Terms & Conditions

Effective Date: 1/1/2025
Last Updated:  8/26/2025

KUBBY TERMS & CONDITIONS OF USE (the “Terms”)

Welcome to Kubby. These Terms are a binding legal agreement between you (“Customer,” “you,” or “your”) and Kubby, LLC (“Kubby,” “we,” “us,” or “our”) governing your access to and use of the Kubby websites, mobile applications, APIs, networks, documentation, and related services (collectively, the “Kubby Platform”).

Kubby is a retail marketplace and fulfillment network that connects consumers with local and online merchants through its digital platform. All orders — whether fulfilled in-person at a partner location or via delivery — originate within the Kubby Platform and are assigned a unique Kubby Order ID. Kubby facilitates the promotion, sale, and payment of physical goods, while providing partner businesses with technology tools for order management, customer engagement, and marketing. Package handling by partners under the Kubby Platform is exclusively for orders placed through Kubby and is classified as retail order fulfillment, not general-purpose storage or warehousing.

By accessing or using the Kubby Platform, you agree to these Terms. If you do not agree, do not use the Kubby Platform.

DEFINITIONS

“Kubby Order ID” means a unique identifier assigned by the Kubby Platform to each order initiated within the Kubby Platform. A valid Kubby Order ID is a condition precedent to any acceptance, handling, temporary holding, or delivery of goods by Spaces or Secure Hubs.

“Spaces” are independent partner businesses participating in the Kubby retail marketplace and fulfillment network. Spaces may fulfill customer orders placed through the Kubby Platform for in-person pickup, delivery, or on-site consumption. Spaces may also offer in-store shopping, with transactions initiated through Kubby’s marketplace and linked to the Space’s merchant account. All physical goods handled by a Space under the Kubby program are tied to verified Kubby orders and are not accepted for storage or handling outside of the Kubby platform. Spaces operate solely in the capacity of retail order fulfillment partners and not as public storage or parcel holding facilities.

“Secure Hubs” are facilities operated or contracted by Kubby for retail order fulfillment activities such as receipt, temporary holding pending pickup, and local dispatch of goods tied to verified Kubby orders. Secure Hubs follow the same acceptance limitations as Spaces.

“Merchant” means a third-party seller offering goods for sale in the Kubby marketplace; a Merchant may also be a Space, but is not required to be.

“Customer,” “User,” or “You” means any natural person or legal entity that creates an account or initiates a transaction through the Kubby Platform.

“Services” means the functionality offered via the Kubby Platform, including AI-assisted shopping insights, marketplace ordering, centralized order tracking, retail order fulfillment through Spaces and Secure Hubs, sustainability metrics, community and review features, subscription benefits, and related customer support and administrative features.

OUR ROLE

1.1 Nature of the Platform. Kubby provides the Kubby Platform to facilitate the promotion, sale, purchase, payment, and retail order fulfillment of physical goods. The Kubby Platform enables Customers to place orders with Merchants, to select a Space or Secure Hub for pickup or delivery dispatch, and to manage orders using a consolidated interface.

1.2 Not a Storage Provider. The Kubby Platform does not operate as a general storage provider, public parcel holding facility, or warehouse for goods not purchased through the Kubby Platform. Any acceptance, handling, or temporary holding of goods by Spaces or Secure Hubs is performed exclusively as part of retail order fulfillment for verified orders with a valid Kubby Order ID.

1.3 Relationship to Spaces. Spaces are independent partner businesses. Except where expressly stated for Secure Hubs, Kubby does not own, control, or manage Spaces’ premises or day-to-day operations. Spaces remain solely responsible for their premises, employees, local licenses, and compliance with applicable law.

1.4 Marketplace & Payments. Kubby facilitates marketplace listings, promotional placement, and payment processing. Unless explicitly stated otherwise, the Merchant is the seller of record for the goods. Kubby may provide or integrate payment processing services, but this does not alter the role of Spaces as retail order fulfillment partners rather than general storage providers.

1.5 AI-Assisted Insights. The Kubby Platform may display AI-generated product insights, comparisons, quality signals, and sustainability metrics. Such outputs are informational and not a guarantee of product fitness, merchant performance, environmental, or any other outcomes.

1.6 Changes & Updates. Kubby may modify, suspend, or discontinue any aspect of the Kubby Platform or Services at any time for maintenance, security, legal compliance, or business reasons.

ELIGIBILITY; ACCOUNT REGISTRATION; ACCOUNT SECURITY

2.1 Eligibility. You must be at least 18 years old (or the age of majority where you reside) to create an account or use the Services.

