CubeSocial Terms of Use

Welcome to CubeSocial, an online social contact management service designed especially for professionals. These terms of use are intended to explain our obligations as a service provider and Your obligations as a customer. Please read them carefully.

These Terms are binding on any use of the Service and apply to You from the time that CubeSocial provides You with access to the Service.

The CubeSocial Service will evolve over time based on user feedback. These Terms are not intended to answer every question or address every issue raised by the use of the CubeSocial Service. CubeSocial reserves the right to change these terms at any time, effective upon the posting of modified terms and CubeSocial will make every effort to communicate these changes to You via email or notification via the Website. It is likely the terms of use will change over time. It is Your obligation to ensure that You have read, understood and agree to the most recent terms available on the Website.

By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.

  1. Interpretation

    In this Agreement, save where the context requires otherwise the following words and expressions have the following meaning:

    "Agreement"
    means the agreement between CubeSocial and You on the terms set out herein and You Agreement;
    "Commencement Date"
    means the date on which You register to use the Service;
    "Confidential Information"
    means all reports, specifications, drawings, sketches, models, samples, tools, technical information and documentation relating to the Service, information relating to the Service, research data, marketing and sales information, customer lists, plans, know-how and all other data furnished by the parties to each other in connection with this Agreement;
    "CubeSocial"
    means Connectegrity Ltd, incorporated and registered in England and Wales with company number 07049722 whose registered office is at Grove House, Lutyens Close, Basingstoke, RG24 8AG;
    "Data"
    means the data inputted by You or with Your authority into the Service, and the data CubeSocial provides access to once You has integrated his contacts with the Service;
    "Access Fee"
    means the monthly or annual fee (excluding any taxes and duties) payable by You in accordance with the fee schedule set out on the Website (which We may change from time to time on notice to You).
    "Intellectual Property Rights"
    means (a) patents, trade marks, service marks, registered designs, applications for any of those rights, trade and business names (including internet domain names), unregistered trade marks, unregistered trade and business names, database rights, copyrights, rights in designs and inventions; and (b) rights of the same or similar effect to those specified in paragraph (a); in each case, in any jurisdiction;
    "Service"
    the services provided by CubeSocial to You via the Website.
    "User"
    means any individual user who accesses CubeSocial.
    "Website"
    means the internet site at the domain cubesocial.com or any other site operated by CubeSocial.
    "You", "Customer"
    means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service, and any person or organisation that uses the Service with the authorisation of that person or entity. "Your" has a corresponding meaning.
  2. Duration

    1. Subject to You purchasing a subscription in accordance with these terms CubeSocial hereby grants to You a non-exclusive, non-transferable right to permit the Authorised Users to use the Services and the Documentation during the Subscription Term solely.

    2. This Agreement shall commence on the Commencement Date and shall continue for the Term, unless otherwise terminated as provided in this Agreement. Following expiry of the Term, this Agreement shall automatically renew in the manner detailed in You Agreement.

  3. Use of the Service

    1. Subject to You purchasing access to the Service in accordance with the terms of this Agreement, CubeSocial hereby grants You a non-exclusive, non-transferable right to use the Service

    2. If You choose, or are provided with, an identification code, password or any other piece of information as part of our security procedures, You must treat such information as confidential, and must not disclose it to any third party. CubeSocial has the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

    3. You may grant access to any number of Users provided that You have paid for access to the Service for that number of users. You shall ensure that any User to whom youu grant access to the Service, complies with all terms of this agreement.

  4. Customer Restrictions

    1. You shall not, except as you may be allowed by any applicable law which is incapable of exclusion by agreement, between us and except to the extent expressly permitted under this agreement, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Service in any form or media or by any means; or attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Service; or

    2. You shall not

      1. access all or any part of the Service in order to build a product or service which competes with the Service; or

      2. use the Service to provide services to third parties; or

      3. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Service available to any third party;

      4. use or attempt to use the Service to directly compete with CubeSocial;

      5. distribute any Data to any advertising networks.

