Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website, sovereign AI infrastructure, GPU compute, web hosting, virtual private servers ("VPS"), and related Proxmox-based compute hosted in Missoula, Montana, as well as software, applications, and related services (collectively, the "Services") provided by CubCloud AI, LLC ("CubCloud," "we," "us," or "our"). By accessing or using the Services, creating an account, placing an order, or clicking to accept these Terms, you agree to be bound by them.

These Terms apply to every order for the Services, including orders for web hosting or VPS plans, and are incorporated into any order form, quote, or service agreement. If an order form or signed agreement conflicts with these Terms, the order form or signed agreement controls for that order.

If you are entering into these Terms on behalf of a company or other organization, you represent that you have authority to bind that entity, in which case "you" refers to that entity. If you do not agree to these Terms, do not access or use the Services.

Who We Are

CubCloud is a Montana-based company providing sovereign AI infrastructure, GPU compute, private AI deployment, web hosting and virtual private servers running on our Proxmox hosts in Missoula, Montana, and related professional services. Our principal place of business is:

CubCloud AI, LLC
400 West Broadway St, Suite 102
Missoula, MT 59801

Eligibility

You must be at least 18 years old and capable of forming a binding contract to register for an account or use the Services, including CubDen. By creating an account or accessing or using the Services, you represent and warrant that you are at least 18 years old, that you meet these requirements, and that the information you provide, including your date of birth, is accurate and complete.

The Services are not intended for, and may not be used by, anyone under 18. If we learn that an account was created by or is being used by someone under 18, we will terminate the account and delete associated personal information as described in our Privacy Policy.

Accounts & Registration

Some Services require an account. Only individuals who are at least 18 years old may register, and you will be asked to provide your date of birth to confirm this. You agree to provide accurate information, keep it current, and maintain the security of your credentials. You are responsible for all activity that occurs under your account. Notify us promptly at ***@cubcloud.ai if you suspect any unauthorized use or security breach. We may suspend or terminate accounts that violate these Terms or present a security or compliance risk.

Orders, Fees & Payment

Fees for the Services are described in the applicable order form, quote, subscription plan, or service agreement. Unless otherwise stated:

• Fees are quoted and payable in U.S. dollars and are exclusive of taxes
• You are responsible for applicable sales, use, and similar taxes, excluding taxes on our net income
• Charges are due on the schedule stated in your order form or invoice, and overdue amounts may accrue interest and result in suspension
• Except where required by law or expressly stated, fees are non-refundable once the corresponding services have been delivered or compute has been consumed

We may change pricing for renewals or new orders with notice. Continued use after a pricing change takes effect constitutes acceptance of the new pricing.

Web Hosting & Virtual Private Servers

This section applies to web hosting, VPS, and other Proxmox-based compute we provide ("Hosting Services"), in addition to the rest of these Terms.

Your Content & Responsibility

You are solely responsible for the websites, applications, software, data, and other content you host, install, or run on the Hosting Services, and for the actions of anyone you allow to access them. Unless your order states that we provide managed services, you are responsible for configuring, securing, patching, and maintaining your servers, operating systems, and applications.

Fair Use & Resource Limits

Hosting Services run on shared physical infrastructure and are subject to the resource allocations in your plan and to fair-use limits on CPU, RAM, disk, bandwidth, and I/O. If your usage exceeds those limits or affects the performance, stability, or security of our infrastructure or other customers, we may throttle, limit, or suspend the affected resources, with notice where practicable and without notice where necessary to protect the Services.

IP Addresses

IP addresses are assigned at our discretion, remain our property or that of our network providers, and are not transferable. We may change assigned IP addresses for operational, network, or security reasons, and will use reasonable efforts to provide advance notice when practicable.

Backups

Any backups or snapshots we perform are provided on a best-effort basis only and are not guaranteed to be complete, current, or restorable. You are responsible for maintaining your own independent backups of all data and content you store on the Hosting Services.

Uptime

We do not guarantee any level of uptime or availability for the Hosting Services unless a specific commitment is stated in a separate order form or service level agreement.

