Terms of Service

1. Acceptance of Terms

By accessing or using Kubian, you agree to be bound by these Terms of Service. If you do not agree to these terms, you must not use the service.

2. Use License

Kubian grants you a limited, non-exclusive, non-transferable license to use the platform for lawful, non-malicious purposes. You may not use Kubian for unauthorized exploitation, hacking, or abuse of infrastructure.

3. Disclaimer

Kubian is provided on an "as is" and "as available" basis. We make no warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

Kubian does not guarantee uninterrupted, secure, or error-free operation of the service and shall not be liable for outages, interruptions, delays, or system failures.

4. Limitation of Liability

To the fullest extent permitted by law, Kubian shall not be liable for indirect, incidental, or consequential damages, including loss of data or business interruption. This limitation does not apply in cases of gross negligence, willful misconduct, or fraud.

You acknowledge that Kubian’s attestation results and security signals are provided for informational purposes only and must not be solely relied upon for security-critical or business-critical decisions.

5. Termination

We reserve the right to suspend or terminate accounts or projects that violate these terms.

For non-malicious violations, we may provide notice and an opportunity to cure.
For fraud, abuse, or infrastructure attacks, termination may occur immediately.

Termination may result in loss of access to services and associated data.

6. Governing Law

These Terms are governed by the laws of the State of Oregon, United States, without regard to conflict of law principles.

7. Application & DLAC

Application identifiers (e.g., package name, keystore) are permanently bound to a project. Changes require a Developer Licensing Application Change (DLAC), subject to administrative approval.

8. Project Limits

Accounts are limited to a maximum of five (5) projects. Paid projects may not count toward this limit depending on tier. Deleted projects are permanently removed.

9. Paid Project Features

Paid projects may include restoration options if requested before the next billing date. Restoration is subject to verification and availability.

10. Data Storage & Retention

Kubian does not retain project data after deletion, except where retention is required for legal compliance, fraud prevention, or security purposes.

Users are responsible for managing their own project secrets. Kubian does not automatically rotate or update keys.

11. Free Tier Limitations

Free tier projects are not guaranteed to be recoverable. Users should use the delete-and-recreate workflow as needed.

12. Payment Refund Policy

Designed to comply with applicable consumer protection laws, all refund requests are processed through our automated Refund Execution Analysis Process (REAP).

Refunds are issued if:

The project is less than 7 days old, and
The project has not exceeded its tier-specific API limits

Use of the service constitutes consumption and may affect eligibility.

Fraudulent claims or unauthorized chargebacks may result in suspension or termination of the account.

13. Payment Protection

13.1 Payment Security

We implement security measures to ensure payments are legitimate. Suspicious transactions may be rejected.

13.2 Billing & Grace Period

If a payment is missed, a three (3) day grace period will apply. During this period, the service may remain active; however, usage may incur overage fees in accordance with the applicable pricing plan.

During the grace period, API usage overages are billed at a rate of $0.10 per 1,000 API requests, capped at a maximum overage charge of $25.00 per grace period.

If usage during the grace period exceeds 250,000 API requests, service access may be suspended until the outstanding balance is paid.

If payment is not received by the end of the grace period, the project may be downgraded to the Free Tier, and access to paid features may be restricted until all outstanding balances are settled.

Accounts with outstanding balances may be restricted from purchasing, upgrading, or accessing additional paid services until the account is returned to good standing.

13.3 Chargebacks

Unauthorized chargebacks may result in account suspension or termination.

14. Dispute Resolution

Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to these Terms of Service, the use of Kubian, or any services provided by Kubian shall be resolved through binding individual arbitration rather than in court.

The arbitration shall be conducted in the State of Oregon, United States, in accordance with the rules of the American Arbitration Association (AAA) or a comparable arbitration provider selected by Kubian.

The parties agree that arbitration shall be conducted on an individual basis only, and not as a class, consolidated, or representative action.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement.

Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened misuse, unauthorized access, intellectual property infringement, or security violations.

15. Subscription, Billing, and Cancellation

15.1 Subscription Authorization

By subscribing, you authorize recurring monthly billing until cancellation.

15.2 Cancellation

You may cancel your subscription at any time through the Purchase Portal.

15.3 Access After Cancellation

Upon cancellation, your project and API access may be terminated immediately. In certain cases, access may remain active until the end of the current billing period where required by applicable law or operational necessity, at Kubian’s discretion.

15.4 Grace Period

If cancellation occurs within three (3) days of renewal, no additional charges will apply.

15.5 Billing Responsibility

If cancellation occurs outside the grace period, you remain responsible for the current billing cycle and any applicable outstanding balances.

15.6 Non-Payment

Failure to settle outstanding balances may result in suspension or termination of access.

16. Age Requirement and Legal Capacity

By accessing or using Kubian, you represent and warrant that you are either (i) at least eighteen (18) years of age, or (ii) under the age of eighteen (18) and using the service with the knowledge, supervision, and consent of a parent or legal guardian who agrees to be bound by these Terms of Service.

