Terms of Service

Introduction

These Terms of Service ("Terms") govern your access to and use of the website at cybercube.software (the "Website"), operated by CYBERCUBE Software, a brand operated by 64 West LLC ("CYBERCUBE," "we," "us," or "our").

These Terms apply to your use of the Website. They do not themselves create a services agreement. Any software development or related services we provide to a client are governed by a separate written agreement — such as a proposal, statement of work, or master services agreement — and, where that agreement conflicts with these Terms, that agreement controls for the services it covers.

1. Who We Are

CYBERCUBE Software is a software development company providing custom software, web applications, and related services to businesses. CYBERCUBE Software is a brand operated by 64 West LLC.

You can reach us at [email protected] or through the contact form on this Website.

2. Acceptance of These Terms

By accessing or using the Website, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, please do not use the Website.

If you use the Website on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to that organization.

3. Use of the Website

We grant you a limited, non-exclusive, non-transferable, revocable permission to access and use the Website for your own informational and business purposes, subject to these Terms.

The Website is provided for general information about our services. Nothing on the Website is a binding offer, a guarantee of results, or professional (including legal, financial, or security) advice.

4. Acceptable Use

When using the Website, you agree not to:

• Use the Website in violation of any applicable law or regulation;
• Attempt to gain unauthorized access to the Website, its servers, or any connected systems or networks;
• Probe, scan, or test the vulnerability of the Website except as permitted under our Security & Trust vulnerability-reporting process;
• Interfere with or disrupt the integrity or performance of the Website, including through denial-of-service attacks, malware, or excessive automated requests;
• Scrape, harvest, or collect information about other users, or submit false, misleading, or another person's information through our forms;
• Reproduce, duplicate, copy, sell, or exploit any portion of the Website except as expressly permitted by these Terms.

5. Intellectual Property

The Website and its contents — including text, graphics, logos, images, page layout, and software — are owned by or licensed to 64 West LLC and are protected by intellectual property laws. The "CYBERCUBE" name and logo are our marks. Except for the limited permission in Section 3, these Terms do not grant you any right, title, or interest in the Website or its contents.

Client deliverables are different. Work we create for a client under a services agreement — the source code, design work, and associated intellectual property — belongs to that client, as described in that agreement, typically from the first commit. This Section 5 concerns the Website only, not deliverables produced for clients.

6. Services and Engagements

Information about our services, plans, and indicative pricing on the Website is provided for general guidance and may change at any time without notice. It does not constitute a binding offer or a fixed quote.

Any engagement begins only when we and a client enter into a separate written agreement that defines scope, deliverables, fees, timelines, confidentiality, data handling, and the ownership of deliverables. Those agreements — not these Terms — govern the services themselves.

7. Third-Party Links and Services

The Website may link to or rely on third-party websites and services that we do not control (for example, analytics, a bot-protection provider, and email delivery). We are not responsible for the content, policies, or practices of third parties. Your use of a third-party service is governed by that party's terms and privacy policy.

8. Disclaimers

THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Website will be uninterrupted, timely, secure, or error-free, or that any information on it is accurate, complete, or current. You use the Website at your own risk. This section does not limit any warranties expressly given in a separate services agreement.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 64 WEST LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, AND CONTRACTORS WILL NOT 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 RELATING TO YOUR USE OF — OR INABILITY TO USE — THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE WEBSITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Liability arising from a services agreement is governed by that agreement, not this section.

10. Indemnification

You agree to indemnify and hold harmless 64 West LLC and its owners, officers, employees, and contractors from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your misuse of the Website or your violation of these Terms or of any applicable law.

11. Privacy

Our Privacy Policy explains how we collect, use, and protect personal data in connection with the Website. By using the Website, you acknowledge that processing as described in the Privacy Policy. For how we approach security, confidentiality, and vendor review, see our Security & Trust page, too.

12. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last Updated" date above. Changes take effect when posted. Your continued use of the Website after changes are posted constitutes acceptance of the revised Terms.

13. Governing Law

These Terms are governed by the laws of the State of Illinois, United States, without regard to its conflict-of-laws principles. You agree that any dispute arising out of or relating to these Terms or the Website will be subject to the exclusive jurisdiction of the state and federal courts located in Illinois, and you consent to the personal jurisdiction of those courts.

If any provision of these Terms is held to be unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

14. Contact Us

Questions about these Terms? Reach us at:

64 West LLC (doing business as CYBERCUBE Software)
Email: [email protected]
Online: Contact form