Terms of Service
Effective Date: January 1, 2025
Last Updated: May 1, 2026
Welcome to Kubby. These Terms of Service are a binding legal agreement between you and BTG, Inc. governing your access to and use of Kubby, including our websites, mobile applications, consumer services, business tools, marketplace features, commerce tools, fulfillment tools, data tools, AI-powered features, integrations, and related services.
By accessing or using Kubby, you agree to these Terms. If you do not agree, you should not access or use Kubby.
1. Our Platform
Kubby provides commerce technology services for consumers, businesses, merchants, sellers, operators, partners, and other platform participants.
Kubby may support discovery, shopping, transactions, order management, pickup, fulfillment, business tools, marketplace tools, third-party integrations, data synchronization, analytics, personalization, AI-powered features, and other platform functionality.
Features may vary by user type, business type, location, eligibility, availability, transaction type, and applicable law. Kubby may add, modify, limit, suspend, or discontinue any feature or service at any time.
2. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account or use Kubby.
By using Kubby, you represent that you have the legal authority to enter into these Terms.
If you use Kubby on behalf of a business, organization, merchant, seller, operator, or other entity, you represent that you are authorized to bind that entity to these Terms.
3. Accounts and Access
Certain Kubby features may require an account, business profile, verified access, connected service, approved participation, or additional onboarding.
You agree to provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your login credentials and for activity that occurs under your account, except where prohibited by applicable law.
You agree to notify Kubby promptly if you believe your account has been accessed without authorization or if you become aware of any security issue.
Kubby may suspend, restrict, or terminate access to any account, feature, listing, transaction, integration, content, or service if we believe there has been fraud, abuse, unlawful activity, security risk, inaccurate information, nonpayment, policy violation, or activity that may harm Kubby, users, businesses, partners, or third parties.
4. Consumer and Business Services
Kubby may make different features available to consumers, businesses, merchants, sellers, operators, partners, and other platform participants.
Consumers may use Kubby to access supported shopping, discovery, marketplace, order, pickup, tracking, account, and related platform experiences.
Businesses and platform participants may use Kubby to access supported business tools, commerce tools, listing tools, inventory-related tools, fulfillment tools, analytics, integrations, customer engagement tools, and related services.
Each user, business, merchant, seller, operator, or platform participant is responsible for the accuracy of the information they provide and for complying with all laws, regulations, policies, agreements, licenses, permits, taxes, and obligations that apply to their use of Kubby.
5. Products, Listings, Availability, and Information
Kubby may display products, listings, services, business information, pricing, availability, descriptions, images, transaction details, engagement data, and related information from users, businesses, merchants, sellers, third-party systems, integrations, public sources, connected services, or other sources.
Kubby does not guarantee that every product, listing, service, price, description, image, availability status, inventory count, business detail, recommendation, or related data point will always be accurate, complete, current, available, or error-free.
Users and businesses should independently verify important information before relying on it.
Kubby may remove, modify, restrict, suppress, or decline to display any product, listing, service, business, content, or information if we believe it violates these Terms, applicable law, third-party rights, platform standards, safety requirements, or Kubby policies.
6. Transactions, Payments, Fees, and Taxes
Kubby may process, facilitate, route, or support transactions, payments, fees, credits, refunds, payouts, holds, adjustments, promotions, taxes, and related payment activity.
You agree to pay all applicable charges, fees, taxes, and amounts shown at checkout, during onboarding, in your account, in an order flow, or otherwise presented through Kubby.
Kubby may use third-party payment processors, banks, card networks, fraud prevention providers, tax tools, verification providers, and other service providers to support transactions and platform operations.
Use of payment services may be subject to additional third-party terms and requirements.
Kubby may delay, cancel, reverse, hold, or refuse a transaction, payout, refund, credit, or payment activity if we believe it may involve fraud, error, abuse, unlawful activity, security risk, policy violation, chargeback risk, or other platform risk.
7. Refunds, Cancellations, and Adjustments
Refunds, cancellations, credits, payouts, and payment adjustments may be subject to Kubby policies, business policies, merchant policies, payment processor rules, eligibility requirements, transaction type, and applicable law.
Where a transaction involves multiple participants, each portion of the transaction may be handled separately. Refunds, cancellations, fulfillment issues, credits, and adjustments may apply only to the applicable portion of the transaction.
Fees may be non-refundable unless required by law or expressly stated by Kubby.
8. Fulfillment, Pickup, Handoff, and Related Services
Kubby may support fulfillment, pickup, handoff, routing, verification, coordination, and related commerce operations.
Certain transactions may require confirmation codes, proof of identity, timestamps, proof of pickup, photos, signatures, employee confirmation, device confirmation, location-related signals, or other verification steps to protect users, businesses, partners, and the platform.
