This Terms of Use establishes the general conditions for using the CuboPlus system, a SaaS platform (software as a service) that offers features such as link shorteners, QR codes, biographical pages and click analysis of generated links. The system is owned and operated by Cubotimize Soluções em Intelligence Tecnológica LTDA, with headquarters at Av. Rio Branco, 26, Centro – Rio de Janeiro/RJ. CEP: 20090-001, registered with the CNPJ under nº 25.002.129/0001-60, website cubotimize.com.
By registering and using the system, you (user) agree to comply with and respect this Terms of Use, as well as applicable legislation. If you do not agree with any of the terms and conditions, you should not use the system.

1. Registration and Access

• To use the system, it is necessary to register, providing personal and professional data, such as name, email, telephone number, CPF or CNPJ, address, among others. The user is responsible for the veracity, updating and security of their registration data, as well as for keeping their access password. The user must not share their account with third parties, nor use the account of other users.
• The system offers different subscription plans, with varying features and prices, as described on the cubo.plus website. The user is free to choose the plan that best meets their needs and pay monthly or annually, depending on the modality chosen. The system also offers a free plan, with limited resources, which can be used at no cost.

1.1. The 7 (seven) Day Refund Period

• Cubotimize clarifies that within a period of 7 (seven) days, after contracting the platform, the user, now a consumer, will enjoy the right to cancel with the right to a refund as provided for in the Repentance Law, since within the aforementioned period, the user , now the consumer will be aware of the entire contracted service, being able to reflect, decide and exercise the right to repent.
• In this sense, the provisions of article 49 of the Consumer Code stand out, which states that “the consumer may withdraw from the contract, within 7 days of signing it or receiving the product or service, whenever the contracting for the supply of products and services occurs outside the commercial establishment, especially by telephone or at home”.
• It should be noted that Cubotimize, in good faith, transparency and care towards the user, now consumer, will make available to the user during the 7 (seven) days of use of the contracted product, the exercise of the right to repentance during the aforementioned period, If you do not do so, your rights will be forfeited.
• The refund must be requested by the user within the aforementioned period, now provided for by Law, that is, 7 (seven) days, and such request must be made to the platform through the contact methods provided by the platform.
  It should be noted that the user will not receive the refund described above in the event of a cancellation request after the period provided for by law, that is, 7 (seven) days.

2. Use of the System

• When using the system, the user undertakes to respect the copyrights, trademarks, patents and other intellectual property rights of Cubotimize, CuboPlus and third parties, as well as not to use the system for illicit, pornographic, defamatory, discriminatory, violent, pirated, without legal permission and other prohibitions described in clause 3 of these Terms of Use.
• The user acknowledges that he is solely responsible for the content of the links he generates through the system and also shares, as well as for the biographical pages that the user creates, in addition to the content of QR Codes, CTA, splash, among other resources present on the platform.
• The user exempts Cubotimize and CuboPlus from any responsibility for damages caused to the user or third parties as a result of improper use of the system.
  Cubotimize reserves the right to monitor, audit, remove or block links and biographical pages that violate these Terms of Use, current legislation or public order. Cubotimize also provides a channel for the general public to report illegal links generated by the system, via the address https://cubo.plus/report.
• Cubotimize clarifies that the user who disrespects and fails to comply with this Terms of Use, using the system for illegal purposes as explained above, will suffer penalties with the immediate suspension of use of the platform and cancellation of the contract, with the application of a fine to the user who violates the this Terms of Use.

3. User Prohibitions for Generating Links

The user is prohibited from:

1. Generate links with personalized aliases for booking purposes, personalized links that are more than 180 (one hundred and eighty) days after generation and that have never had clicks or have only had test clicks. The purpose of this prohibition is to prevent users from generating links to reserve personalized links, which will consequently not be used, thus preventing other users from using them.
2. Shorten links with alias customization that contain the name, part or similar to cuboplus, cubo+, cubo and cubotimize, as part of the customized links.
3. Use the system to re-shorten links that have already been shortened previously, and it is not permitted to re-shorten links created through CuboPlus using other URL shortening services.
4. Shorten links with personalized aliases or target content that contain profanity or profanity, obscene, vulgar, offensive language or language that incites hate speech, pornography or the like.
5. Generate links with destinations that contain cyber threats, such as Viruses, Worms, Trojan Horses, Spyware, Malware, Botnets, Phishing, Spam and Scam.
6. Use the system for illegal, pornographic, semi-nude, vulgar, defamatory, discriminatory, violent, pirated purposes or without legal permission.
7. Create Bio Page that does not have any contact information, use resources to reproduce or create in a similar way to a fan page or web page, without authorization from Cubotimize. Ensure that the Bio Page is used in accordance with its main purpose of facilitating contacts.
8. Generate links that direct to content from betting houses, BETs or similar. The purpose of this prohibition is to prevent the promotion of gambling, which may be illegal in several jurisdictions and may harm the platform's reputation. For more details, see Appendix 1.

Appendix 1, clause 3.8:

• Auditing links leading to bookmakers and BETs is extremely complex due to the dynamic and often hidden nature of these sites. Many of these sites frequently change their domains and use techniques to avoid detection, making complete and continuous auditing difficult.
• Furthermore, the promotion of gambling is a legally sensitive issue. In Brazil, the exploitation of games of chance is governed by several laws and regulations, including Decree-Law No. 3,688/1941 (Criminal Misdemeanors Law), which prohibits the practice of games of chance, except in specific cases authorized by the government. Violation of these laws can result in severe penalties for both the betting site operators and the platforms that promote them.
• Therefore, to ensure compliance with Brazilian laws and protect the integrity and reputation of CuboPlus, the platform explicitly prohibits the generation of links that direct to content related to betting houses and BETs. This measure also aims to protect users from potential fraud and illicit activities associated with these types of services.
• See the Planalto portal, Decree-Law nº 3,688/1941, CHAPTER VII, available on the DEL3688 website (planalto.gov.br).

The CuboPlus platform has an advanced content analysis system that automatically identifies and blocks links that violate the Terms of Use by containing cyber threats such as Viruses, Worms, Trojan Horses, Spyware, Malware, Botnets, Phishing, Spam and Scam, aiming to security and integrity of users and their data.

Cubotimize clarifies that any user who disrespects and fails to comply with the aforementioned restrictions will suffer immediate exclusion without prior notice, in addition to suffering other penalties such as the imposition of a fine on the user who violates this Terms of Use.

4. Payment and Cancellation

• Payment for the system's paid plans must be made using the payment methods available on the cube.plus website, in accordance with the established conditions. Failure to pay the amounts relating to the monthly fee and/or other services may result in temporary interruption, definitive cancellation of access to the system or migration to the free plan.
• Upon user default, in addition to the aforementioned penalty, historical records that have a registration date greater than the retention period of the free plan will be deleted.
• The user can cancel the contracted plan at any time, without penalty, free of loyalty, through the system itself or by contacting Cubotimize support.
   
• Please note that cancellation does not imply a refund of amounts already paid, but only the interruption of billing for the subsequent month or year. The user will still have access to the system for the remaining period of the plan, which has now been cancelled. After this period, the user will be automatically transferred to the free plan, respecting the data retention time of the free plan.
• The refund provided for in clause 1.1, refers only to the period of 7 (seven) days, from the contracting of said platform, as provided for in the Repentance Law, as provided for in article 49 of the Consumer Code, the user being aware that after After the 7 (seven) day period has elapsed, any cancellation will not result in a refund, given that the 7 (seven) day period, provided for by law, has been exceeded.
• Regarding payment, the user will receive the Invoice (NFS-e) by the end of the following month via the registration email after confirming the subscription payment with the data entered in the payment process.
• The data for issuing the Invoice (NFS-e) will be the same as that used in the payment process, with the exception of CPF, CNPJ or passport, which we do not have access to. In this scenario, we have the following conditions:

1. Brazilian Individuals must provide their CPF and address data, which is mandatory for issuing an Invoice (NFS-e).
2. Brazilian company, must send an email with the CNPJ card and Municipal or State registration, mandatory for issuing an Invoice (NFS-e).
3. Foreign Individual, must send passport and address data, which is mandatory for issuing an Invoice (NFS-e).
4. Foreign Company, must send the Foreign Identifier data and address, mandatory for issuing an Invoice (NFS-e).

• Note: Data can be entered during the checkout process, on the profile settings page, or by contacting support.

If the user needs any additional information or has any questions about the process, please contact us via the chat available on the cubo.plus website.

5. Support and Service

Cubotimize offers support and service to system users, through the communication channels available on the cubo.plus website, during the hours of 9 am to 12 pm and 2 pm to 5 pm, which may vary according to demand, respecting and suspending during holiday periods Nationals from Brazil, the State of Rio de Janeiro and the Municipality of Itaboraí. Cubotimize strives to meet user requests in the best possible way, but like any system, it is not possible to guarantee that all problems will be resolved immediately or that the system will operate without failures or interruptions, however, Cubotimize is committed to work to maintain the best possible quality of services contracted by users, with excellent layers of security and availability.

6. Privacy and Security

• Cubotimize respects users' privacy and protects users' personal data in accordance with its privacy policy, available on the cube.plus website. By using the system, the user authorizes Cubotimize to collect, store, process and share their personal data, as necessary for the provision of services and for statistical and marketing purposes.
• Cubotimize uses Google tools, such as AdSense and Analytics, to analyze Cubotimize and the system. These tools may collect and process your personal data in accordance with Google's privacy policies, available at https://policies.google.com/privacy. Cubotimize may also use other analysis tools and even a Business Intelligence (BI) tool for analysis, which complies with the Terms of Use.
• Cubotimize adopts technical and administrative measures to ensure the security of users' personal data and systems, but cannot guarantee that there will be no security incidents or data breaches by malicious third parties. If any security incident occurs that could affect users' personal data or the functioning of the system, Cubotimize will inform the user and the competent authorities, in accordance with applicable legislation.
• Cubotimize emphasizes to the user that the aforementioned platform is hosted in a high availability and capacity environment, configured with several versions of daily backups such as a contingency plan, malware verification system and layers of protection against attacks. We strongly recommend that the user activate the two-factor automation (2FA) available in the system, see how to activate it on the cube.plus website.

