Terms of Service

Welcome, and thank you for your interest in MessCube ("Company," "we," "us," "our"). We operate the website https://messcube.com (the "Site"), as well as related products, web apps, and services that reference or link to these legal terms (collectively, the "Services").

These Terms of Service ("Legal Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and MessCube, concerning your access to and use of the Services. By accessing or using the Services, you agree to be bound by these Legal Terms. If you do not agree, do not use the Services.

TABLE OF CONTENTS

1. OUR SERVICES

The Services provide creative intelligence and analytics tools that help brands analyze public ads, benchmark performance, and generate creative insights (including AI-assisted outputs). Information available through the Services may not be appropriate or available for use in all jurisdictions. You access the Services on your own initiative and are responsible for compliance with local laws where applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our IP

We own or license all rights in the Services, including software, source code, databases, functionality, designs, text, images, audio, video, and graphics (collectively, the "Content"), as well as trademarks, service marks, and logos (the "Marks"). Content and Marks are protected by intellectual property laws worldwide. The Content and Marks are provided "AS IS" for your personal or internal business use only.

Your License to Use the Services

Subject to these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download/print portions of the Content to which you have lawful access for your personal or internal business purposes.

Except as expressly permitted, you may not copy, reproduce, publicly display, distribute, license, or otherwise exploit any part of the Services, Content, or Marks without our prior written permission. Requests: sqaure@messcube.com.

We reserve all rights not expressly granted.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

• (1) all account information you provide is true, accurate, current, and complete, and you will maintain its accuracy;
• (2) you have legal capacity and agree to comply with these Legal Terms;
• (3) you are not a minor in your jurisdiction;
• (4) you will not access the Services through automated/non-human means (except where we expressly permit API or automation);
• (5) you will not use the Services for unlawful purposes; and
• (6) your use complies with all applicable laws and regulations.

4. ACCOUNTS & REGISTRATION

You may be required to register. Keep your credentials confidential; you are responsible for all activity under your account. We may reclaim or change usernames we deem inappropriate.

5. PURCHASES AND PAYMENT

Provide current, complete, and accurate payment information for all purchases. You authorize us to charge your selected payment method for fees, taxes, and any applicable charges. Prices may change from time to time. All amounts are in U.S. dollars unless stated otherwise. We may refuse or cancel orders at our discretion (e.g., suspected fraud or reseller activity).

6. SUBSCRIPTIONS

Billing & Renewal. Subscriptions automatically renew unless canceled. You authorize recurring charges until you cancel.

Cancellation. All purchases are non-refundable unless required by law. You may cancel at any time, effective at the end of the current term. For help: sqaure@messcube.com.

Fee Changes. We may change fees and will communicate such changes as required by law.

Usage Limits. If you exceed plan limits, we may (a) throttle or restrict access; or (b) offer/upgrade you to a plan that accommodates your usage (and charge the pro-rated difference) as described at purchase.

7. SOFTWARE & AI-ASSISTED FEATURES

If the Services include downloadable software or SDKs, and no separate EULA applies, we grant you a personal, revocable, non-transferable license to use such software solely with the Services and in accordance with these Legal Terms.

AI Outputs. Some features generate or summarize content using AI. AI outputs can be inaccurate, incomplete, or reflect biases. You are responsible for independently reviewing outputs and for how you use them (e.g., ad claims, compliance, IP). We do not guarantee that AI outputs will be unique or non-infringing.

Your Inputs. Do not upload content you do not have the right to use. By submitting inputs (e.g., brand assets, prompts), you represent you have all necessary permissions and licenses.

No Professional Advice. Outputs are for informational purposes and are not legal, financial, or compliance advice.

8. PROHIBITED ACTIVITIES

You agree not to:

• misuse or attempt to bypass security features;
• scrape, crawl, or harvest data except as expressly permitted by us (note: we provide our own lawful data ingestion for public ads);
• interfere with or burden the Services;
• use the Services to violate rights of others (privacy, IP, publicity);
• upload malware or harmful code;
• impersonate others or misrepresent your affiliation;
• use the Services contrary to applicable laws or these Terms.