    3. You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Service and, in the event of any such unauthorised access or use, promptly notify CubeSocial.

    4. The rights provided under this Agreement are granted to You only, and shall not be considered granted to any subsidiary or holding company of You.

    5. CubeSocial shall use commercially reasonable endeavours to make the Service available 24 hours a day, seven days a week, except for any planned or emergency maintenance which we will publicise on our website if possible.

    6. CubeSocial will, as part of the Service, and at no additional cost to You, provide You with CubeSocial's standard customer support services during normal business hours (UK time) in effect at the time that the Service is provided. 

  5. Acceptable Use

    1. These content standards apply to any and all material which You and any of your Users contributes to our Service (the "Contributions"), and to any interactive services associated with it.

    2. You and the User must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole.

    3.  Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the UK and in any country from which they are posted.

    4. Contributions must not:

      1. contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

      2. infringe any copyright, database right or trademark of any other person;

      3. be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity;

      4. be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;

      5. be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or

      6. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

  6. Fees

    1. You shall pay to CubeSocial the Fees in accordance with the Payment Terms. All prices and fees are stated in and all payments shall be made in British Pounds Sterling unless otherwise specified in You Agreement. All sums payable under this Agreement are exclusive of VAT (if applicable), for which You shall be responsible

    2.  Your subscription to the Service will automatically renew at the end of each one month subscription term unless you terminate your subscription prior to the end of such subscription term in accordance with section 15 of these terms.  At the time of renewal the payment method You  designated to be charged for the purchase of the Service will automatically be charged with the applicable amount.

    3. If You fail to pay any amount payable under this Agreement, CubeSocial may without liability to You, disable your password, account and access to all or part of the Services and You shall be under no obligation to provide any or all of the Services while the Fees concerned remain unpaid.

  7. Third Party Providers

    1. You acknowledge that the Service may enable or assist you to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that you do so solely at your own risk.  CubeSocial makes no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by You, with any such third party.  Any contract entered into and any transaction completed via any third-party website is between You and the relevant third party, and not CubeSocial.  CubeSocial recommends that You refers to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website.  CubeSocial does not endorse or approve any third-party website nor the content of any of the third-party website made available via the Service.

  8. Data and Content

    1. CubeSocial does not own any data, information or material (including the Data) that You create in the course of using the Service. You, not CubeSocial, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Data.

    2. CubeSocial shall not be responsible or liable for the deletion, correction, alteration, destruction, damage, loss, disclosure or failure to store any Data. 

    3. CubeSocial shall, in providing the Service, comply with its Privacy Policy relating to the privacy and security of the Data available at http://www.cubesocial.com/privacy or such other website address as may be notified to You from time to time, as such document may be amended from time to time by CubeSocial in its sole discretion.

    4. CubeSocial shall not use any email addresses or other unique identifiers for CubeSocial’s own use, nor shall it pass any email addresses or other unique identifiers to any third parties, other than for the purpose of providing you with the Service.

    5. CubeSocial shall delete any email addresses or other unique identifiers provided to CubeSocial by You, at your request.

    6. If CubeSocial processes any personal data on your behalf when performing its obligations under this agreement, the parties record their intention that You shall be the data controller and CubeSocial shall be a data processor and in any such case:

      1. You acknowledge and agree that the personal data may be transferred or stored outside the EEA or the country where You are located in order to use the Service and CubeSocial’s other obligations under this agreement;

      2. You shall ensure that You are entitled to transfer the relevant personal data to CubeSocial so that CubeSocial may lawfully use, process and transfer the personal data in accordance with this agreement on your behalf;

      3. You shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation;

      4. CubeSocial shall process the personal data only in accordance with the terms of this agreement and any lawful instructions reasonably given by You from time to time; and

      5. each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.

    7. CubeSocial reserves the right to withhold, remove, discard and/or otherwise dispose of a Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use the Service immediately ceases, and CubeSocial shall have no obligation to maintain or forward any Data.