2.2 Accounts. Certain features require an account. When you register, you agree to: (i) provide accurate and complete information, (ii) keep such information current, (iii) maintain the confidentiality of your credentials, and (iv) immediately notify Kubby of any unauthorized use. You are responsible for all activity under your account unless you can demonstrate unauthorized use occurred despite your implementation of reasonable security measures.

2.3 Third-Party Login. If you sign up using a third-party login (e.g., Apple, Google), you authorize Kubby to access certain information from that service consistent with its terms and your settings with the third-party login provider.

2.4 Notice of Compromise. If you suspect unauthorized access or a security issue, promptly notify support@kubby.io. Kubby may implement protective measures such as password resets, temporary holds, or additional verification.

SERVICES; ORDER FLOW; KUBBY ORDER ID

3.1 Services Overview. The Services may include AI-assisted shopping, marketplace ordering, centralized order tracking, retail order fulfillment at Spaces or Secure Hubs, community and review features, and subscriptions.

3.2 Origination of Orders. All orders fulfilled at Spaces or Secure Hubs must originate within the Kubby Platform and carry a valid Kubby Order ID. Items without a Kubby Order ID will be refused.

3.3 Selection of Fulfillment Location. At checkout, you may select a Space or Secure Hub for pickup, or request delivery where available. The Kubby Platform will display availability windows, identification requirements, and any applicable fees.

3.4 Merchant vs. Space Roles. The Merchant is responsible for product quality, description, and statutory warranties. Spaces act solely as retail order fulfillment partners for goods tied to verified Kubby orders and do not accept unrelated items for storage.

3.5 Service Availability. Features may vary by geography, Space capacity, Merchant participation, and your device compatibility. Kubby may restrict features to maintain platform security and performance.

PROHIBITED ITEMS; RIGHT OF REFUSAL

4.1 General Prohibition. The following items are prohibited from sale, handling, acceptance, storage pending pickup, or delivery through the Kubby Platform or by Spaces or Secure Hubs:

Items illegal to sell, transport, or possess under applicable law.

Weapons, firearms, ammunition, explosives, and explosive components.

Toxic, corrosive, flammable, or otherwise hazardous materials.

Controlled substances and drug paraphernalia.

Perishables requiring refrigeration or special handling, unless expressly supported by a participating Space and Merchant with compliant packaging and time windows.

Cash, cash equivalents, bearer instruments, and uncancelled checks or money orders.

∙High-value precious metals, unmounted gemstones, and original fine art.

Counterfeit goods or items infringing intellectual property rights of any party.

Stolen goods or items with illicit provenance.

Live animals, plants, or biological specimens not permitted by law.

Medical devices requiring special handling, temperature control, or controlled storage not expressly supported by a participating Space with documented capability.

Batteries or devices with damaged or swollen batteries presenting a fire risk.

Items exceeding Space size/weight limits (defaults may apply, e.g., 25 lbs or 2’×2’×2’, unless otherwise stated by the Space).

Loose liquids or materials that are not packaged to prevent leaks or spills.

Any item not tied to a verified Kubby Order ID or otherwise sent outside the Kubby Platform.

Items that a Space or Secure Hub deems unsafe, unsanitary, or disruptive to its operations.

4.2 Inspection & Refusal. Spaces and Secure Hubs may inspect, in your presence where feasible, and refuse any item suspected to violate these Terms or applicable law, or that lacks a valid Kubby Order ID.

4.3 Law Enforcement Cooperation. Kubby, Spaces, and Secure Hubs may cooperate with law enforcement regarding prohibited items, including providing information or relinquishing such items as required by law.

4.4 No Protection for Prohibited Items. Prohibited items are ineligible for any protection, coverage, or compensation under Section 9 (Protection Program).

PAYMENTS; FEES; SUBSCRIPTIONS; TAXES

5.1 Fees. You agree to pay all fees disclosed at checkout or otherwise presented in the Kubby Platform, which may include product prices, taxes, Space handling charges, subscription fees, delivery fees, oversized item fees, and late pickup fees.

5.2 Processors. Payments may be processed by Kubby or integrated third-party processors (e.g., Stripe, Apple Pay, Google Pay, PayPal). Your use of such processors may be subject to their terms, and you authorize Kubby and its processors to charge your selected payment method for amounts due.

5.3 Subscriptions. If you purchase a subscription, you authorize recurring charges until cancellation. Renewal dates and amounts will be shown before purchase. You may cancel through account settings; cancellations take effect at the end of the current billing period unless otherwise stated.

5.4 Taxes. Prices shown may exclude taxes, which will be calculated at checkout based on your location and the Merchant’s obligations. You are responsible for any applicable taxes.

5.5 Fee Changes. Kubby may update fees prospectively. New fees apply to orders or subscription periods after the effective date.