9. USER-GENERATED CONTENT

The Services may allow you to upload or submit content (e.g., brand assets, text, images, videos, prompts) ("UGC"). You retain ownership of UGC. You grant us a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, process, display, and otherwise use UGC as necessary to operate, improve, and provide the Services (including generating outputs and diagnostics). You are solely responsible for UGC and for obtaining all permissions required.

We may remove or disable UGC that we believe violates these Terms or applicable law.

10. CONTRIBUTION LICENSE

If you send feedback or suggestions, you grant us the right to use and share such feedback for any purpose without obligation to you.

11. GUIDELINES FOR REVIEWS

Where reviews/ratings are permitted: post only honest experiences; avoid unlawful, offensive, or misleading content. We may moderate or remove reviews at our discretion.

12. SOCIAL MEDIA

You may link certain third-party accounts to your account where supported. You authorize us to access and store information from such accounts per your settings. Your relationship with third parties is governed by their terms; we are not responsible for their services.

13. THIRD-PARTY WEBSITES & CONTENT

The Services may reference third-party websites, SDKs, APIs, datasets (e.g., public ad libraries), or content. We do not control or endorse third-party resources and are not responsible for their accuracy, legality, or practices. Access at your own risk and review third-party terms and privacy policies.

14. ADVERTISERS

We may display third-party advertisements. We do not control advertiser content and are not responsible for transactions with advertisers.

15. SERVICES MANAGEMENT

We may monitor and manage the Services to ensure proper operation, including removing or limiting content, managing storage, enforcing limits, and addressing violations.

16. PRIVACY POLICY

Your use of the Services is subject to our Privacy Policy posted on the Site, which is incorporated by reference. By using the Services, you consent to our data practices described there.

17. TERM & TERMINATION

These Terms remain in effect while you use the Services. We may suspend or terminate access, with or without notice, for any violation of these Terms or applicable law, or for risk to the Services. Upon termination, your right to use the Services ends immediately. Certain sections survive termination.

18. MODIFICATIONS & INTERRUPTIONS

We may change, suspend, or discontinue all or part of the Services at any time without liability. Availability may be interrupted for maintenance, upgrades, or network failures. We do not guarantee the Services will be available at all times.

19. GOVERNING LAW

These Legal Terms and your use of the Services are governed by the laws of the State of California, without regard to its conflict-of-law principles. The exclusive venue for any permitted court proceeding arising out of or relating to these Legal Terms is the state and federal courts located in the City and County of San Francisco, California.

20. DISPUTE RESOLUTION

Informal Negotiations. Before initiating formal proceedings, the parties will attempt to resolve disputes informally for 30 days after written notice.

Restrictions. To the fullest extent permitted by law: (a) disputes will be resolved on an individual basis only; (b) class actions and representative proceedings are not permitted.

Exceptions. Either party may seek injunctive or equitable relief to protect IP rights, or address unauthorized access, data misuse, privacy, or security incidents, in any court of competent jurisdiction.

21. CORRECTIONS

Information on the Services may contain errors or omissions. We may correct or update information at any time without notice.

22. DISCLAIMER

THE SERVICES (INCLUDING AI-ASSISTED FEATURES) ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND RELIABILITY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT OUTPUTS WILL BE ACCURATE OR SUITABLE FOR A PARTICULAR USE.

23. LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, REVENUE, OR DATA), EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; SOME LIMITS MAY NOT APPLY TO YOU.

24. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless (including affiliates and personnel) from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your UGC; (c) your violation of these Legal Terms; or (d) your violation of third-party rights.

25. USER DATA

We maintain and back up data in accordance with our policies, but you are responsible for your own backups. We are not liable for loss or corruption of your data, subject to applicable law.

26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS & SIGNATURES

You consent to receive communications electronically and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy legal requirements that such communications be in writing.

27. CALIFORNIA USERS AND RESIDENTS

If a complaint is not resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210 or (916) 445-1254.

28. MISCELLANEOUS

These Legal Terms (and documents incorporated by reference) constitute the entire agreement between you and us regarding the Services. If any provision is unenforceable, the remaining provisions will remain in effect. We may assign our rights and obligations. No agency, partnership, joint venture, or employment relationship is created by these Terms. Our failure to enforce any right is not a waiver.

29. CONTACT US

For questions about these Legal Terms or the Services, contact us at: