Terms of Service

Welcome to Cubby Box! These Terms of Service (“Terms”) govern your use of the Cubby Box mobile application and related services (collectively, “the App”) operated by Cubby Box, a product of J Wayne Tech LLC (“we,” “us,” or “our”). By using the App, you agree to be bound by these Terms.

Please read these Terms carefully before using the App. If you do not agree to these Terms, do not use the App.

1. Eligibility

Cubby Box is designed for users ages 7 and older. To use the App, you must meet the following requirements:

• Children under 13: May only use the App through a kid account created by a parent or guardian who has agreed to these Terms and provided verifiable parental consent as required by COPPA. Children may not create accounts independently.
• Users ages 13–17: May use the App with a standard account, with parental consent where required by applicable law.
• Adults (18+): May use the App with a standard account. If you are creating a household that includes children, you represent that you are the parent or legal guardian of those children.
• Geographic eligibility: Cubby Box is available exclusively to residents of the United States and Canada. See our Privacy Policy section on Geographic Scope and Applicable Laws for the full list of applicable jurisdictions.

2. Account Registration

To use certain features of the App, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Keep your login credentials secure and confidential
• Notify us immediately at support@getcubbybox.com of any unauthorized use
• Accept responsibility for all activities that occur under your account

Parents and guardians are responsible for all activities under their household, including actions taken by kid accounts they create. You must not share your credentials with others or allow others to use your account.

3. Household and Kid Accounts

Cubby Box is organized around households. A parent or adult creates a household and may invite other adult members or create kid accounts for children under their care.

• Parents are responsible for creating and managing kid accounts within their household.
• Children may not create accounts independently. Any account that appears to have been created by a child without parental consent will be suspended pending verification.
• Parents have full control over kid accounts, including the ability to review, modify, and delete them at any time.
• Household data is shared among household members, subject to role-based access controls.

4. Acceptable Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the App for any unlawful purpose or in violation of any applicable laws or regulations
• Upload, post, or transmit any content that is offensive, harmful, defamatory, obscene, or otherwise objectionable
• Attempt to gain unauthorized access to any portion of the App, other user accounts, or our backend systems
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
• Use the App to transmit spam, malware, or any malicious content
• Misuse AI features by submitting content designed to manipulate, abuse, or extract unintended outputs from our AI systems
• Impersonate any person or entity or falsely represent your affiliation with any person or entity
• Use the App in any way that could damage, disable, overburden, or impair our servers or networks

5. User Content

“User Content” includes photos, item names, descriptions, notes, and any other content you create or upload to the App. You retain full ownership of your User Content.

By using the App, you grant Cubby Box a limited, non-exclusive, worldwide, royalty-free license to store, process, and display your User Content solely to provide the App's functionality to you and your household. We do not claim ownership of your User Content, do not share it with third parties (except as described in our Privacy Policy), and do not use it for advertising.

You may delete your User Content at any time through the App. Deleted content is permanently removed within 30 days.

6. AI-Powered Features

Cubby Box includes AI-powered features: Cubby Vision (item identification) and Cubby Calculator (resale value estimation). These features are provided for convenience and informational purposes only.

• AI features are provided “as is” without warranties of accuracy, completeness, or fitness for any particular purpose.
• Value estimates from Cubby Calculator are not professional appraisals and should not be relied upon for insurance, legal, tax, or financial decisions.
• We do not guarantee the accuracy of item identification or price estimates.
• You are responsible for reviewing and correcting any AI-generated content associated with your items.

See our Privacy Policy for details on how AI features process your data.

Photos submitted to Cubby Vision and item descriptions submitted to Cubby Calculator are processed by Anthropic transiently and are not retained by Anthropic for model training.

7. Subscriptions and Payments

Cubby Box may offer premium features through paid subscriptions. All subscriptions are processed through the Apple App Store or Google Play Store and are subject to their respective terms and conditions.

• Subscription pricing and features are displayed in the App at the time of purchase.
• Subscriptions automatically renew unless cancelled at least 24 hours before the renewal date through your App Store or Google Play account settings.
• Refunds are handled according to Apple App Store or Google Play policies, respectively.
• We reserve the right to modify subscription pricing or features with advance notice.

Cubby Credits are consumable virtual goods purchased through the Apple App Store or Google Play Store and used for AI-powered features within the App. Once delivered to your account, Cubby Credits are not refundable except as required by Apple App Store or Google Play Store policies. Cubby Credits do not expire while your account remains active. Cubby Credits, like Cubby Coins, have no real-world monetary value and cannot be redeemed for cash or real-world goods. We may modify the credit cost of any AI-powered feature with reasonable notice.

8. Cubby Coins and Virtual Items

Cubby Box includes a virtual currency system called “Cubby Coins” and virtual items available in the Cubby Cave. You acknowledge and agree that:

• Cubby Coins and virtual items have no real-world monetary value and cannot be exchanged for real currency, goods, or services.
• Cubby Coins are earned through in-app activities and may not be purchased for real money.
• We reserve the right to modify the virtual economy, including adjusting coin earning rates, virtual item availability, and pricing, at any time.
• Virtual items are licensed, not sold, and we may discontinue virtual items or the virtual economy at any time.
• Cubby Coins and virtual items are forfeited upon account deletion and have no value upon termination.

9. Intellectual Property

The Cubby Box App, including its design, code, graphics, logos, trademarks, and all other content created by us, is owned by J Wayne Tech LLC (operating as Cubby Box) and protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any part of the App without our prior written consent. The Cubby Box name, logo, and related marks are trademarks of J Wayne Tech LLC.

10. Privacy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices, including our COPPA compliance for children under 13.

11. Disclaimers

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the App will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy of any AI-generated content, item valuations, or other information provided through the App.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CUBBY BOX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE APP.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless J Wayne Tech LLC (operating as Cubby Box) and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the App; (b) your violation of these Terms; (c) your User Content; or (d) your violation of any rights of a third party.

14. Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms or if required to do so by law.

You may delete your account at any time through the App settings. Upon termination for any reason, your right to use the App ceases immediately, and we will delete your personal data as described in the Privacy Policy.

Sections 5 (User Content, our license terminates when you delete content), 7 (subscription and refund obligations), 8 (Cubby Coins and virtual items), 9, 11, 12, 13, 15, and 17 survive termination of these Terms.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the App shall be resolved in the courts located in Texas, and you consent to the personal jurisdiction of such courts.

16. Dispute Resolution

We hope you never have a dispute with us. If you do, this section explains how we'll handle it together. We've tried to keep this simple and fair. You always have the right to contact a lawyer or government regulator regardless of anything in this section.

16.1 Talk to us first. Before either of us starts any formal dispute process, the side raising the concern agrees to send a written notice describing the issue and what would resolve it. Send notices to us at support@getcubbybox.com or by mail to J Wayne Tech LLC, 4310 Medical Pkwy Ste 101, Austin, Texas 78756. We'll respond within 30 days, and we'll work in good faith to resolve the concern directly. Most disputes can be resolved this way, and we'd much rather fix things this way than through any formal process.

16.2 Mediation if we can't resolve it. If the issue isn't resolved through informal discussion within 60 days of the initial notice, either side may request mediation. Mediation is a non-binding process where a neutral third party helps both sides try to reach an agreement. We'll cover our share of any mediator fees and ask that you cover yours. Mediation must be conducted in Austin, Texas, or by video conference, at your choice.

16.3 Final dispute resolution. If mediation doesn't resolve the issue within 60 days, either side may move to formal dispute resolution. You choose between two paths. You may file in the appropriate court in Travis County, Texas, or you may initiate binding arbitration with the American Arbitration Association under their Consumer Arbitration Rules. Texas law governs in either path, as stated in Section 15.

16.4 Individual claims only. To keep dispute resolution fair and manageable for both sides, all formal disputes are handled individually rather than as a class action, collective action, or representative action. This means each person brings their own claim about their own situation. We believe this leads to better outcomes for everyone, since individual claims can be addressed on their specific facts rather than averaged across a group.

16.5 Small claims court is always available. Nothing in this section prevents you from filing a claim in small claims court if your dispute qualifies. Small claims court is often the fastest and least expensive way to resolve smaller disputes, and we won't try to push you toward arbitration or mediation if small claims is right for your situation.

16.6 You can opt out of arbitration. If you'd rather not be bound by the arbitration option in Section 16.3, you can opt out by emailing support@getcubbybox.com within 30 days of first agreeing to these Terms. Use the subject line “Arbitration Opt-Out” and include the email address associated with your Cubby Box account. Opting out doesn't affect any other part of these Terms, and it doesn't affect the informal resolution or mediation steps in Sections 16.1 and 16.2.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

18. Changes to These Terms

We may update these Terms from time to time. When we make changes, we will notify you through the App and update the effective date at the top of this page. Your continued use of the App after changes are posted constitutes your acceptance of the updated Terms.

If we make material changes that affect children's accounts, we will also notify the parent or guardian on record via email.

19. Contact

If you have questions about these Terms, please contact us:

• Email: support@getcubbybox.com
• Website: getcubbybox.com