Acceptable Use

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party right
• Infringe intellectual property, misappropriate trade secrets, or breach confidentiality obligations
• Transmit malware, attempt unauthorized access, disrupt, or otherwise compromise the integrity or security of the Services or any network or system
• Generate or distribute unlawful, harmful, deceptive, or abusive content, or conduct activity that endangers the safety of others
• Reverse engineer, resell, or sublicense the Services except as expressly permitted in writing
• Host, store, or distribute illegal content, including content that exploits minors, infringes third-party rights, or facilitates fraud or phishing
• Send unsolicited bulk email or other spam, or host sites or services advertised through spam
• Mine cryptocurrency or run similar sustained high-utilization workloads without our prior written permission
• Exceed usage limits, circumvent access controls, or use the Services in a manner that imposes an unreasonable load on our infrastructure
• Engage in any activity that degrades, disrupts, or harms our shared infrastructure, network reputation, or other customers, including attacks originating from your servers, open relays or proxies, and IP address abuse

We may investigate suspected violations and may suspend or terminate access to protect the Services, our customers, and third parties.

Customer Data & Sovereignty

As between you and CubCloud, you retain all rights in the data, prompts, models, websites, applications, and content you submit to, host on, or process on the Services ("Customer Data"). You grant us a limited license to host, process, and transmit Customer Data solely to provide and support the Services.

We do not use Customer Data to train public foundation models. Customer Data processed on CubCloud infrastructure remains under your control and is handled according to your service agreement, our Privacy Policy, and our Data Handling Policy. You are responsible for the accuracy, quality, and legality of Customer Data and for having the necessary rights to use it with the Services.

Intellectual Property

The Services, including all software, infrastructure, documentation, designs, and trademarks, are owned by CubCloud or its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services during your subscription or engagement term. No rights are granted except as expressly stated.

If you provide feedback or suggestions, you grant us a perpetual, royalty-free license to use that feedback to improve the Services without obligation to you.

Third-Party Services

The Services may interoperate with or rely on third-party products, networks, and services that operate under their own terms and privacy practices. We are not responsible for third-party services, and your use of them is at your own risk and subject to their terms.

Service Availability & Changes

We strive to provide reliable Services but do not guarantee uninterrupted or error-free operation. Any service level commitments will be set forth in a separate service level agreement or order form. We may modify, suspend, or discontinue features of the Services, and will use reasonable efforts to provide notice of material changes that adversely affect active customers. We may perform scheduled or emergency maintenance on our infrastructure, including our Proxmox hosts, which may temporarily interrupt the Services.

Confidentiality

Each party may access non-public information of the other party that is designated as confidential or that reasonably should be understood to be confidential. The receiving party will protect such information using reasonable care and will use it only to perform under these Terms, except as required by law. This section does not apply to information that is or becomes public through no fault of the receiving party.

Term & Termination

These Terms apply while you use the Services. Subscription terms and renewal conditions are stated in your order form or plan. Either party may terminate for material breach that remains uncured after written notice. We may suspend or terminate access immediately for serious violations, security risks, non-payment, or as required by law.

On termination, your right to use the Services ends. We will make Customer Data, including the contents of your hosted websites and virtual servers, available for export for a limited period as described in your order form or service agreement or, if none is stated, as we specify in our termination notice. After that period we may permanently delete Customer Data, virtual servers, and associated backups without further notice, and we have no obligation to retain them. Export may not be available where termination results from illegal activity or a serious security risk. Sections that by their nature should survive termination will survive.

Disclaimers

EXCEPT AS EXPRESSLY STATED IN A SIGNED AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT ANY DATA OR BACKUP WILL BE PRESERVED OR RESTORABLE, OR THAT ANY OUTPUT WILL BE ACCURATE OR RELIABLE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS PRECEDING THE EVENT. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnification

You agree to defend, indemnify, and hold harmless CubCloud and its officers, employees, and agents from and against claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your Customer Data; the websites, applications, and content you host on the Services; your use of the Services, including use by your end users or anyone you allow to access your account or servers; your use of the Services in violation of these Terms; or your violation of any law or third-party right.

Governing Law & Disputes

These Terms are governed by the laws of the State of Montana, without regard to its conflict of laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Missoula County, Montana, for any dispute not subject to arbitration or required to be resolved elsewhere by law. You agree to attempt in good faith to resolve disputes informally by contacting us before filing a claim.

Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top of this page indicates when the Terms were last revised. Material changes will be posted on this page and, where appropriate, communicated to active customers. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms where permitted by law.

Related Policies

• Privacy Policy
• SMS / Text Messaging Policy
• Data Handling Policy