    8. CubeSocial does not claim ownership in the Data.  As such you acknowledge and agree that if during the term of this Agreement you use any Data you have the sole responsibility to ensure that you obtain and possess all licenses, authorization and/or subscriptions required by the owner of any unique identifier, and CubeSocial shall have no responsibility for obtaining such licenses, authorizations and/or subscription or any liability for your failure to do so (save if you specifically ask CubeSocial to do so, in writing, CubeSocial has acceded to this request and provided you with evidence of the existence of any such licences, authorisations and/or subscriptions, the provision of which may be subject to any third party fees and charges which will be passed on to You directly).

  9. CubeSocial's Obligations

    1. CubeSocial undertakes that the Service will be performed substantially in accordance with these Terms and with reasonable skill and care.

    2. The undertaking at clause 9.1 shall not apply to the extent of any non-conformance which is caused by use of the Service contrary to CubeSocial's instructions, or modification or alteration of the Service by any party other than CubeSocial or CubeSocial's duly authorised contractors or agents. If the Service does not conform with the foregoing undertaking, CubeSocial will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide You with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes your sole and exclusive remedy for any breach of the undertaking set out in clause 9.1.  Notwithstanding the foregoing, CubeSocial:

      1. does not warrant that your use of the Service will be uninterrupted or error-free; nor that the Service, Service Documentation and/or the information obtained by You through the Service will meet your requirements; and

      2. is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and You acknowledge that the Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

      3. This agreement shall not prevent CubeSocial from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services  which are similar to those provided under this agreement.

  10. Cutomer's Obligations

    You shall:

    1. provide CubeSocial with:

      1.  all necessary co-operation in relation to this agreement; and

      2. all necessary access to such information as may be required by CubeSocial;

      in order to render the Service, including but not limited to Customer Data, security access information and configuration services;

    2. comply with all applicable laws and regulations with respect to its activities under this agreement;

    3. carry out all other Customer responsibilities set out in this agreement in a timely and efficient manner. In the event of any delays in your provision of such assistance as agreed by the parties, CubeSocial may adjust any agreed timetable or delivery schedule as reasonably necessary;

    4. ensure that your users use the Service in accordance with the terms and conditions of this agreement and shall be responsible for any customer’s users’ breach of this agreement;

    5. obtain and shall maintain all necessary licences, consents, and permissions necessary for CubeSocial, its contractors and agents to perform their obligations under this agreement, including without limitation the Service;

    6. ensure that its network and systems comply with the relevant specifications provided by CubeSocial from time to time; and

    7. be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to CubeSocial’s data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.

    8. Except as expressly and specifically provided in this agreement:

      1. You assume sole responsibility for the Data, and for conclusions drawn from such use. CubeSocial shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to CubeSocial by You in connection with the Services, or any actions taken by CubeSocial at your direction; and

      2. You understand and acknowledges that the data contained in the Data are publically available information and as such may be inaccurate and that the Data may not be up to date.

  11. Liability

    1. Nothing in this Agreement excludes the liability of the Parties:

      1. for death or personal injury caused by either party’s negligence; or

      2. for fraud or fraudulent misrepresentation.

    2. CubeSocial shall not be liable for any loss of profits, loss of business or revenue, depletion of goodwill and/or similar losses or pure economic loss or for any special, indirect or consequential loss, costs, damages, charges or expenses howsoever arising including whether in contract and tort (including negligence or breach of statutory duty).

    3. CubeSocial’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the amount actually paid by Customer to CubeSocial under this Agreement in the twelve (12) months preceding the date on which the liability arose.

  12. Confidentiality

    1.  The parties agree not to:

    2. disclose any Confidential Information; or

    3. make any use of any such Confidential Information other than for the purposes of performance of this Agreement.