FULFILLMENT AT SPACES AND SECURE HUBS; PICKUP; DELIVERY

6.1 Retail Order Fulfillment Only. Spaces and Secure Hubs accept goods solely for retail order fulfillment tied to a valid Kubby Order ID. They do not accept general storage or parcels not initiated through the Kubby Platform.

6.2 Pickup Windows. The Kubby Platform will present pickup windows. You must retrieve goods within the stated time to avoid fees, return to Merchant, or disposal consistent with these Terms and applicable law.

6.3 Identification & Codes. Spaces and Secure Hubs may require government-issued photo ID and/or a Kubby-generated pickup code. You agree to keep codes confidential. Delivery personnel may require proof of identity at handoff.

6.4 Delivery. Where available, delivery times are estimates. Risk of loss passes upon delivery to the address or recipient you designate, subject to Section 9 (Protection Program) for pre-delivery possession at a Space or Secure Hub.

6.5 Oversize/Overweight. Spaces may impose size and weight limits. Items exceeding limits may incur additional fees or be refused.

6.6 Uncollected Goods. If you fail to collect goods within the pickup window, Kubby or the Space may (i) extend holding with fees, (ii) return the goods to the Merchant, or (iii) dispose of the goods in a commercially reasonable manner, consistent with law.

KUBBY PROTECTION PROGRAM (LIMITED REMEDY)

7.1 Overview. Kubby may offer a limited protection program as a customer service policy, not insurance. The program is discretionary and may be modified or discontinued at any time prospectively.

7.2 Eligibility & Scope. The Protection Program applies as follows:

Only orders with a valid Kubby Order ID and verified purchase through the Kubby Platform are eligible.

Coverage applies solely while goods are in the possession of a Space or Secure Hub prior to pickup by you or delivery dispatch to you.

Coverage excludes Prohibited Items, inherently fragile goods inadequately packaged, normal wear and tear, cosmetic damage, and losses arising from your failure to safeguard pickup codes or identification.

You must file a claim within the time window stated in the Kubby Platform (typically 48 hours from discovery, and no later than 7 days from pickup or expected pickup).

Kubby may request documentation including photos, receipts, serial numbers, packaging evidence, police reports for theft, and statements from the Space, Merchant, or carrier.

Remedies may include repair, replacement, store credit, or reimbursement up to the purchase price (excluding taxes, fees, and shipping), subject to per-order and aggregate limits posted in the Kubby Platform.

Acceptance of reimbursement subrogates your claims to Kubby to the extent of amounts paid.

7.3 Process. Initiate claims through the Kubby App or support@kubby.io. Failure to provide requested documentation may result in denial. Kubby’s decision on eligibility and remedy is final under this customer service policy and does not waive any rights or defenses.

7.4 Spaces & Secure Hubs. Participation by Spaces or Secure Hubs in investigating claims shall not convert them into insurers, bailees for the general public, or storage providers.

REVIEWS; COMMUNITY FEATURES; USER CONTENT

8.1 Reviews. After transactions, you may post reviews of products, Merchants, or Spaces. You agree your reviews will be truthful, based on your actual experience via the Kubby Platform, and free of defamatory, obscene, hateful, or harassing content.

8.2 User Content. You retain rights to content you submit, but grant Kubby a worldwide, perpetual, irrevocable, sublicensable, royalty-free license to host, display, adapt, analyze, and distribute such content in connection with the Kubby Platform and its promotion.

8.3 Moderation. Kubby may monitor, remove, or decline to display content at its discretion for violations of these Terms, suspected fraud, or legal reasons. Kubby is not obligated to monitor all content.

8.4 AI Summaries. Kubby may generate AI summaries of reviews and community discussions. Such summaries are informational and may not reflect every viewpoint.

INTELLECTUAL PROPERTY; LICENSES; FEEDBACK

9.1 Platform IP. The Kubby Platform (including software, APIs, AI models, designs, data structures, interfaces, and documentation) is owned by Kubby or its licensors and is protected by intellectual property and other laws.

9.2 Limited License. Subject to your compliance with these Terms, Kubby grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Kubby Platform for its intended retail marketplace and fulfillment purposes.

9.3 Restrictions. You may not copy, modify, reverse engineer, decompile, or attempt to extract source code from the Kubby Platform, nor may you circumvent security, rate limits, or access controls.

9.4 Feedback. If you provide feedback or suggestions, you grant Kubby an unrestricted, perpetual, irrevocable, royalty-free license to use and exploit such feedback without obligation.

DISCLAIMERS; LIMITATION OF LIABILITY

10.1 “AS IS”. The Kubby Platform and Services are provided “as is” and “as available.” Kubby disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, and quiet enjoyment.

