Cube5 Cortex Terms of Service

1. Acceptance of these Terms

By accessing or using Cube5 Cortex (the “Service”), you agree to be bound by these Terms of Service (the “Terms”). If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization, and “you” refers to that organization.

If you do not agree to these Terms, do not access or use the Service.

2. Definitions

• “Cube5”, “we”, “us”, or “our” means Cube5 SAS (France).
• “Cortex” or “Service” means the Cube5 Cortex platform, including associated applications, features, APIs, software, websites, and services provided by Cube5.
• “Customer” means the entity that enters into an Order (or otherwise obtains access) to the Service.
• “Authorized Users” means individuals authorized by Customer to use the Service.
• “End User” means an individual who uses the Service, including where access is provided by Customer (for example, Customer’s employees or contractors).
• “Order” means an order form, statement of work, subscription agreement, or other ordering document that references these Terms.
• “Customer Content” means data, documents, prompts, files, text, and other content submitted to the Service by or on behalf of Customer.
• “Output” means content generated or returned by the Service in response to Customer Content or user actions.
• “Documentation” means Cube5’s user guides and technical documentation made available for the Service.
• “Privacy Policy” means the Cube5 Cortex Privacy Policy.

3. Changes to these Terms

We may update these Terms in the future. If we make material changes, we will provide reasonable notice (for example, by posting the updated Terms in the Service or otherwise notifying Customer). Continued use of the Service after the effective date of an update constitutes acceptance of the updated Terms.

4. The Service

4.1 Service description

Cortex is a platform designed to support document-based and policy-driven workflows, including features such as knowledge ingestion, search, document analysis, workflow execution, and AI-assisted drafting and decision support.

4.2 Availability and modifications

We may modify, suspend, or discontinue parts of the Service at any time. We will use reasonable efforts to provide advance notice for changes that materially reduce core functionality.

4.3 Beta features

We may offer beta, preview, or experimental features. Such features are provided “as is,” may be changed or discontinued at any time, and may be subject to additional terms.

5. Eligibility and account registration

You must be legally capable of entering into a binding agreement to use the Service. Customer is responsible for:

• ensuring Authorized Users comply with these Terms,
• maintaining the confidentiality of account credentials,
• all activity occurring under Customer accounts.

6. Orders, fees, taxes

6.1 Orders

Access to the Service may require an Order. Each Order may specify subscription term, usage limits, support level, and fees.

6.2 Fees

Customer will pay all fees specified in the applicable Order, in the currency and on the schedule described in the Order. Unless otherwise stated, fees are non-refundable.

6.3 Taxes

Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Customer is responsible for all applicable taxes, except taxes based on Cube5’s net income.

6.4 Late payments

If Customer fails to pay undisputed amounts when due, we may charge interest at the lesser of 1.5% per month or the maximum rate permitted by law, and may suspend access after providing notice.

7. License and permitted use

7.1 License to use the Service

Subject to these Terms and the applicable Order, Cube5 grants Customer a limited, non-exclusive, non-transferable, revocable right during the subscription term to access and use the Service for Customer’s internal business purposes, by Authorized Users, in accordance with the Documentation.

7.2 Restrictions

Customer will not (and will not allow any third party to):

• copy, modify, or create derivative works of the Service (except as expressly permitted),
• reverse engineer, decompile, or attempt to discover source code or underlying systems (except to the extent prohibited by law),
• access the Service to build a competing product or service,
• circumvent usage limits, technical restrictions, or security controls,
• transmit malware, abusive content, or content that infringes others’ rights,
• use the Service in a manner that violates applicable laws.

7.3 Acceptable use

Customer and Authorized Users must use the Service responsibly. Prohibited activities include:

• interfering with or disrupting the Service,
• unauthorized access to accounts or systems,
• scraping or harvesting data from the Service except as permitted via documented APIs,
• using the Service to generate unlawful, harmful, or deceptive content.

8. AI-specific terms and human review

8.1 Nature of AI outputs

Customer acknowledges that the Service may produce Output that is probabilistic and may be inaccurate, incomplete, or inappropriate for the intended purpose.

8.2 Human-in-the-loop requirement for critical decisions

Customer is responsible for reviewing Output before use, especially for decisions with legal, financial, medical, compliance, employment, or safety impact. Customer remains solely responsible for actions taken based on Output.

8.3 No professional advice

The Service and Output do not constitute legal, financial, medical, or other regulated professional advice. Customer should seek appropriate professional advice where required.

8.4 Customer instructions and guardrails

Customer is responsible for configuring workflows, approvals, permissions, and guardrails (where available) to meet Customer’s requirements.

9. Customer Content, data rights

9.1 Ownership

As between the parties, Customer retains all right, title, and interest in and to Customer Content. Cube5 retains all right, title, and interest in and to the Service, Documentation, and Cube5 technology.

9.2 License to process Customer Content

Customer grants Cube5 a worldwide, non-exclusive license to host, copy, transmit, process, and display Customer Content and Output only as necessary to provide, maintain, and operate the Service, provide support, and comply with legal obligations.

9.3 Responsibility for Customer Content

Customer represents and warrants that it has all rights and permissions necessary to provide Customer Content to the Service and for Cube5 to process it as described in these Terms.

9.4 Data retention and deletion

Unless otherwise specified in an Order and/or a data processing agreement:

• Cube5 keeps Customer Content and related metadata only as long as necessary for the purposes of providing the Service, security, support, and legal/operational needs.
• Retention periods may differ based on the context (pilot/testing vs. production) and Customer’s contractual requirements.

As a baseline for test access, Cube5 retains account and usage data only for the duration of the pilot/testing phase and deletes it within 90 days after the end of the access period, unless a longer period is required for security, support, or legal reasons.

10. Security and privacy

10.1 Security

We implement and maintain administrative, technical, and organizational measures designed to protect the confidentiality, integrity, and availability of the Service and Customer Content. Cortex is designed with security-by-default principles, including:

• Authentication via Firebase/Google Identity Platform.
• Role-based access control (RBAC) and tenant isolation.
• Secure storage and access controls for uploaded files (for example, signed URLs).

10.2 Privacy; roles under GDPR

Cube5’s processing of personal data in connection with the Service is described in the Privacy Policy.

If the Service is provided to End Users by Customer (for example, an employer or a Cube5 client), Customer may act as controller for some processing activities (including documents and content uploaded for Customer’s business purposes) and Cube5 may act as processor on Customer’s behalf. In such cases, Customer’s own privacy notice also applies.

10.3 Sub-processors, recipients, and international transfers

We do not sell personal data.

We may share personal data with service providers (sub-processors) who help us host and operate the Service (for example cloud hosting, authentication, storage, observability). Sub-processors act under contract and on our instructions.

Some service providers may process data outside the EEA/UK. When this happens, we implement appropriate safeguards as required by GDPR (for example Standard Contractual Clauses and supplementary measures where applicable).

10.4 Cookies and similar technologies

The Service may use cookies or similar technologies that are necessary for authentication and core application functionality. If additional analytics or marketing cookies are used in a specific deployment, they will be described in a dedicated cookie notice and, where required, managed via consent.

11. Support, maintenance

Support and service levels, if any, will be as described in an Order, statement of work, or support policy. We may perform maintenance that may temporarily affect availability, and will use reasonable efforts to schedule planned maintenance to minimize disruption.

12. Third-party services and integrations

The Service may interoperate with third-party services, software, or content (collectively, “Third-Party Services”). Cube5 does not control Third-Party Services and is not responsible for them. Your use of Third-Party Services is subject to the third party’s terms, and Cube5 makes no warranties with respect to Third-Party Services.

13. Intellectual property

13.1 Cube5 intellectual property

Except for the limited rights expressly granted to Customer under these Terms, Cube5 and its licensors reserve all rights, title, and interest in and to the Service and Cube5’s intellectual property, including all related software, algorithms, models, interfaces, and know-how.

13.2 Feedback

If Customer provides suggestions, ideas, or feedback regarding the Service (“Feedback”), Customer grants Cube5 a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use and incorporate Feedback into the Service without restriction and without any obligation to Customer.

14. Confidentiality

14.1 Confidential information

“Confidential Information” means non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential, including business, product, technical, security, and pricing information. Customer Content is Customer’s Confidential Information.

14.2 Protection

Each party will use reasonable care to protect the other party’s Confidential Information and will not use the other party’s Confidential Information except as necessary to perform under these Terms.

14.3 Exclusions

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party, (b) was lawfully known by the receiving party without confidentiality obligations, (c) is received from a third party without breach of confidentiality obligations, or (d) is independently developed without use of the disclosing party’s Confidential Information.

14.4 Compelled disclosure

A party may disclose Confidential Information to the extent required by law or valid legal process, provided it gives the other party reasonable notice (to the extent legally permitted) and cooperates in seeking confidential treatment.

15. Warranties, disclaimers

15.1 Mutual warranties

Each party represents and warrants that it has the legal power and authority to enter into these Terms.

15.2 Disclaimer

THE SERVICE, DOCUMENTATION, AND OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUBE5 DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

15.3 No guarantee of results

Cube5 does not warrant that the Service or Output will be error-free, uninterrupted, or that Output will be accurate or suitable for any specific purpose.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• IN NO EVENT WILL CUBE5 BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• CUBE5’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO CUBE5 FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply.

17. Indemnification

17.1 By Customer

Customer will indemnify and hold harmless Cube5 and its affiliates, officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Customer Content, (b) Customer’s use of the Service in violation of these Terms or applicable law, or (c) Authorized Users’ misuse of the Service.

17.2 By Cube5

Cube5 will indemnify and hold harmless Customer from and against any third-party claims that the Service, when used in accordance with these Terms, infringes a third party’s intellectual property rights, and will pay damages and costs finally awarded against Customer, provided that Customer: (a) promptly notifies Cube5 of the claim, (b) gives Cube5 sole control of the defense and settlement, and (c) provides reasonable cooperation.

17.3 Exclusions

Cube5’s indemnification obligations will not apply to claims arising from: (a) Customer Content, (b) combination of the Service with products or services not provided by Cube5 where the claim would not have arisen but for such combination, (c) use of the Service not in accordance with the Documentation or these Terms, or (d) beta features.

17.4 Remedies

If the Service becomes, or in Cube5’s opinion is likely to become, the subject of an infringement claim, Cube5 may: (a) procure the right for Customer to continue using the Service, (b) replace or modify the Service so that it becomes non-infringing, or (c) terminate the affected portion of the Service and refund any prepaid, unused fees for that portion.

18. Term, suspension, termination

18.1 Term

These Terms begin when you first access or use the Service and continue until terminated as described below, or until the applicable Order expires or is terminated.

18.2 Suspension

We may suspend access to the Service: (a) for non-payment of undisputed fees, (b) if we reasonably believe Customer’s use poses a security risk, could adversely impact the Service or other customers, or violates applicable law or these Terms, or (c) as required by law. Where practicable, we will provide notice and an opportunity to cure.

18.3 Termination for cause

Either party may terminate an Order (or these Terms if no Order applies) upon written notice if the other party materially breaches and fails to cure within thirty (30) days of notice.

18.4 Effect of termination

Upon termination or expiration:

• Customer’s right to use the Service will cease,
• Customer will promptly pay any unpaid fees,
• each party will return or destroy the other party’s Confidential Information as reasonably requested.

Any provisions that by their nature should survive will survive (including confidentiality, disclaimers, limitations of liability, indemnities, and governing law).

19. Publicity

Unless otherwise agreed in writing, Cube5 may identify Customer as a customer in its marketing materials (for example, by displaying Customer’s name and logo), and Customer may request removal by written notice.

20. Export controls and sanctions

Customer will comply with applicable export control and economic sanctions laws and regulations.

21. Force majeure

Neither party will be liable for any delay or failure to perform (except for payment obligations) due to events beyond the party’s reasonable control, including natural disasters, labor disputes, internet or hosting failures, governmental actions, and failures of third-party service providers.

22. Assignment

Customer may not assign or transfer these Terms, in whole or in part, without Cube5’s prior written consent, except to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all assets, provided the assignee agrees in writing to be bound by these Terms. Any attempted assignment in violation of this section is void. Cube5 may assign these Terms without restriction.

23. Relationship of the parties

The parties are independent contractors. These Terms do not create a partnership, joint venture, employment, or agency relationship.

24. Notices

Notices must be in writing and will be deemed given when delivered personally, sent by confirmed email, or sent by recognized courier to the addresses set forth in the applicable Order (or otherwise provided by a party).

For Cube5, notices should be sent to: legal@cube5.ai.

25. Entire agreement; order of precedence

These Terms, together with any Orders and referenced policies (including the Privacy Policy), constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous understandings. In the event of a conflict, the following order of precedence applies: (1) the applicable Order, (2) any data processing agreement, (3) these Terms.

26. Severability; waiver

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect. A waiver of any breach is not a waiver of any other breach.

27. Governing law; venue

These Terms are governed by the laws of France, without regard to conflict of law principles. The courts of Paris, France will have exclusive jurisdiction over any dispute arising out of or related to these Terms or the Service, except where mandatory law provides otherwise.

28. Changes in law, compliance

Customer is responsible for ensuring its use of the Service complies with applicable laws and regulations, including any industry-specific obligations. Cube5 may update the Service to address legal or regulatory requirements.

29. Contact

Questions about these Terms may be directed to Cube5 at legal@cube5.ai.