Terms of Use Agreement

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY.  THIS WEBSITE AND ANY OTHER WEBSITES OF KUBIYA, INC. (“KUBIYA”), ITS AFFILIATES OR AGENTS (COLLECTIVELY, THE “WEBSITE”) AND THE INFORMATION ON IT ARE CONTROLLED BY KUBIYA.  THESE TERMS OF USE GOVERN THE USE OF THE WEBSITE AND APPLY TO ALL INTERNET USERS VISITING THE WEBSITE.  BY ACCESSING OR USING THE WEBSITE IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”). BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE OR USING THE KUBIYA’S SDKS OR APPLICATION PROGRAMMING INTERFACES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH KUBIYA, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT ENTITY TO THE TERMS OF USE.  THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE.  IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.PLEASE BE AWARE THAT SECTION 13 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND KUBIYA. AMONG OTHER THINGS, SECTION 13 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION.  SECTION 13 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.  PLEASE READ SECTION 13 CAREFULLY.Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service.  If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.  The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Agreement.”The Kubiya Data Processing Addendum available at https://kubiya.ai/data-processing-addendum/ is incorporated into and forms part of these Terms of Use if you entered into these Terms of Use on behalf of a legal entity.  You acknowledge that you have read and understand Kubiya’s Privacy Policy and that your personal information will be collected, used and disclosed as described in our Privacy Policy. PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY KUBIYA IN ITS SOLE DISCRETION AT ANY TIME.  When changes are made, Kubiya will make a new copy of the Terms of Use Agreement available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website.  We will also update the “Last Updated” date at the top of the Terms of Use Agreement.  Kubiya may require you to provide consent to the updated Agreement in a specified manner before further use of the Website and/ or the Services is permitted.  If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services.  Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s).  PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.


  • USE OF THE SERVICES AND KUBIYA PROPERTIES.  The APIs, the SDKs, the Website, the Services, and the information and content available on the Website and in the Application and the Services (as these terms are defined herein) (each, a “Kubiya Property” and collectively, the “Kubiya Properties”) are protected by copyright laws throughout the world.





  • USER CONDUCT.  As a condition of use, you agree not to use Kubiya Properties for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party) either (a) take any action or (b) Make Available any Content on or through Kubiya Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Kubiya’s prior written consent; (v) impersonates any person or entity, including any employee or representative of Kubiya; (vi) interferes with or attempt to interfere with the proper functioning of Kubiya Properties or uses Kubiya Properties in any way not expressly permitted by this Agreement; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against Kubiya Properties, including but not limited to violating or attempting to violate any security features of Kubiya Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Kubiya Properties, introducing viruses, worms, or similar harmful code into Kubiya Properties, or interfering or attempting to interfere with use of Kubiya Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” Kubiya Properties.


  • INDEMNIFICATION.  You agree to indemnify and hold Kubiya, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Kubiya Party” and collectively, the “Kubiya Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any Kubiya Property; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any Registered Users; or (e) your violation of any applicable laws, rules or regulations.  Kubiya reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kubiya in asserting any available defenses.  This provision does not require you to indemnify any of the Kubiya Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Website or any Services provided hereunder.  You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to Kubiya Properties.



  • Terms and Termination.

  • INTERNATIONAL USERS.  Kubiya Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country.  These references do not imply that Kubiya intends to announce such Services or Content in your country.  Kubiya Properties are controlled and offered by Kubiya from its facilities in the United States of America. Kubiya makes no representations that Kubiya Properties are appropriate or available for use in other locations.  Those who access or use Kubiya Properties from other countries do so at their own volition and are responsible for compliance with local law.

  • DISPUTE RESOLUTION.Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully.  It requires users to arbitrate disputes with Kubiya and limits the manner in which you can seek relief from us.