These Terms of Service ("Terms") govern your access to and use of cubopods.com (the "Site"), operated by CUBO Beverages Inc. ("CUBO," "we," "us," or "our"). By using the Site, you agree to these Terms. These Terms are separate from, and do not govern, your purchase of CUBO Equipment or CUBO Pods, which is governed by our Terms of Sale.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your own informational and purchasing purposes. This license doesn't give you any ownership rights in the Site or its content. We may modify, suspend, or discontinue any part of the Site at any time, and may limit or terminate your access if you violate these Terms.
The Site and its content — including text, graphics, product photography, videos, logos, and the CUBO and "One Touch Wellness" marks — are owned by CUBO or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from Site content, or use CUBO's trademarks, without our prior written permission.
When using the Site, you agree not to:
If you submit feedback, reviews, photos, or other content to us (for example, through a contact form or waitlist signup), you grant CUBO a non-exclusive, worldwide, royalty-free license to use, reproduce, and display that content in connection with operating and promoting our business. You are not entitled to any compensation for our use of your submission. Don't submit anything you don't have the rights to share, or anything unlawful, defamatory, or infringing.
The Site may link to third-party sites — for example, our payment processor, shipping partners, or social media. We don't control and aren't responsible for the content, policies, or practices of third-party sites. Visiting a linked site is at your own discretion and risk.
THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. NOTHING IN THIS SECTION LIMITS THE PRODUCT WARRANTY DESCRIBED IN OUR TERMS OF SALE, WHICH GOVERNS PHYSICAL MACHINES YOU PURCHASE FROM US.
To the fullest extent permitted by law, CUBO and its officers, employees, and agents will not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Site, even if advised of the possibility of such damages. Our total liability for any claim relating to the Site is limited to $100 or the amount you paid us in the 90 days before the claim arose, whichever is greater — this limitation does not apply to liability arising from a Product purchase, which is governed separately by our Terms of Sale.
You agree to defend, indemnify, and hold CUBO harmless from any claims, damages, and expenses (including reasonable attorneys' fees) arising from your use of the Site or your breach of these Terms.
These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles.
Except for claims that qualify for small claims court, any dispute arising out of or relating to these Terms or your use of the Site shall be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect, conducted by a single arbitrator in Los Angeles County, California. Judgment on the arbitration award may be entered in any court having jurisdiction. Each party is responsible for its own attorneys' fees and costs except as the arbitrator may otherwise award under applicable law.
All disputes shall be resolved on an individual basis only. Neither party may bring or participate in a class, collective, consolidated, or representative action, and the arbitrator may not combine more than one person's claims into a single proceeding.
Note: for this arbitration clause to be enforceable, courts generally expect clear evidence you agreed to it — e.g., a clickwrap checkbox at account creation or checkout, not just a footer link. Confirm implementation with counsel.
We may update these Terms from time to time. Material changes will be reflected by an updated "Last updated" date above. Continuing to use the Site after changes are posted means you accept the revised Terms.
CUBO Beverages Inc.
5630 Venice Blvd. Suite 6101, Los Angeles, CA 90019, USA
Email: cubocare@cubopods.com
Phone: +1 (888) CUBO-POD / +1 (888) 282-6763