If you are under the age of eighteen (18), your parent or legal guardian is responsible for your use of the service, including all activities, charges, and compliance with these Terms.

If Kubian becomes aware that an account holder does not meet these requirements, we reserve the right to suspend or terminate the account and any associated projects immediately.

Any payments made by accounts that are later determined to be in violation of these requirements may not be eligible for a refund and will be reviewed in accordance with our refund policies and applicable law.

17. Parent Company and Service Ownership

Kubian is a product developed and operated under the name KubianTechnologies. KubianTechnologies is an internal brand and trade name used by Static Labs LLC and is not a separate legal entity.

All legal, financial, and contractual responsibilities associated with Kubian are owned and operated by Static Labs LLC, a legally registered entity in the State of Oregon, United States.

By using Kubian, you acknowledge and agree that any contractual relationship is formed with Static Labs LLC, and not with KubianTechnologies as an independent legal entity.

18. Modifications to Terms

Kubian reserves the right to modify or update these Terms of Service at any time. Changes will become effective upon posting. Continued use of the service after such changes constitutes your acceptance of the revised Terms.

19. Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Kubian is not liable for any loss or damage arising from unauthorized use of your account.

20. Indemnification

You agree to defend, indemnify, and hold harmless Static Labs LLC, Kubian, and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorneys’ fees and costs, arising out of or in any way connected with:

Your use or misuse of the service
Your violation of these Terms of Service
Your violation of any law or the rights of a third party
Any data, content, or activity conducted under your account

This obligation will survive termination of your account and use of the service.

21. Acceptable Use Policy

You agree not to use Kubian in any manner that violates applicable laws or these Terms. Prohibited activities include, but are not limited to:

Attempting to bypass, disable, or interfere with Kubian’s security, attestation, or integrity systems
Reverse engineering, decompiling, or attempting to extract source code or underlying systems
Spoofing, falsifying, or manipulating device signals, attestation data, or system integrity results
Using automated systems, bots, or scripts to abuse API limits or infrastructure
Engaging in unauthorized exploitation, penetration testing, or infrastructure attacks without explicit written permission

Violation of this section may result in immediate suspension or termination of your account without notice.

22. Service Level Disclaimer

Kubian does not provide any guaranteed service level, uptime commitment, or service level agreement (SLA) unless explicitly stated in a separate written agreement.

The service may experience interruptions, delays, or outages due to maintenance, system updates, third-party dependencies, or unforeseen technical issues.

You acknowledge and agree that Kubian shall not be liable for any failure to meet uptime expectations, performance metrics, or availability requirements.

23. Automated Analysis, Processing, and Evaluation

Kubian utilizes automated systems to analyze, process, and evaluate account activity, project usage, billing eligibility, and security signals for the purpose of maintaining service integrity, enforcing platform rules, and preventing fraud or abuse.

This includes, but is not limited to:

Automated refund eligibility determination through the Refund Execution Analysis Process (REAP)
Monitoring of API usage, including monthly, daily, and burst rate limits
Account verification processes, including email verification and CAPTCHA-based validation
Project and account integrity checks to determine verification status and compliance with platform requirements
Detection and prevention of abuse, fraudulent activity, or attempts to bypass system safeguards
Kubian does not engage in continuous or behavioral monitoring of user accounts beyond automated, event-based analysis necessary for service functionality, security, and fraud prevention, in order to respect user privacy and reduce the risk of inaccurate automated enforcement.

By using Kubian, you acknowledge and agree that decisions related to refunds, rate limiting, access restrictions, and account status may be made in whole or in part through automated systems without human review.

While Kubian implements reasonable safeguards to ensure accuracy, we do not guarantee that automated decisions will be error-free, and we reserve the right to take action based on the results of such systems.

Abuse of automated systems, including but not limited to manipulation of refund eligibility, circumvention of rate limits, or exploitation of verification mechanisms, may result in immediate suspension or termination of access.

You agree that you may be held liable for any losses, damages, fees, or operational costs incurred by Kubian or Static Labs LLC as a result of fraudulent activity, abuse of automated systems, or attempts to exploit platform processes.

Kubian reserves the right to investigate, audit, and take appropriate action against any account or project suspected of engaging in abusive or fraudulent behavior, including notifying the account holder of such activity.

24. Explicit Liability Cap

To the fullest extent permitted by applicable law, the total aggregate liability of Kubian and Static Labs LLC, whether in contract, tort (including negligence), strict liability, or otherwise, arising out of or relating to the use of the service, shall not exceed the total amount paid by you to Kubian for the service in the six (6) months immediately preceding the event giving rise to the claim.

This limitation applies regardless of the form of action and even if Kubian has been advised of the possibility of such damages.

25. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms.

All remaining provisions shall remain in full force and effect and continue to be valid and enforceable.

26. Survival Clause

Any provisions of these Terms of Service which by their nature should survive termination or expiration of your access to the service shall survive, including but not limited to provisions relating to limitation of liability, indemnification, dispute resolution and arbitration, payment obligations, intellectual property rights, data use, and compliance with applicable laws.

