Cubby Terms of Service
Welcome to Cubby, a mobile app created by BONSAI APPS LLC, a California-based company ("Cubby," "we," "our," or "us"). We're excited you're here. These Terms of Use ("Terms") are here to help you understand your rights and responsibilities when using Cubby. By downloading, installing, accessing, or using our app, you are entering into a binding agreement with us. If you do not agree to these Terms or our Privacy Policy, please do not use our Services.
1. About Cubby
Cubby is designed to help two people deepen their connection by engaging with a shared virtual bear mascot through prompts, reflections, and relationship-building activities. The Services include our mobile app, website, and any content or features provided by BONSAI APPS LLC (collectively, the "Services").
2. Eligibility
You must be at least 13 years old to use Cubby. By using Cubby, you confirm that you are at least 13 years of age, legally able to enter into a binding contract, and that all registration information you provide is accurate and up to date.
Children Under 13
The Services are not intended for use by children under the age of 13. If you are under 13, you may not use Cubby or provide any personal information to us. We do not knowingly collect personal information from children under 13.
If we learn that we have inadvertently collected personal data from a user under the age of 13, we will delete such data promptly and terminate the associated account. If you believe we may have collected information from a child under 13, please contact us at hello@ourcubby.com.
Cubby is not directed at individuals under the age of 13, and we do not knowingly collect personal data from them.
Teen Users (Ages 13–17)
If you are between the ages of 13 and 17, you may use the Services only with the consent and supervision of a parent or legal guardian. By using Cubby, you represent that you have received such permission.
3. Your Account
To use the Services, you may be required to create an account. You are responsible for maintaining the confidentiality of your login credentials and for any activity that occurs under your account. Each subscription includes access for two linked user accounts and is intended solely for personal, non-commercial use. You may not transfer, sell, or assign your account to anyone else. If you suspect unauthorized use of your account, contact us immediately at hello@ourcubby.com.
4. Copyright Infringement & DMCA Policy
We respect the intellectual property rights of others. If you believe that any content on the Services infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act ("DMCA") by providing the following information in writing:
- Your name, address, telephone number, and email address;
- A description of the copyrighted work you claim has been infringed;
- A description of where the infringing material is located in the app or on our website;
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the owner's behalf;
- Your electronic or physical signature.
Submit your DMCA notice to:
📧 Email: hello@ourcubby.com
We reserve the right to remove allegedly infringing content and, where appropriate, terminate the accounts of repeat infringers.
5. Export Compliance
You agree not to use, export, or re-export the Services except as authorized by United States law. Specifically, you agree not to:
- Export or re-export the Services to any country or region subject to U.S. export restrictions (including but not limited to Cuba, Iran, North Korea, Syria, or the Crimea region);
- Use the Services in any way that would violate U.S. export control laws or economic sanctions regulations.
By using Cubby, you represent that you are not located in a country subject to such restrictions, and that you are not a prohibited end-user under applicable laws.
6. Subscriptions, Payments & Renewals
Cubby is accessible through a paid subscription. Each subscription includes access for two accounts.
Subscriptions are billed in advance on a recurring basis (e.g., monthly or annually) via the app store through which you subscribed. Your subscription will automatically renew unless you cancel it before the end of the current billing period. You can cancel your subscription through the relevant app store's account settings.
We may update our subscription pricing from time to time, but we will provide advance notice of any changes. Refund requests for in-app purchases must be handled through the app store. We do not offer prorated refunds.
For billing questions, contact us at hello@ourcubby.com.
7. Promotional Offers
We may offer limited-time promotions or trial periods from time to time. These offers may be subject to eligibility requirements and specific terms, and we reserve the right to modify or discontinue them at any time.
8. No Therapy or Medical Advice
Cubby is designed for general wellness and relationship support. It is not intended to replace therapy, counseling, or professional medical advice.
