Terms of Service
Last Updated: May 13, 2025
1. Agreement to Terms
By accessing or using the Cubby application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access the App.
2. Description of Service
Cubby is a property's social connector that allows real estate agents to upload their properties and share them across their social apps and platforms. The App provides features to create, manage, and share property listings with integrated social media functionality.
3. Subscriptions and Billing
3.1. Subscription Plans
Cubby offers monthly and annual subscription plans. Each plan provides access to the App's features as described on our pricing page (accessible at /pricing.html). Pricing and features are subject to change, and any changes will be communicated in accordance with Section 12 (Changes to Terms).
3.2. Billing and Payment
Subscriptions are billed in advance through our third-party payment processor (e.g., Stripe). Monthly subscriptions are billed every 30 days, and annual subscriptions are billed once per year. You agree to provide accurate and up-to-date payment information and authorize us to charge your provided payment method for the subscription fees.
3.3. Automatic Renewal
All subscriptions automatically renew at the end of each billing cycle unless canceled by you. To cancel, you must follow the cancellation process outlined in Section 3.5 below. You will be charged the applicable subscription fee for the next billing cycle unless cancellation is completed before the renewal date.
3.4. Non-Refundable Subscriptions
All subscription payments, including monthly and annual subscriptions, are non-refundable under any circumstances, except where required by applicable law. This includes, but is not limited to, cancellations, downgrades from an annual subscription to a monthly subscription, or termination of your account. No refunds or credits will be provided for any unused portion of a subscription period.
3.5. Cancellation
You may cancel your subscription at any time through your account settings in the App or by contacting us at support@cubby-app.com. Upon cancellation, your access to the App will continue until the end of the current billing cycle, and no further charges will be applied. No prorated refunds or credits will be issued for the remaining time in your billing cycle, including when downgrading from an annual to a monthly subscription.
3.6. Subscription Changes
You may upgrade or downgrade your subscription plan at any time through your account settings. Changes take effect at the start of the next billing cycle. If you downgrade from an annual to a monthly subscription, you will not receive a refund or credit for the unused portion of the annual subscription, and your new monthly subscription will begin at the end of the current annual billing cycle.
3.7. Failed Payments
If a payment fails, we will attempt to contact you to update your payment information. If the payment issue is not resolved within seven (7) days, we may suspend or terminate your access to the App until payment is received.
4. User Accounts
4.1. Registration
To use certain features of the App, you must register for an account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy.
4.2. Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security.
5. User Content
5.1. Ownership
You retain ownership of any content you submit, post, or display on or through the App ("User Content"). By submitting User Content, you grant Cubby a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such User Content for the purpose of providing and promoting the App's services.
5.2. Content Restrictions
You may not upload or share content that:
- Infringes on the intellectual property rights or other rights of any person or entity
- Violates any applicable law or regulation
- Is false, misleading, or fraudulent
- Is defamatory, obscene, pornographic, vulgar, or offensive
- Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group
- Contains software viruses or any other malicious code
6. Intellectual Property
The App and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Cubby and its licensors. The App is protected by copyright, trademark, and other laws of the United States and foreign countries.
7. Prohibited Uses
You agree not to use the App:
- In any way that violates any applicable federal, state, local, or international law or regulation
- To impersonate or attempt to impersonate Cubby, a Cubby employee, another user, or any other person or entity
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App
- To attack the App via a denial-of-service attack or a distributed denial-of-service attack
8. Third-Party Links and Services
The App may contain links to third-party websites or services that are not owned or controlled by Cubby. Cubby has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Cubby shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
9. Termination
We may terminate or suspend your account and bar access to the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the App will immediately cease.
10. Limitation of Liability
In no event shall Cubby, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the App
- Any conduct or content of any third party on the App
- Any content obtained from the App
- Unauthorized access, use, or alteration of your transmissions or content
11. Disclaimer
Your use of the App is at your sole risk. The App is provided on an "AS IS" and "AS AVAILABLE" basis. The App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
13. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our App after those revisions become effective, you agree to be bound by the revised Terms.
14. Contact Us
If you have any questions about these Terms, please contact us at:
Cubby
Email: support@cubby-app.com
Address: New York, NY 10029