Termination or discontinuation of your account or access to Kubian shall not relieve you of any obligations or liabilities incurred prior to such termination, nor shall it limit Kubian’s rights to enforce any provision of these Terms that is intended to survive.

27. Entire Agreement

These Terms of Service, together with any policies or agreements expressly incorporated by reference, constitute the entire agreement between you and Kubian (operated by Static Labs LLC) regarding your use of the service.

These Terms supersede all prior or contemporaneous agreements, communications, representations, or understandings, whether written or oral, relating to the subject matter herein.

Any failure by Kubian to enforce any provision of these Terms shall not be deemed a waiver of such provision or of the right to enforce it at a later time.

28. Force Majeure

Kubian shall not be liable for any failure or delay in performance of its obligations under these Terms of Service where such failure or delay results from events beyond its reasonable control.

Such events may include, but are not limited to, acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, power outages, governmental actions, or failures of third-party service providers.

During any force majeure event, Kubian’s obligations shall be suspended for the duration of the event, and Kubian will make reasonable efforts to resume normal operations as soon as practicable.

29. Security Signals & Non-Reliance

Kubian provides device and application integrity signals for informational and advisory purposes only. These signals are not guarantees of security, authenticity, or integrity.

You acknowledge and agree that Kubian must not be relied upon as the sole or primary security mechanism for any application, system, or service.

All decisions regarding access control, enforcement, authentication, and security responses remain solely the responsibility of the developer’s backend systems and implementation.

30. No Guarantee of Detection or Prevention

Kubian does not guarantee the detection, prevention, or mitigation of all threats, vulnerabilities, or malicious activity.

You acknowledge that attackers may develop methods to bypass, evade, or manipulate attestation systems, including but not limited to spoofing hardware signals, modifying execution environments, or exploiting unknown vulnerabilities.

Kubian shall not be held liable for any failure to detect or prevent such activities.

31. Third-Party Dependencies

Kubian relies on third-party systems, hardware components, operating systems, and external services, including but not limited to Android platform features, hardware keystores, and manufacturer-provided attestation mechanisms.

Kubian makes no warranties regarding the accuracy, reliability, or continued availability of such third-party components and shall not be liable for any failures, inaccuracies, or changes originating from them.

32. Developer Implementation Responsibility

You acknowledge and agree that the effectiveness of Kubian depends on proper implementation within your own systems.

You are solely responsible for implementing secure backend validation, authentication systems, replay protection, and any additional safeguards required for your application.

Failure to properly implement or maintain these systems may result in vulnerabilities, unauthorized access, or inaccurate security decisions, for which Kubian and Static Labs LLC shall not be held responsible.

33. No Warranty of Compatibility or Availability

Kubian does not guarantee compatibility with all devices, operating systems, hardware configurations, or future platform updates.

Functionality may change, degrade, or become unavailable due to updates, deprecations, or changes made by third-party providers or hardware manufacturers.

Kubian shall not be liable for any impact resulting from such changes.

34. Security Research and System Interference

You agree not to analyze, probe, test, reverse engineer, or otherwise attempt to discover or interfere with Kubian’s attestation mechanisms, detection systems, or security logic without explicit prior written authorization.

This includes, but is not limited to, attempts to simulate spoofed devices, manipulate attestation responses, or bypass system safeguards.

Unauthorized activity may result in immediate suspension or termination of access and may be subject to further legal action.

Nothing in this section is intended to restrict lawful security research conducted in good faith and in compliance with applicable laws. Authorized research may be permitted with prior written consent.

35. Attribution and Branding

Kubian encourages developers to provide attribution within their application, product, or related materials to help improve transparency, user trust, and awareness of Kubian’s services.

Attribution may be provided through one or more of the following methods:

Including "Powered by Kubian" or similar wording in application credits, documentation, or about sections
Displaying the Kubian name or logo within the application (such as on a loading screen, splash screen, or credits page)
Providing acknowledgment in publicly accessible materials associated with the application

Providing attribution can assist users in identifying the security technologies in use and may help surface potential issues, vulnerabilities, or misconfigurations more effectively.

If attribution is provided, it must not misrepresent Kubian’s role or imply endorsement beyond the services offered.

Attribution is optional and not required for use of the service. Failure to provide attribution does not constitute a breach of these Terms.

36. Use at Your Own Risk

You acknowledge and agree that your use of Kubian is at your sole risk. Kubian does not guarantee that the service will meet your specific security, business, or operational requirements.

You are solely responsible for evaluating whether Kubian is appropriate for your intended use and for implementing any additional safeguards necessary to protect your application and users.

37. Data Accuracy and False Positives

Kubian may generate inaccurate, incomplete, or misleading results, including false positives or false negatives in device or application integrity assessments.

You acknowledge that such results must be independently validated within your own systems and workflows. Kubian shall not be held liable for any actions taken based on inaccurate or incomplete data.

Latest update to Kubian/Static Labs LLC Terms of Service: 4/13/26; ToS version: 4.15.26.1618.

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