Kubby may limit, cancel, refuse, reroute, delay, restrict, or require additional verification for any transaction, pickup, order, listing, item, account, or platform activity if we believe it may violate these Terms, applicable law, safety requirements, partner requirements, payment rules, or platform policies.
9. Prohibited Items and Restricted Activity
You may not use Kubby to buy, sell, list, facilitate, store, handle, transfer, promote, or support items, services, or activity that are illegal, unsafe, restricted, prohibited, counterfeit, stolen, infringing, fraudulent, hazardous, misleading, or otherwise not permitted by Kubby.
Kubby may refuse, remove, restrict, cancel, suspend, report, or investigate any item, listing, transaction, account, user, business, seller, content, or activity that we believe violates these Terms, applicable law, third-party rights, payment rules, safety standards, or platform policies.
Kubby may cooperate with law enforcement, regulators, courts, payment processors, service providers, partners, rights holders, or other appropriate parties where required or permitted by law.
10. Business and Merchant Responsibilities
Businesses, merchants, sellers, operators, and other platform participants are responsible for their own products, services, listings, pricing, availability, inventory-related information, business information, fulfillment obligations, customer interactions, taxes, licenses, permits, legal compliance, and representations.
Businesses and merchants are responsible for ensuring they have all rights, permissions, licenses, and authority necessary to upload, sync, display, distribute, sell, or provide any content, product information, images, marks, listings, data, or materials through Kubby.
Kubby may suspend, restrict, or remove business access, listings, integrations, tools, payouts, content, or transactions if we believe there is fraud, abuse, inaccurate information, legal risk, policy violation, customer harm, partner harm, or platform risk.
11. User Content
You may be able to submit, upload, post, display, sync, import, transmit, or provide content through Kubby, including text, images, reviews, listings, product information, business information, comments, feedback, files, data, and other materials.
You retain ownership of content you provide to Kubby. However, you grant Kubby a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, display, process, format, analyze, modify, distribute, promote, reproduce, and use that content as necessary to operate, improve, protect, market, and provide Kubby.
You represent that you have all rights, permissions, licenses, and authority necessary to provide content to Kubby and to grant the rights described in these Terms.
Kubby may remove, moderate, restrict, suppress, or decline to display content at any time if we believe it violates these Terms, applicable law, platform standards, third-party rights, or the safety and integrity of Kubby.
12. Reviews, Ratings, and Community Features
Kubby may allow users to submit reviews, ratings, comments, feedback, photos, or other community content.
You agree that any review, rating, or feedback you submit will be truthful, based on your actual experience, and will not be fraudulent, misleading, defamatory, abusive, unlawful, harassing, discriminatory, or otherwise harmful.
Kubby may use automated systems or AI-powered tools to organize, summarize, moderate, translate, display, or analyze reviews and other content. Such outputs may not reflect every individual viewpoint.
13. AI-Powered and Automated Features
Kubby may use artificial intelligence, machine learning, automation, data processing, recommendation systems, search systems, analytics systems, moderation systems, and related technologies to support platform functionality.
AI-powered or automated features may assist with discovery, personalization, recommendations, search, matching, organization, insights, fraud prevention, safety, support, business tools, analytics, and other platform experiences.
AI-generated, AI-assisted, or automated information may not always be complete, accurate, current, unbiased, or error-free. Users and businesses should independently verify important information before relying on it.
Kubby does not guarantee any result, recommendation, ranking, insight, summary, classification, prediction, or output generated by AI-powered or automated features.
14. Third-Party Services and Integrations
Kubby may connect with, rely on, or interact with third-party services, systems, platforms, businesses, payment processors, data providers, software providers, analytics tools, verification services, fulfillment providers, AI systems, and other partners.
Use of third-party services may be subject to separate terms, privacy policies, fees, limitations, and eligibility requirements.
Kubby is not responsible for the actions, omissions, products, services, data, systems, content, policies, availability, accuracy, security, or failures of third parties except as required by applicable law.
You authorize Kubby to access, process, transmit, receive, and use information from connected services as necessary to provide, operate, improve, and protect Kubby, subject to our Privacy Policy and applicable permissions.
15. Privacy
Your use of Kubby is subject to our Privacy Policy, which explains how we collect, use, disclose, store, and protect information.
By using Kubby, you acknowledge that you have read and understood our Privacy Policy.
16. Intellectual Property
Kubby, the Kubby name, logo, platform design, software, systems, workflows, interfaces, data structures, AI-powered features, business tools, marketplace tools, commerce tools, fulfillment tools, analytics tools, content organization, documentation, and related technology are owned by BTG, Inc. or its licensors and are protected by applicable intellectual property laws.
Subject to your compliance with these Terms, Kubby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use Kubby for its intended purposes.
You may not copy, distribute, modify, scrape, crawl, harvest, reverse engineer, decompile, disassemble, reproduce, resell, sublicense, frame, mirror, access through unauthorized means, circumvent technical protections, interfere with platform security, or use Kubby’s systems, data, content, workflows, or technology without prior written permission.
17. Patents and Proprietary Technology
Certain Kubby features, systems, workflows, and technologies may be protected by issued patents, patent applications, trade secrets, copyrights, trademarks, and other intellectual property rights.
This may include proprietary systems related to commerce, marketplace operations, data processing, fulfillment, inventory, transactions, analytics, AI-powered features, user experiences, business tools, and platform infrastructure.
Unauthorized use, reproduction, scraping, circumvention, reverse engineering, copying, replication, or creation of derivative systems based on Kubby’s systems, workflows, data, content, or technology is strictly prohibited.
18. Feedback
If you provide ideas, suggestions, comments, improvements, requests, or feedback about Kubby, you grant Kubby the unrestricted, perpetual, irrevocable, worldwide, royalty-free right to use, modify, commercialize, incorporate, and exploit that feedback without compensation, attribution, restriction, or obligation to you.
19. Acceptable Use
You agree not to use Kubby to:
Violate any law, regulation, agreement, or third-party right
Engage in fraud, abuse, harassment, threats, discrimination, or unlawful activity
Submit false, misleading, inaccurate, deceptive, or harmful information
Upload malware, malicious code, harmful files, or disruptive content
Scrape, crawl, harvest, copy, monitor, or extract data without written permission
Circumvent fees, payments, transaction flows, security systems, verification steps, or platform controls
Reverse engineer, decompile, disassemble, or attempt to access source code or proprietary systems
Interfere with Kubby’s systems, networks, users, businesses, partners, or service providers
Create accounts, listings, transactions, reviews, or activity for fraudulent, abusive, deceptive, or unauthorized purposes
Use Kubby to build, train, or improve a competing product, marketplace, model, system, or service without written permission
Misrepresent your identity, authority, affiliation, location, business, products, services, or intentions
Use Kubby in a way that may harm minors, users, businesses, partners, third parties, or the platform
Kubby may investigate, suspend, restrict, remove, report, or terminate accounts, listings, transactions, integrations, content, or access for violations or suspected violations of these Terms.
20. Platform Availability
Kubby may update, modify, suspend, limit, restrict, replace, or discontinue any part of the platform at any time.
Kubby does not guarantee that the platform, features, integrations, data, transactions, third-party services, AI-powered features, or related functionality will always be available, uninterrupted, secure, accurate, current, complete, or error-free.
Kubby is not responsible for outages, delays, interruptions, data loss, data inaccuracies, third-party failures, or platform limitations except as required by applicable law.
21. Disclaimers
Kubby is provided “as is” and “as available.”
To the maximum extent permitted by law, Kubby disclaims all warranties, express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, uninterrupted operation, and course of dealing.
Kubby does not guarantee any product, listing, business, merchant, seller, service provider, transaction, fulfillment activity, third-party service, AI output, recommendation, insight, ranking, availability status, price, description, image, review, rating, or platform result.
Any information provided through Kubby is for platform, commerce, discovery, convenience, or informational purposes and should not be treated as professional, legal, financial, medical, safety, or other regulated advice.
22. Third-Party Content and Brand Materials
Kubby may display third-party content, including product names, product images, business names, logos, trademarks, descriptions, pricing, ratings, reviews, availability information, links, metadata, or other content.
All third-party trademarks, logos, product names, business names, images, and brand assets remain the property of their respective owners.
Unless expressly stated, display of third-party content does not imply affiliation, sponsorship, endorsement, authorization, or partnership.
Kubby may remove or restrict content in response to rights-holder requests, legal requests, platform policies, or our own review.
Rights holders may contact:
23. Limitation of Liability
To the maximum extent permitted by law, Kubby is not responsible for:
Actions or omissions of users, businesses, merchants, sellers, operators, contractors, partners, payment processors, fulfillment providers, service providers, or other third parties
Product quality, safety, authenticity, defects, misrepresentations, recalls, or third-party content
Inaccurate, incomplete, outdated, unavailable, or misleading product, business, inventory, pricing, listing, availability, recommendation, AI, or transaction information
Delays, fulfillment issues, service interruptions, technical issues, platform availability issues, or third-party failures
Losses caused by unauthorized account access where you failed to protect your account credentials
Errors, omissions, or inaccuracies in AI-generated, automated, or AI-assisted outputs
Indirect, incidental, special, consequential, exemplary, or punitive damages
Lost profits, lost data, lost goodwill, business interruption, reputational harm, or other commercial losses
To the maximum extent permitted by law, Kubby’s total liability for any claim arising out of or relating to these Terms or your use of Kubby will not exceed the greater of the amount you paid to Kubby for the applicable service in the twelve months before the claim or $100.
Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.
24. Indemnification
You agree to defend, indemnify, and hold harmless BTG, Inc., Kubby, its affiliates, officers, directors, employees, contractors, agents, service providers, partners, and representatives from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
Your use or misuse of Kubby
Your violation of these Terms
Your violation of any law, regulation, agreement, or third-party right
Your content, listings, data, information, products, services, or business activity
Your fraud, abuse, negligence, misconduct, or misrepresentation
Your transactions, fulfillment activity, customer interactions, or platform activity where applicable
Your unauthorized access to or use of Kubby systems, content, data, or technology
Kubby reserves the right to control the defense of any matter subject to indemnification, and you agree to cooperate with Kubby’s defense.
25. Suspension and Termination
You may stop using Kubby at any time.
Kubby may suspend, restrict, or terminate your access to Kubby at any time if we believe you violated these Terms, created risk or legal exposure, engaged in fraud or abuse, failed to pay amounts owed, harmed the platform, violated third-party rights, or used Kubby in a way that may harm users, businesses, partners, or third parties.
Upon termination, your right to access or use Kubby will end immediately.
Certain sections of these Terms will survive termination, including sections related to payments, content rights, intellectual property, feedback, privacy, disclaimers, limitation of liability, indemnification, dispute resolution, and any provisions that by their nature should survive.
26. Changes to These Terms
Kubby may update these Terms from time to time.
When we make changes, we may update the “Last Updated” date above and, where required, provide additional notice.
Your continued use of Kubby after updated Terms become effective means you accept the updated Terms.
27. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles, except where applicable law requires otherwise.
Subject to any mandatory consumer protections, privacy rights, or dispute resolution rules in your jurisdiction, the courts located in Delaware will have exclusive jurisdiction over disputes not subject to arbitration.
28. Arbitration Agreement and Class Action Waiver
For users in the United States, you and Kubby agree to resolve disputes through binding individual arbitration, except where prohibited by law or where a claim qualifies for small claims court.
You and Kubby agree that disputes will be resolved only on an individual basis. Class actions, class arbitrations, representative actions, collective actions, and consolidated proceedings are not permitted to the maximum extent allowed by law.
Before starting arbitration, the party bringing a dispute must send written notice describing the dispute and requested relief. The parties will attempt to resolve the dispute informally for 30 days before arbitration begins.
Arbitration will be administered by the American Arbitration Association or another mutually agreed arbitration provider under applicable consumer arbitration rules.
Either party may seek temporary or preliminary injunctive relief in court to protect intellectual property, confidential information, platform security, payment systems, data, or unauthorized use of Kubby.
For users outside the United States, this arbitration section applies only to the extent permitted by applicable law.
29. Global Use and Local Rights
Kubby may operate across multiple jurisdictions. By using Kubby, you acknowledge that your use is subject to applicable local, state, national, and international laws.
Nothing in these Terms is intended to limit rights that cannot be limited under applicable consumer protection, privacy, data protection, payment, or other mandatory laws.
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.
30. Electronic Communications
You agree that Kubby may send you electronic communications, including notices, account messages, transactional messages, legal updates, security notices, payment notices, and service-related communications.
You may opt out of certain non-essential marketing communications, but you may still receive transactional, legal, security, payment, and service-related messages.
31. Assignment
You may not assign or transfer these Terms without Kubby’s prior written consent.
Kubby may assign or transfer these Terms in connection with a merger, acquisition, reorganization, financing, sale of assets, corporate transaction, affiliate restructuring, or by operation of law.
32. Force Majeure
Kubby will not be liable for delay, failure, interruption, or loss caused by events beyond our reasonable control, including natural disasters, labor disputes, internet or telecommunications failures, power outages, cyberattacks, payment network failures, government actions, war, terrorism, civil unrest, epidemics, pandemics, supply chain disruptions, or failures of third-party providers.
33. Severability and No Waiver
If any provision of these Terms is found invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
Kubby’s failure to enforce any provision of these Terms does not waive our right to enforce that provision or any other provision in the future.
34. Entire Agreement
These Terms, together with the Privacy Policy and any additional terms that apply to specific features, transactions, accounts, businesses, or services, form the entire agreement between you and Kubby regarding your use of the platform.
35. Contact
For questions, concerns, legal notices, rights-holder requests, or support related to these Terms, contact:
