Services, and supersedes and replaces any and all prior oral or written understandings or agreements between you and Cube regarding the Services.
Severability If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

ADDENDUM 9-B

CUBE LOYALTY PROGRAM TERMS AND CONDITIONS

The full Cube Loyalty Program Terms and Conditions can be found at the following link Cube Loyalty Program Terms and Conditions and are hereby incorporated by reference. In the event that there is any conflict between the Terms and the Cube Loyalty Program Terms and Conditions, including but not limited to provisions related to governing law, venue, and dispute resolution/arbitration/class waivers, these Terms shall supersede and prevail.

The latest Cube Terms of Service changes were made on May 7, 2024