10.2 Third Parties. Merchants, Spaces, carriers, and other third parties are independent of Kubby. Kubby is not responsible for their acts or omissions, product defects, or service failures, except as expressly set out in these Terms.

10.3 Content Usage Disclaimer. Kubby displays content that is user-curated and sourced from publicly available web data. This includes brand logos, product images, item names, and pricing made accessible through metadata, OpenGraph tags, schema markup, and user browsing activity.

We do not host, modify, or claim ownership of any third-party brand assets or product content. All trademarks, logos, product images, and brand names are the property of their respective owners and are used solely for identification and informational purposes.

Product availability and pricing may vary and are displayed as-is from external sources. Kubby is not affiliated with or endorsed by any of the brands or retailers shown unless explicitly stated.

If you are a rights holder and wish to request the removal of any content, please contact us at legal@kubbyapp.com.

10.4 Limitation. To the maximum extent permitted by law, Kubby’s aggregate liability arising out of or relating to these Terms shall not exceed the greater of (a) amounts you paid to Kubby for Services in the twelve (12) months preceding the claim; or (b) USD $100. Certain jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; these limitations apply to the fullest extent permitted.

10. Essential Basis. The disclaimers and limitations allocate risk between the parties and form an essential basis of the bargain.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Kubby, its affiliates, officers, directors, employees, agents, and contractors, as well as Spaces and Secure Hubs in their roles as retail order fulfillment partners, from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms; (b) your violation of law or third-party rights; (c) your misuse of the Kubby Platform or Services; or (d) your use or misuse of pickup credentials or identity information provided for order retrieval.

TERM; TERMINATION; SUSPENSION

12.1 Term. These Terms take effect when you first access the Kubby Platform and continue until terminated in accordance with this Section.

12.2 Termination by You. You may stop using the Services and request account closure at any time. Outstanding fees remain due.

12.3 Suspension or Termination by Kubby. Kubby may suspend or terminate your access immediately and without prior notice for: (i) material breach of these Terms, (ii) suspected fraud or security risks, (iii) unlawful conduct, (iv) nonpayment, (v) compliance with law or regulatory requirements, or (vi) if continued access could subject Kubby to liability. Kubby may also terminate or modify services with thirty (30) days' notice for business reasons. Any pre-paid fees will be refunded on a pro-rata basis unless termination is due to your breach.

12.4 Effect. Upon termination, all rights granted to you immediately cease, and Kubby may, in its sole discretion, delete or disable access to your account data, subject to legal retention obligations and Kubby's Privacy Policy. Sections intended by their nature to survive will survive.

MISCELLANEOUS; PROHIBITED CONDUCT; CHANGES

13.1 Prohibited Conduct. You agree not to engage in conduct including, without limitation: (a) use of the Kubby Platform in violation of law; (b) harassment or abusive behavior toward Kubby staff, Spaces’ staff, carriers, or other users; (c) automated scraping or bulk data extraction without written consent; (d) circumvention of technical protections, authentication, or rate limits; (e) posting of malware or malicious code; (f) impersonation or misrepresentation; or (g) solicitation of Spaces, Merchants, carriers, or users to transact outside the Kubby Platform in a manner that evades applicable fees, undermines order traceability, or circumvents Kubby's services.

13.2 Communications. You consent to receive electronic communications related to your use of the Services. You may opt out of non-essential marketing messages.

13.3 Changes to Terms. Kubby may modify these Terms at any time in its sole discretion. Material changes will be notified in the Kubby App or by email with an effective date no less than 30 days from notification, unless immediate changes are required for legal compliance or security purposes. Continued use after the effective date constitutes acceptance.

13.4 Assignment. You may not assign these Terms without Kubby’s prior written consent. Kubby may assign these Terms to an affiliate or in connection with a merger, acquisition, or asset sale.

13.5 Severability; Waiver. If any provision is held invalid, the remaining provisions remain effective. A failure to enforce is not a waiver of future enforcement.

13.6 Entire Agreement. These Terms, together with policies referenced herein, are the entire agreement between you and Kubby regarding the Services.

GOVERNING LAW; VENUE

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles. Subject to Section 15 (Arbitration), the exclusive venue for any permitted court action shall be state or federal courts located in New Castle County, Delaware, and you consent to their jurisdiction.

ARBITRATION AGREEMENT; CLASS ACTION WAIVER (U.S. USERS)

15.1 Agreement to Arbitrate. You and Kubby agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, except as modified by this Section.

15.2 Process. A party seeking arbitration must first send a written Notice of Dispute to the other party describing the nature of the dispute and the relief sought. If the parties cannot resolve the dispute within 30 days, either may commence arbitration. The arbitrator may award the same damages and relief on an individual basis as a court.

