1. The agreement
These Terms of Service (the “Terms”) form a binding agreement between you or the entity you represent (“you”, “Customer”) and M/S CUBELABS (“we”, “us”), the provider of Smppcube (the “Software”). By purchasing, installing, or using the Software you agree to these Terms. If you do not agree, do not install or use the Software.
Self-hosted, by design. Smppcube runs entirely on servers you own or control. We do not host your deployment, and we do not have standing access to the messages, contacts, or campaign data your deployment processes. Those remain under your control and responsibility.
2. Licence grant
Subject to payment of the applicable fees and your compliance with these Terms, we grant you a perpetual, non-exclusive, non-transferable licence to install, run, and modify the Software for your own business operations on infrastructure you control.
- The licence covers one production deployment per purchased licence unless your order states otherwise.
- You may create staging, testing, and disaster-recovery copies reasonably needed to operate that deployment.
- Any reseller, white-label, or multi-tenant rights apply only where expressly purchased and are governed by the applicable addendum to these Terms.
3. Restrictions
Except as these Terms or your order expressly permit, you may not:
- resell, sublicense, distribute, or publish the Software’s source code, in whole or in part, as a competing product or code library;
- remove or obscure proprietary notices, or misrepresent the origin of the Software;
- use the Software to send messaging traffic that is unlawful, that violates carrier, RCS, or WhatsApp program rules, or that constitutes unlawful spam under applicable law; or
- use the Software in violation of applicable export-control or sanctions law.
You are solely responsible for lawful use of the messaging channels you connect, including obtaining the consents and opt-ins that applicable telecommunications and data-protection law require of the sender.
4. Source code & intellectual property
The Software is delivered as source code so you can audit, extend, and self-host it. We retain all intellectual-property rights in the Software, including in any updates we provide. Modifications you make to your own copy are yours to the extent they are separable from our underlying code; they do not transfer ownership of the underlying Software to you.
5. Fees & payment
Licence fees, support fees, and any add-ons are those shown on your order or invoice. Fees are due as stated on the invoice and, unless required by law or stated otherwise, are exclusive of taxes, which you are responsible for. Refund eligibility is governed by our Refund Policy, which forms part of these Terms.
6. Support & updates
Support and maintenance are provided according to the tier you purchase, as described on our Support page and your order. Year-one support may be included with your licence; continued support renews annually at the rates published at renewal. We may release updates and fixes, but are not obligated to develop any specific feature.
7. Warranties & disclaimers
We warrant that we have the right to license the Software to you. Except for that express warranty, the Software is provided “as is”, without warranties of any kind, whether express, implied, or statutory, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, to the maximum extent permitted by law. You are responsible for the configuration, security, and operation of your deployment and the third-party services (carriers, SMSCs, RCS, WhatsApp, cloud AI providers) you choose to connect.
8. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total aggregate liability arising out of or relating to these Terms will not exceed the fees you paid to us for the Software in the twelve (12) months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.
9. Term & termination
The licence is perpetual and continues unless terminated. We may terminate the licence if you materially breach these Terms and do not cure the breach within thirty (30) days of written notice. On termination for breach, you must stop using the Software and destroy your copies. Sections that by their nature should survive termination (including IP, disclaimers, and limitation of liability) will survive.
10. Governing law & disputes
These Terms are governed by the laws of Jaipur, Rajasthan, India, without regard to conflict-of-laws rules, and the courts of that jurisdiction have exclusive jurisdiction over disputes, unless mandatory local law provides otherwise.
11. Changes to these Terms
We may update these Terms from time to time. Material changes take effect when we post the revised Terms with a new “last updated” date. Your continued use after that date constitutes acceptance. Questions? Email enquiry@smppcube.com.
Questions about this document? Contact us at enquiry@smppcube.com.