Terms of Service
Updated: Sept 15, 2025
Welcome to cubic.dev. These Terms of Service (the "Terms") govern your access to and use of our website at cubic.dev, our related websites, hosted applications, downloadable software, and services (collectively, the "Service"). The Service is provided by MRGE, Inc. ("we", "us", "cubic" or "our"), a Delaware corporation, United States.
By accessing or using the Service, you agree to be bound by these Terms, including cubic's Privacy Policy (collectively, the "Agreement"). If you do not agree to these Terms, do not use the Service.
PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 16. BY ACCEPTING THESE TERMS, YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN GOING TO COURT.
1. Eligibility
1.1 Age Requirement
You must be at least the age of majority in your jurisdiction (e.g., 18 years old in the U.S.) or older to use the Service. By using the Service, you represent and warrant that you are at least 18 years old or the age of majority, whichever is higher.
1.2 Compliance
You may use the Service only if you can form a legally binding contract with cubic and are not barred under any applicable laws from doing so.
1.3 Entity Use
If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. In such a case, the terms "you" and "your" will refer to both you as an individual and the organization.
2. Accounts and Registration
2.1 Account Creation
You may need to create an account to access certain features of the Service. When you register, you agree to provide accurate, current, and complete information.
2.2 Account Responsibilities
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately at contact@cubic.dev if you suspect any unauthorized access to or use of your account.
2.3 Account Suspension or Deletion
We may suspend or delete accounts that we believe, in our sole discretion, are being used in violation of these Terms or any applicable law or for any other reason at our sole discretion.
3. Fees and Payment
3.1 Paid Services
Certain features of the Service may require payment of fees. You will have the opportunity to review and accept the fees before you incur them.
3.2 Price Changes
cubic reserves the right to change its pricing at any time. We will provide notice of changes by posting updated information on the Service or by other reasonable means. Your continued use of the Service after a price change becomes effective constitutes acceptance of the changed amount.
3.3 No Refunds
Except as required by law, all fees are non-refundable. If we suspend or terminate your account due to your violation of these Terms, you will not receive a refund.
4. License Grant and Restrictions
4.1 Limited License
Subject to your compliance with this Agreement, cubic grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business or personal use, as applicable.
4.2 Restrictions
Except and solely to the extent such a restriction is impermissible under applicable law, you agree not to:
- Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Service, except as expressly permitted by these Terms.
- Reverse engineer, decompile, or disassemble any part of the Service.
- Interfere with or circumvent any feature of the Service, including any security or access control mechanism.
5. User Content, User Data, and Feedback
5.1 Definitions
For the purposes of this Agreement:
- "User Content" means any code, text, files, or other materials that you intentionally submit or upload to the Service (e.g., source code, pull-request descriptions, configuration files).
- "Customer Code" means source code, diffs, pull-request content, configuration files, and other code-related materials included in User Content.
- "User Data" means personal information or usage data cubic collects automatically or that you provide for account administration (e.g., name, email, billing details, telemetry, IP address).
- User Data is distinct from User Content; unless expressly stated, one term does not include the other.
5.2 User Content License
Certain features of the Service may allow you to submit or upload User Content. You retain all rights in your User Content, subject to the licenses granted herein.
5.3 Feedback
You retain all right, title, and interest in any ideas, suggestions, or proposals you voluntarily submit to cubic ("Feedback"). By submitting Feedback, you grant cubic a worldwide, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use, copy, modify, and create derivative works from that Feedback for any purpose, provided that Feedback does not include your Confidential Information or Customer Code.
5.4 Ownership of AI Output/Suggestions
You retain all right, title, and interest in and to any code generated by the Service based on your prompts or inputs (collectively, "Suggestions"). Subject to your compliance with this Agreement, cubic hereby assigns to you any rights it may have in such Suggestions. You may use, reproduce, modify, distribute, and otherwise exploit Suggestions for any lawful purpose, provided that you continue to comply with these Terms.
6. Third-Party Links and Services
6.1 Links to Third Parties
The Service may contain links to third-party websites or resources. We do not endorse and are not responsible for the contents, products, or services on any third-party site. Your use of third-party websites is at your own risk and subject to the terms and conditions of those sites.
6.2 Third-Party AI Providers
We may use third-party AI providers (e.g., OpenAI, Anthropic) to power certain features of our Service. Your use of these AI features indicates your acceptance of those providers' terms and privacy practices, to the extent applicable.
7. Data Usage
7.1 Improving cubic
Subject to any separate written agreement between you and cubic, you grant cubic a non-exclusive, worldwide, royalty-free license to use, process, copy, analyze, evaluate, and create derivative works from information from your use of the Service, including User Content, pull-request information, review results, prompts, feedback, and related metadata, to operate, protect, evaluate, train, fine-tune, and improve cubic and related developer products and services, including AI systems used for code review, software development, security analysis, and related developer workflows.
cubic may exercise these rights through its affiliates, service providers, subprocessors, and permitted assignees, in each case subject to these Terms and any applicable separate written agreement.
cubic does not sell Customer Code. cubic does not permit third-party AI providers to train their own models on Customer Code for their own independent purposes.
7.2 Limited Data Sharing with Third-Party Providers
To deliver AI-powered functionality, we may share User Content and/or User Data strictly as needed with third-party AI providers (e.g., OpenAI, Anthropic). This information is used solely to provide requested AI services and is not retained by these providers for their own purposes, including model training.
7.3 Data Security and Privacy
We employ reasonable security measures to protect any User Content and User Data you submit. You understand and agree that no method of data transmission or storage is completely secure, and we cannot guarantee absolute security.
7.4 User Responsibility
You may upload “User Content” you intend cubic to review. You represent and warrant that you have the right to provide this User Content and that doing so will not violate any applicable law or third-party rights.
cubic disclaims all liability arising from your submission of Regulated Personal Data in violation of this Section.
7.5 Accuracy of AI Outputs
AI-generated outputs ("Suggestions") may contain errors, omissions, or offensive material. These outputs are provided "as is," without warranties of any kind (see Section 12). You acknowledge that you are responsible for verifying the accuracy and suitability of any AI-generated outputs.
8. Modifications to the Service
8.1 Right to Modify
We reserve the right to modify, suspend, or discontinue all or any portion of the Service at any time, for any reason, and without notice. cubic will not be liable to you or any third party for any such modification, suspension, or discontinuation.
8.2 Updates
We may provide updates, patches, or other modifications ("Updates") to the Service that must be installed for you to continue to use the Service. You agree to promptly install any Updates we provide. We are under no obligation to provide support for the Service.
9. Termination
9.1 Termination by You
You may stop using the Service at any time. If you wish to delete your account, you may do so by contacting us at contact@cubic.dev.
9.2 Termination by cubic
We may terminate or suspend your access to the Service immediately, without prior notice, if you breach any provision of these Terms or for any other reason at our sole discretion.
9.3 Effect of Termination
Upon termination, all rights and licenses granted to you in these Terms immediately end. cubic shall have no obligation to store or provide you with any User Content or User Data related to your account.
9.4 Survival
Provisions that by their nature should survive termination of these Terms will survive, including sections regarding Indemnity, Disclaimer of Warranties, Limitation of Liability, Arbitration, and General Terms.
10. Indemnity
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless cubic, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, and suppliers (collectively, the "cubic Entities") from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) your use of the Service; (b) your violation of these Terms; (c) your User Content; or (d) your violation of any third-party right.
11. Intellectual Property
All content, trademarks, service marks, logos, designs, and other intellectual property rights on the Service, other than User Content, are owned by or licensed to cubic. Nothing in these Terms grants you any right to use any of cubic's trade names, trademarks, service marks, logos, domain names, or other brand features.
12. Disclaimer of Warranties
THE SERVICE, INCLUDING ALL CONTENT, MATERIALS, AND FUNCTIONALITIES (SUCH AS AI-GENERATED OUTPUTS), IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CUBIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Service will be uninterrupted, secure, or error-free.
- Any particular results may be obtained from the use of the Service or any AI-generated content.
- The Service or the servers that make it available are free of viruses or other harmful components.
13. Limitation of Liability
13.1 Indirect Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE CUBIC ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.
13.2 Cap on Liability
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CUBIC ENTITIES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID CUBIC, IF ANY, FOR ACCESSING THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
13.3 Basis of the Bargain
You acknowledge and agree that the above limitations of liability form an essential basis of the bargain and that, absent such limitations, cubic would not provide the Service.
14. Privacy Policy
Your use of the Service is also governed by our Privacy Policy. Please review our Privacy Policy for information about how we collect, use, and disclose your personal data.
15. Changes to these Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice by updating the "Last Updated" date at the top of these Terms, posting a notice within the Service, sending you an email, or by other means. Your continued use of the Service following the posting of changes constitutes your acceptance of such changes. If you do not agree to the revised Terms, you must cease using the Service.
16. Arbitration and Class Action Waiver
16.1 Agreement to Arbitrate
You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Service (collectively, "Disputes") will be settled by binding arbitration in the jurisdiction where you reside, unless otherwise agreed upon in writing by you and cubic.
16.2 Class Action Waiver
YOU AGREE THAT DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
16.3 Exceptions
Either party may (a) bring an individual action in small claims court, and (b) seek injunctive or equitable relief in a court of proper jurisdiction if a claim involves intellectual property infringement or violation of any proprietary rights.
16.4 Opt-Out
You may opt out of arbitration within thirty (30) days of first becoming subject to this arbitration provision by contacting us in writing at contact@cubic.dev. If you do not opt out, this arbitration agreement will remain effective.
17. General Provisions
17.1 Governing Law
These Terms are governed by and construed in accordance with the laws of California, without regard to conflict of law principles.
17.2 Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire and exclusive understanding and agreement between you and cubic regarding your use of the Service.
If you have a separate written agreement with cubic, such as an order form, master services agreement, data processing agreement, or enterprise agreement, that agreement controls to the extent it conflicts with these Terms.
17.3 Assignment
You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.
17.4 Severability
If any provision of these Terms is held to be invalid or unenforceable, the provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in force.
17.5 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right under these Terms shall not constitute a waiver of such right.
17.6 Force Majeure
cubic will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, natural disasters, epidemics, or government action.
17.7 Contact Information
If you have any questions regarding these Terms or the Service, please contact us at:contact@cubic.dev