15.3 Location; Fees. Unless you and Kubby agree otherwise, arbitration will take place in Wilmington, Delaware, or remotely by video conference at the arbitrator’s discretion. Kubby will pay required AAA filing fees for claims up to $10,000 unless the arbitrator finds the claims frivolous or brought in bad faith, in which case you agree to reimburse Kubby for all fees and costs.

15.4 Class Waiver. You and Kubby agree that any arbitration or claim must be on an individual basis; class arbitrations and class actions are not permitted. The arbitrator may not consolidate claims of multiple parties.

15.5 Small Claims; Injunctive Relief. Either party may bring qualifying claims in small claims court. Either party may seek temporary or preliminary injunctive relief in court to protect intellectual property or stop unauthorized use of the Services pending arbitration.

CONTACT

Questions or notices relating to these Terms may be emailed to: Kubby Legal Department, legal@kubby.io,

ANNEX A — EXTENDED CLAIMS, REMEDIES, AND PROCEDURES

A.1 Claim Windows and Evidence Standards. Unless a different window is posted in the Kubby Platform at the time of purchase, you must notify Kubby of loss, theft, or damage no later than (i) 48 hours from discovery; and (ii) 7 calendar days from the earlier of pickup or the scheduled pickup date.

A.1.2 Evidence. Minimum evidence includes: order confirmation with Kubby Order ID; clear photographs of the item and its packaging; description of damage or loss; and identity verification if requested. For theft, a police report or incident number may be required.

A.2 Interaction with Manufacturer or Merchant Warranties. If a manufacturer warranty applies, Kubby may direct you to the manufacturer where that path yields equal or better remedies. Merchants remain responsible for product conformity and statutory warranties.

A.3 Dispute Escalation. Kubby will review claims in good faith. If you disagree with a decision, you may request a secondary review within 7 days, providing additional evidence. Where practical, Kubby may facilitate communication between you, the Space, and the Merchant to reach a resolution without prejudice to any party’s rights.

A.4 Remedies Framework. Remedies, where granted, may be prioritized as (a) repair; (b) replacement; (c) store credit; or (d) reimbursement up to the purchase price excluding taxes, fees, and shipping. Remedies may reflect depreciation or fair market value where goods are used, opened, or otherwise modified, and are subject to posted per-order and aggregate caps.

A.5 Subrogation and Cooperation. By accepting a remedy, you irrevocably assign to Kubby all rights, title, and interest to recover amounts from third parties relating to the covered loss, including amounts exceeding the remedy provided by Kubby, and agree to execute any documents necessary to perfect such assignment. You agree to cooperate reasonably in any subrogation or recovery effort, including providing statements or additional documentation.

ANNEX B — PICKUP, DELIVERY, AND UNCOLLECTED GOODS

B.1 Pickup Protocols. Spaces and Secure Hubs may require presentation of government ID and the Kubby Order ID code. Mismatched names, expired IDs, or missing codes may result in refusal for the protection of all parties. You may designate an authorized pickup person in the Kubby App; you are responsible for any actions taken by an authorized pickup person.

B.2 Delivery Protocols. You are responsible for ensuring delivery addresses are accurate and accessible. Failed deliveries due to incorrect addresses may incur re-delivery fees. Delivery windows are estimates; weather, traffic, and carrier constraints may affect arrival time.

B.3 Uncollected Goods. Where Space capacity allows, extended holding may be offered for a daily fee posted in the Kubby Platform. After reasonable notice, goods may be returned to the Merchant or disposed in a commercially reasonable manner. Kubby may charge reasonable handling and disposal fees where permitted by law.

ANNEX C — PAYMENTS, SUBSCRIPTIONS, AND REFUNDS

C.1 Authorization and Verification. Your payment method may be pre-authorized to verify funds before an order is accepted. Kubby or its processors may use automated tools to screen for fraud; orders may be delayed or canceled based on screening outcomes.

C.2 Subscription Terms. Subscriptions renew automatically until canceled. Renewal prices may change with notice. Benefits may vary by tier and geography. You may cancel through the Kubby App at any time. Unless otherwise stated, cancellations take effect at period end and are not prorated.

C.3 Refunds and Adjustments. Returns may be governed by the Merchant’s policy disclosed at checkout. Kubby may facilitate but is not the seller of record unless explicitly stated. Handling, delivery, and subscription fees are generally non-refundable unless required by law or expressly stated in the Kubby Platform.

ANNEX D — PRIVACY, DATA, AND SECURITY (SUMMARY REFERENCE)

D.1 Privacy Policy. Your use of the Kubby Platform is subject to Kubby’s Privacy Policy, which explains how we collect, use, and share information. By using the Services, you consent to these practices.

D.2 Security Measures. Kubby employs administrative, technical, and physical safeguards designed to protect data. However, no method of transmission or storage is completely secure; you use the Services at your own risk.

D.3 Space and Merchant Access. Spaces and Merchants may access limited order information necessary to fulfill your order, such as item details, pickup codes, and first name initials. They may not use such information for marketing unless you separately consent.

ANNEX E — MERCHANT OBLIGATIONS; SPACE OPERATIONAL STANDARDS (SUMMARY)

E.1 Merchant Obligations. Merchants must ensure product descriptions, prices, and availability are accurate and comply with law. Merchants are solely responsible for applicable licenses, taxes, labeling, and safety obligations. Merchants must promptly notify Kubby and affected Customers of recalls or safety issues and coordinate remedies.

E.2 Space Standards. Spaces shall handle goods with reasonable care consistent with retail order fulfillment standards and keep pickup areas orderly and secure. Spaces shall refuse items not tied to a valid Kubby Order ID and shall not present themselves as general storage providers. Spaces shall train staff on ID verification, code scanning, and incident reporting procedures.

ANNEX F — ARBITRATION DETAILS (EXTENDED)

F.1 Arbitrator Authority. The arbitrator shall have exclusive authority to resolve any dispute regarding the interpretation, applicability, or enforceability of this arbitration agreement, including formation and unconscionability challenges, consistent with governing law.

F.2 Discovery and Confidentiality. The arbitrator may permit reasonable discovery proportional to the needs of the case. All proceedings are confidential except as required to enforce an award or by law.

F.3 Award and Enforcement. Any award may be entered in any court of competent jurisdiction. The arbitrator may award attorneys’ fees and costs as permitted by law.

ANNEX G — INTERPRETATION; DEFINITIONS REINFORCEMENT

G.1 Headings. Headings are for convenience only and do not affect interpretation.

G.2 Conflicts. If there is a conflict between these Terms and any policy referenced herein, these Terms control unless the policy states otherwise.

G.3 Retail Order Fulfillment Scope. For avoidance of doubt, references to acceptance, handling, or holding of goods by a Space or Secure Hub are limited to retail order fulfillment for verified Kubby orders. Nothing in these Terms shall be construed to deem Spaces public storage providers or parcel holding facilities for unrelated items.

G.4 Survival of Key Definitions. The definitions of “Kubby Order ID,” “Spaces,” “Secure Hubs,” “Merchant,” and “Services” apply across all sections and annexes.

ANNEX H — PRACTICAL EXAMPLES

H. Example — Pickup Mismatch: If the individual at a Space cannot present a matching government ID or the correct Kubby Order ID code, staff may refuse pickup until identity is confirmed or an authorized pickup designee is added via the Kubby App.

H. Example — Oversized Package: If a package exceeds Space limits posted in the Kubby Platform, the Space may refuse acceptance or require an additional handling fee if capacity permits. The order may be rerouted to a Secure Hub where available.

H. Example — Late Pickup: If you miss the pickup window, and extended holding is unavailable, the item may be returned to the Merchant or disposed of after reasonable notice consistent with local law.

H. Example — Suspected Fraud: If a transaction triggers fraud screening, Kubby may delay or cancel the order and notify you. Additional verification may be required to proceed.

H. Example — Damage at Pickup: If damage is observed at pickup, you should document with photos and file a claim promptly through the Kubby App to preserve eligibility under the Protection Program.

H. Example — Recall Notice: If a recall is announced, the Merchant remains responsible for outreach and remedies; Kubby may facilitate notifications through the Kubby Platform.

ANNEX I — LEGAL REINFORCEMENT

I.1 For avoidance of doubt, the acceptance, handling, and temporary holding of goods by a Space or Secure Hub is performed solely in connection with retail order fulfillment for a verified Kubby Order ID initiated within the Kubby Platform. Spaces do not accept unrelated items for storage and do not operate as public storage or parcel holding facilities. This statement is intended to be read together with Sections 1, 3, 4, and 6 and Annexes A–H and shall be deemed repeated wherever necessary to prevent contrary interpretations.

I.2 Nothing in these Terms creates a bailment for the general public or a warehouseman relationship outside the limited retail order fulfillment context. Any contrary interpretation is expressly disclaimed.

ANNEX J — SPACE PARTICIPATION ADDENDUM

J.1 Status of Spaces. Each Space is an independent business participating in the Kubby retail marketplace and fulfillment network. Spaces do not hold themselves out as general storage providers and accept goods only when tied to a verified Kubby Order ID initiated within the Kubby Platform.

J.2 Minimum Operational Requirements. Spaces shall: (a) maintain premises in neat, sanitary, and safe condition; (b) implement reasonable access controls around pickup areas; (c) train staff to verify Kubby Order ID codes and government identification; (d) refuse items that are not accompanied by a valid Kubby Order ID; and (e) keep a tamper-evident process for goods pending pickup.

J.3 Capacity Management. Spaces may set daily intake limits, item size or weight limits, and pickup windows to avoid congestion. Changes shall be posted in the Kubby Portal and take effect prospectively.

J.4 Incident Reporting. Spaces must promptly report to Kubby: (a) suspected fraud or identity mismatch; (b) safety incidents; (c) loss, damage, or theft; and (d) any law-enforcement request that would materially affect order handling.

J.5 Audit & Quality Checks. Kubby may conduct remote or on-site quality checks during business hours, upon reasonable notice, limited to observing pickup operations, reviewing order logs, and validating adherence to this Addendum.

J.6 Insurance. Spaces agree to maintain commercially reasonable general liability insurance consistent with local norms. Proof of insurance shall be furnished upon reasonable request.

ANNEX K — MERCHANT PROGRAM TERMS

K.1 Seller of Record. Unless explicitly stated otherwise, the Merchant is the seller of record and remains responsible for product quality, labeling, tax collection where required, safety compliance, and after-sale support consistent with applicable law.

K.2 Listings and Accuracy. Merchants must ensure that listings, prices, and availability are accurate and not misleading. Comparative claims must be substantiated. Merchants must promptly correct errors that could materially affect a Customer’s decision to purchase.

K.3 Restricted and Age-Gated Goods. Merchants must comply with all legal restrictions on age-restricted items. Where allowed, age verification shall be performed at pickup or delivery in accordance with law. If legal requirements cannot be met, the order must be canceled and any collected amounts refunded.

K.4 Recalls and Safety Notices. Merchants shall promptly notify Kubby and affected Customers of product recalls or safety advisories and cooperate to implement remedies, which may include refunds, repair, replacement, or return-to-vendor programs.

K.5 Chargebacks and Disputes. Merchants authorize Kubby and its processors to manage chargeback workflows. Kubby may offset amounts due to the Merchant to cover chargebacks, refunds, or penalties consistent with processor rules and applicable law.

K.6 Data Use. Order data may be used by Kubby to operate, secure, and improve the Platform, generate aggregate or de-identified analytics, and provide insights to Merchants in compliance with the Privacy Policy.

ANNEX L — API & DEVELOPER TERMS

L.1 Access Credentials. API keys or OAuth credentials are personal to the developer entity and may not be shared. You must implement reasonable safeguards to prevent unauthorized use.

L.2 Rate Limits and Fair Use. Kubby may impose rate limits or quotas and may throttle or suspend access that degrades service quality or attempts to scrape listings at scale without authorization.

L.3 Data Handling. You must not cache personally identifiable information longer than necessary to fulfill the user’s request, must honor user deletion requests received via Kubby’s signals, and must secure data in transit and at rest.

L.4 Prohibited Uses. You may not use APIs to build competing marketplaces with confusing similarity, to re-publish proprietary data without permission, or to enable scraping of Spaces’ operational details beyond what is needed for order fulfillment.

L.5 Suspension. Kubby may suspend or revoke credentials for security, abuse, legal, or business reasons. Where reasonable, notice will be provided.

ANNEX M — DATA PROTECTION & SECURITY (SUMMARY OF PRACTICES)

M.1 Roles. For marketplace and order-fulfillment operations, Kubby acts as an independent controller of user and order data it collects, and may act as a processor for certain Merchant analytics features, as described in the Privacy Policy.

M.2 Security. Kubby employs administrative, technical, and physical safeguards proportionate to the nature of data processed. No method is perfectly secure; residual risk remains.

M.3 De-Identification and Aggregation. Kubby may de-identify or aggregate data to improve services, benchmarking, or reporting. Such outputs will not identify individuals.

M.4 Data Subject Requests. Kubby will honor applicable rights requests (e.g., access, deletion) consistent with law and its Privacy Policy. Some data may be retained as required by law or for security, fraud prevention, and accounting purposes.

M.5 Cross-Border Transfers. Where data is transferred across borders, Kubby relies on appropriate safeguards permitted by law.

M.6 Incident Response. In the event of a data incident affecting personal information, Kubby will investigate and, where legally required, notify affected parties and authorities.

ANNEX N — ACCESSIBILITY COMMITMENT

N.1 Approach. Kubby aims to provide an accessible experience and follows widely recognized guidelines where practicable. Accessibility is a continuous effort and not all portions may be fully compliant at all times.

N.2 Feedback Loop. Users may report barriers to accessibility via support, and Kubby will make good-faith efforts to address material issues in future updates.

ANNEX O — EXPORT CONTROLS; SANCTIONS; ANTI-CORRUPTION

O.1 Export Controls. You agree to comply with all applicable export control and trade laws and not to use the Services in violation of such laws, including restrictions on destinations, end-users, and end-uses.

O.2 Sanctions. You represent that you are not located in, organized under the laws of, or ordinarily resident in any embargoed jurisdiction and are not a denied or restricted party under applicable sanctions laws.

O.3 Anti-Corruption. You shall not offer or provide anything of value to any government official or private counterparty for the purpose of improperly influencing a decision related to the Services.

ANNEX P — ACCEPTABLE USE POLICY

P.1 Prohibited Behavior. Without limitation and in addition to any other restrictions in this Agreement, you shall not: (a) attempt to probe or test the vulnerability of the Platform; (b) interfere with or disrupt servers or networks; (c) use bots to harvest order details or user data; (d) upload malware; (e) engage in activities that could harm minors; (f) use the Services to promote illegal items or activities; or (g) misrepresent affiliation with Kubby or a Space.

P.2 Enforcement. Kubby shall have the right, in its sole discretion, to remove content, suspend or terminate accounts, block transactions, and take any other appropriate action against any violation or suspected violation of these rules or applicable law, without prior notice or liability.

ANNEX Q — FORCE MAJEURE; BUSINESS CONTINUITY

Q.1 Force Majeure. Kubby shall not be liable for any delay, failure to perform, damages or losses arising from events beyond its reasonable control, including natural disasters, strikes, wars, terrorism, riots, epidemics, government actions, power outages, or internet service failures.

Q.2 Continuity. Kubby maintains business continuity and disaster recovery processes as it deems appropriate for the Services, but makes no guarantees regarding the effectiveness or adequacy of such processes.

ANNEX R — DMCA / IP TAKEDOWN MECHANISM (SUMMARY)

R.1 Notice. If you believe content infringes your copyright, you may submit a notice consistent with 17 U.S.C. §512 to the contact specified in the Platform. Your notice must include the required information for processing.

R.2 Counter-Notice. If your content was removed based on a takedown notice and you believe it was a mistake or misidentification, you may submit a counter-notice pursuant to the statute.

R.3 Repeat Infringers. Kubby may terminate accounts of repeat infringers in appropriate circumstances.

ANNEX S — ADDITIONAL CONSUMER DISCLOSURES & LOCAL LAW NOTES

S.1 United States — State Disclosures. Certain state laws provide additional rights; where applicable, those rights are not waived by these Terms.

S.2 European Union / UK. Where mandatory consumer protections apply, nothing in these Terms limits statutory rights. The chosen law and forum provisions apply to the extent permitted.

S.3 Canada, Australia, and Others. Local consumer laws may grant non-excludable warranties or remedies; to the extent such rights apply, the disclaimers and limitations in these Terms operate subject to those rights.

S.4 Language. Translations may be provided for convenience. In the event of conflict, the English version controls.

ANNEX T — OPERATIONAL SOPs FOR SPACES (SUMMARY)

T.1 Intake Procedure. Upon receipt of goods tied to a valid Kubby Order ID, staff shall: scan the code; visually inspect packaging for tampering; apply a time-stamp; place goods in the designated holding area; and record any exceptions in the Kubby Portal.

T.2 Holding Standards. Goods remain in a secure, staff-only zone until pickup. If a temperature-controlled environment is required and offered, staff shall confirm capacity before acceptance. Kubby bears no liability for any damage or loss resulting from temperature control failures or fluctuations.

T.3 Pickup Verification. At pickup, staff shall request the Kubby Order ID code and verify identity as required. If a mismatch occurs, the item is not released; staff records the event and notifies Kubby support.

T.4 Exception Handling. If goods are damaged, appear tampered, or do not match order details, staff photographs the condition, logs the incident, and isolates the item pending Kubby instructions.

T.5 Daily Reconciliation. At close of business, staff reconciles outstanding orders, confirms item counts, and flags overdue pickups.

T.6 Training & Updates. Spaces shall review updated SOPs posted in the Kubby Portal and ensure all personnel are trained on such updates within fourteen (14) business days of posting, unless otherwise specified by Kubby.

Interpretive Clarification. To the extent any provision could be construed to broaden a Space’s role beyond retail order fulfillment under a valid Kubby Order ID, the narrower interpretation controls. Spaces do not accept unrelated items for storage or general parcel holding. This statement is intended to avoid ambiguity and should be read together with Sections 1, 3, 4, 6 and Annexes J–T.

Questions?

For questions or concerns:
Email: legal@kubby.io