    4. Each party may disclose Confidential Information received from the other to its responsible employees, consultants, sub-contractors or suppliers who need to receive the information in the course of performance of this Agreement and who have entered into an agreement containing appropriate confidentiality provisions.

    5. The confidentiality obligations in this clause shall not apply to any information which:

    6. is or subsequently becomes available to the general public other than through a breach by the receiving party; or

    7. is already known to the receiving party before disclosure by the disclosing party;

    8. is developed through the independent efforts of the receiving party; or

    9. receiving party rightfully receives from a third party without restriction as to use.

    10. Upon termination or expiration of this Agreement, each party shall return or destroy all Confidential Information obtained from the other party and all copies thereof..

    11. The terms of this Agreement are confidential and may not be disclosed by You without the prior written consent of CubeSocial.

    12.  The provisions of clause 12 shall remain in full force and effect notwithstanding termination of this licence for any reason.

  13. Intellectual Property Rights

    1. You acknowledge that all Intellectual Property Rights in the Service belong and shall belong to CubeSocial or its licensors and You shall have no rights in or to the Service other than the right to use the Service in accordance with the terms of this Agreement.

  14. Indemnity

    1. You shall defend, indemnify and hold harmless CubeSocial against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Service, provided that:

      1. You are given prompt notice of any such claim by CubeSocial;

      2. CubeSocial provides reasonable co-operation to You in the defence and settlement of such claim, at your expense; and

      3. You are given sole authority to defend or settle the claim.

  15. Termination

    1. You may cancel your subscription to the Service at any time by visiting your CubeSocial account page and such termination shall have effect at the expiry of the then-current Term that it has already paid for (one month or one year).

    2. Either party may terminate this Agreement at any time on written notice to the other if the other:

      1. is in material or persistent breach of any of the terms of this Agreement and either that breach is incapable of remedy, or the other party fails to remedy that breach within 30 days after receiving written notice requiring it to remedy that breach; or

      2. is unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986), or becomes insolvent, or is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction), or has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets, or enters into or proposes any composition or arrangement with its creditors generally, or is subject to any analogous event or proceeding in any applicable jurisdiction.

    3. Termination by either party in accordance with the rights contained in clause 14 shall be without prejudice to any other rights or remedies of that party accrued prior to termination.

    4. On termination for any reason:

      1.  all rights granted to You under this Agreement shall cease;

      2.  You shall cease all activities authorised by this Agreement; and

      3. CubeSocial will not refund any remaining portion of subscription fees you have already paid for.

  16. Force Majeure

    1. No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in this clause shall excuse You from any payment obligations under this Agreement.

  17. Waiver

    1. No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.

  18. Severability

    1. If any provision of this Agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

  19. Amendments

    1. Any amendment, waiver or variation of this Agreement shall not be binding on the parties unless set out in writing, expressed to amend this Agreement and signed by or on behalf of each of the parties.

  20. Assignment

    1. You shall not assign or sub-contract or purport to assign or sub-contract this Agreement or any of its obligations thereunder without the prior written consent of CubeSocial.

    2. CubeSocial may assign the whole or part of its rights and obligations under the Agreement to any other member of the group of companies of which CubeSocial is a member.

  21. No Partnership or Agency

    1. Nothing in this agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

  22. Third Party Rights

    1. This agreement does not confer any rights on any person or party (other than the parties to this agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.

  23. Notices

    1. Notices may be sent by any form of recorded delivery, first-class mail or fax, or email using the email address you used when you signed  up to the Service. We may also send notices to you using any form of recorded delivery, first-class mail or fax, or email using the any email from the cubesocial.com domain or other domain that we choose from time to time.

  24. Entire Agreement

    1. This Agreement and the documents annexed as appendices to this Agreement or otherwise referred to herein contain the whole agreement between the parties relating to the subject matter hereof and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.

  25. Governing Law and Jurisdictions

    1. This Agreement shall be governed by and construed in accordance with English law and each party hereby submits to the exclusive jurisdiction of the English courts.