7. Intellectual Property

• The system, the cubo.plus website, the CuboPlus brand, the Cubotimize brand and all graphic, visual, sound, textual and technological elements that make up the system are the exclusive property of Cubotimize and are protected by copyright, trademark, patents and other intellectual property rights.
• The user does not acquire any intellectual property rights over the system or its components, only a limited, non-exclusive, non-transferable and revocable license for use.
• The user may not copy, reproduce, modify, adapt, translate, distribute, transmit, publish, display, license, sell, rent, lend or in any way exploit the system or its components, without the prior and express authorization of Cubotimize. The user may also not create derivative works, reverse engineer, decompile, disassemble or attempt to discover the source code of the system or its components.
• Cubotimize emphasizes that the user who disrespects and fails to comply with this Terms of Use, violating the rules of intellectual property as explained above, will suffer penalties with the immediate suspension of use of the platform, and cancellation of the contract with the application of a fine to the user who violates the this Terms of Use.

8. Changes and Updates

• Cubotimize reserves the right to change or update these Terms of Use, at any time, by publication on the cube.plus website, as well as by email notification to users. Changes or updates will come into effect 7 (seven) days from the date of publication on the cube.plus website. If the user does not agree with the changes or updates, the user must cancel their plan and stop using said system.
• Cubotimize also reserves the right to change or update the system or plans, at any time, through corrections, improvements, new features, removal of features or other modifications. These changes or updates do not imply any burden or responsibility for Cubotimize, nor do they confer any rights or compensation to users.
• Cubotimize may be adjusting plan values ​​annually, for the purpose of establishing inflationary application, monetary corrections or adjustments to system resources or structure.
• Cubotimize will permanently delete historical records according to the current plan's retention period. When the user switches plans to an option that has a lower retention period defined, it will result in the deletion of historical records that have a registration date greater than the retention period of the chosen plan.

9. Liability and Warranty

• Cubotimize explains that, like any system, there is no such thing as 100% security, due to the rapid evolution of technology and new discoveries of vulnerabilities, despite this, we treat this issue critically, performing backups, environment updates and adding extra layers of security, however, the system is provided as is, without any express or implied warranty of quality, performance, suitability, availability, security or compatibility. Cubotimize does not guarantee that the system will meet all your expectations or needs, nor that the system will function without errors, defects, failures or interruptions.
• Cubotimize is not responsible for any damages, direct or indirect, resulting from the use or inability to use the system, whether due to the fault of Cubotimize or third parties, including, but not limited to, loss of data, loss of profits, moral damages , consequential damages or consequential damages.
• The user assumes all responsibility for the use of the system and the associated risks, as well as for verifying the suitability of the system to their needs and expectations. Furthermore, the user is also responsible for indemnifying and exempting Cubotimize from any claims, actions, demands, losses, costs, expenses or liabilities that may arise due to their use of the system or violation of these Terms of Use.
• Cubotimize does not respond objectively, nor jointly or in a subsidiary manner, for any damages, whether direct or indirect, caused to third parties, due to the exclusive fault of the user, since the user is solely responsible for any illegal act or violation of the rights of a third party that is harmed due to the user's illegal practice.

10. Term and Termination

• This Terms of Use comes into force on the date the user registers in the system and remains valid for an indefinite period of time, until terminated by the user or by Cubotimize. Termination of this Terms of Use implies the termination of the user's access to the system and the definitive deletion of their personal data and the links and biographical pages that the user generated or created through the system.
• Cubotimize may terminate this Terms of Use and suspend your access to the system, at any time, without prior notice, if the user fails to comply with any of the provisions of this Terms of Use, current legislation or public order, or at the convenience of Cubotimize .
• The user may terminate this Terms of Use and cancel their access to the system, at any time, without prior notice, through the system itself or by contacting Cubotimize support.

11. General Provisions

• This Terms of Use constitutes the entire agreement between the user and Cubotimize, in relation to the use of said system, and prevails over any other document, understanding or prior or subsequent communication. Any tolerance or omission by Cubotimize to require compliance with any of the provisions of this Terms of Use does not constitute a waiver, novation or change to the agreement.
• If any part of these Terms of Use is held to be invalid, illegal or unenforceable for any reason, the remaining parts will remain valid, legal and enforceable. The parties shall replace the invalid, illegal or unenforceable part with a valid, legal and enforceable part that, to the maximum extent possible, preserves the original intent of the parties.
• This Terms of Use is governed by and interpreted in accordance with the laws in force in Brazil and the user irrevocably submits to the exclusive jurisdiction of the courts in the country.
• If you have any questions, suggestions or complaints about this Terms of Use or the system, the user may contact Cubotimize through the communication channels available on the cubo.plus website.
• The jurisdiction of Itaboraí/RJ, Brazil is elected for the exercise and fulfillment of the rights and obligations resulting from this contract.

Last updated date: November 06, 2024.