We do not provide clinical or licensed therapy services. The use of Cubby should not be relied upon for diagnosis or treatment. If you are experiencing a crisis, seek immediate help from emergency services or a licensed provider.
9. Acceptable Use
You agree to use Cubby only for lawful and appropriate purposes. You may not:
- Use the Services in any manner that violates any applicable law or regulation;
- Engage in harassment, abuse, impersonation, or misrepresentation;
- Introduce any viruses, malware, or other harmful software;
- Interfere with or disrupt the performance of the Services;
- Attempt to reverse engineer or extract source code from our software.
We reserve the right to suspend or terminate accounts engaged in conduct that violates these Terms or harms others.
10. Ownership and Intellectual Property
Cubby and all associated content, including graphics, animations, code, and trademarks, are the property of BONSAI APPS LLC or our licensors. By using Cubby, you are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for personal purposes only.
You may not reproduce, distribute, publicly display, or create derivative works from any Cubby content. Use of our trademarks requires our prior written consent.
11. Third-Party Platforms and Services
Cubby may link to or incorporate third-party services. We are not responsible for the content, policies, or practices of those third-party services. Your use of third-party services is subject to their own terms and conditions.
12. App Stores & Device Usage
Your use of Cubby is also subject to the terms and policies of the app store through which you download it (e.g., Apple or Google). These stores are not responsible for Cubby's content or functionality. Any support requests should be directed to us at hello@ourcubby.com. Refunds are governed by the app store's policies.
13. Changes to the Services
We may change, suspend, or discontinue any part of Cubby at any time without notice. We are not liable for any modifications or termination of the Services.
14. Account Termination
We may suspend or terminate your access to Cubby if you violate these Terms, misuse the Services, or cause harm. You may also choose to delete your account at any time.
Upon termination, your license to use Cubby ends, and we may delete your data except where required by law to retain it.
15. Data & Privacy
Our collection and use of your personal data is governed by our Privacy Policy. Please review it to understand how we protect your information.
16. Disclaimer of Warranties
Cubby is provided "as is" and "as available" without warranties of any kind. We do not guarantee that:
- The Services will be secure, timely, uninterrupted, or error-free;
- The content will be accurate or reliable;
- The app will meet your expectations.
To the fullest extent permitted by law, we disclaim all warranties, express or implied.
17. Limitation of Liability
To the maximum extent allowed by law, BONSAI APPS LLC, including its officers, employees, and agents, shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of Cubby.
Our total liability for any claim shall not exceed the amount you paid to us in the six months prior to the incident giving rise to the claim.
18. Indemnification
You agree to indemnify and hold harmless BONSAI APPS LLC and its affiliates from any claims, losses, damages, liabilities, or expenses arising from:
- Your use of the Services;
- Your breach of these Terms;
- Any content you post or transmit through the Services.
19. Dispute Resolution & Arbitration
Before taking legal action, we encourage you to contact us at hello@ourcubby.com to resolve any disputes informally.
If we are unable to resolve a dispute, you and Cubby agree to resolve it through binding arbitration under the rules of the American Arbitration Association. Arbitration will take place in Los Angeles County, California.
By agreeing to arbitration, you waive your right to a jury trial and to participate in class action lawsuits. Your continued use of the Services after these Terms are updated constitutes agreement to any revised dispute resolution terms.
20. Governing Law
These Terms are governed by the laws of the State of California. Any legal disputes not subject to arbitration must be brought in Los Angeles County, California.
21. Severability & Waiver
If any provision of these Terms is found unenforceable, the remaining provisions will continue to apply. Our failure to enforce a right or provision does not waive our ability to enforce it later.
22. Changes to These Terms
We may update these Terms from time to time. We will notify you of significant changes through the app or by email.
Your continued use of Cubby after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to any updates, you must stop using the Services.
23. Contact Us
Have questions? Reach out anytime.
Email: hello@ourcubby.com
Thanks for using Cubby. We hope you enjoy your experience.