Terms of Service
Effective July 26, 2026Last updated July 26, 2026
1. AGREEMENT TO THESE TERMS
These Terms of Service ("Terms") are a legally binding agreement between you and Fertile Crescent Technologies LLC, doing business as 37 Cubed ("37 Cubed," "we," "us," or "our"). They govern your access to and use of the 37 Cubed website, web application, mobile applications, software, artificial intelligence features, subscriptions, communications, and related services (collectively, the "Services").
By creating an account, clicking an acceptance button, purchasing a plan or access pass, downloading or using a 37 Cubed application, or otherwise accessing the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not access or use the Services.
If you use the Services on behalf of a company, school, nonprofit, government agency, or other organization, you represent that you have authority to bind that organization. In that case, "you" includes both you and the organization, and the organization is responsible for activity under its account.
IMPORTANT: THESE TERMS INCLUDE AUTOMATIC-RENEWAL TERMS, DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, A NEVADA GOVERNING-LAW PROVISION, AND RULES GOVERNING DISPUTES. PLEASE READ THEM CAREFULLY.
2. ELIGIBILITY AND AGE REQUIREMENTS
You must be at least 13 years old, or the minimum age required in your country to consent to online services, to use 37 Cubed. If you are under 18, you may use the Services only with permission from a parent or legal guardian who agrees to be responsible for your use.
You may not use the Services if you are legally prohibited from receiving them, if your account has previously been terminated for serious or repeated violations, or if your use would violate applicable sanctions, export-control laws, or other legal restrictions.
The Services are intended for general-purpose productivity and creative assistance. They are not directed to children under 13, and we do not knowingly permit children under 13 to create accounts.
3. THE 37 CUBED SERVICES
37 Cubed is a cloud-based artificial intelligence platform that may help users with writing, research, analysis, coding, review, document work, creative tasks, webpage processing, file processing, and coordinated or multi-model AI workflows. The Services may allow you to choose a model, allow 37 Cubed to recommend or route a request, or send work through multiple models for drafting, comparison, critique, review, or revision.
Features, providers, models, plan names, usage limits, prices, supported devices, and availability may change. A feature shown in testing, beta, preview, marketing, documentation, or a waitlist is not guaranteed to become generally available.
37 Cubed does not own or control the underlying third-party AI models. Model availability may depend on external providers, routing services, technical capacity, law, safety restrictions, pricing, and regional availability.
4. ACCOUNTS, AUTHENTICATION, AND SECURITY
You may need an account to use some or all of the Services. You agree to provide accurate, current information and keep it updated. You are responsible for safeguarding your login credentials and for all activity that occurs through your account, except to the extent caused by our failure to use reasonable security measures.
You must not:
- Share credentials in a manner that defeats plan limits, account security, or authorized-user restrictions;
- Allow another person to impersonate you or use your account for unlawful activity;
- Create accounts through bots, false identities, stolen information, or deceptive means;
- Attempt to access another user's account, conversations, projects, files, billing information, or administrative tools; or
- Circumvent authentication, security, usage enforcement, payment controls, or technical restrictions.
Notify us promptly at support@37cubed.ai if you believe your account has been compromised. We may require reauthentication, password reset, email verification, or other reasonable security measures.
5. LIMITED LICENSE TO USE THE SERVICES
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal purposes or your organization's lawful internal business purposes during the period in which you are authorized to use them.
The Services are licensed, not sold. Except as allowed by law or an applicable open-source license, you may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, disassemble, derive source code from, or create competing derivative services from any protected part of 37 Cubed.
You may not use automated methods to scrape the Services, extract model responses at scale, benchmark the Services for publication without reasonable context and permission, resell access, operate an unauthorized service bureau, or use the Services to build or train a competing general-purpose model unless we expressly agree in writing.
6. USER CONTENT AND YOUR RESPONSIBILITIES
"User Content" means prompts, instructions, messages, code, text, documents, spreadsheets, images, screenshots, URLs, captured webpage content, files, feedback, account information, and other materials that you submit, upload, transmit, save, or make available through the Services.
You retain any ownership rights you have in your User Content. You are responsible for User Content and for ensuring that you have all rights, permissions, and lawful bases needed to submit it for processing.
You grant 37 Cubed a worldwide, non-exclusive, royalty-free license to host, store, reproduce, format, transmit, display to you, process, and otherwise use User Content only as reasonably necessary to provide, secure, maintain, troubleshoot, support, and comply with law in connection with the Services. This license includes permission to send relevant User Content to third-party AI, cloud, authentication, payment, file-processing, and infrastructure providers.
We do not use customer prompts, uploaded files, conversations, or AI-generated responses to train 37 Cubed's own artificial intelligence models. We may use aggregated or de-identified information, usage metadata, and diagnostic information to improve reliability, security, product design, and business operations.
You represent and warrant that:
- Your User Content and use of the Services comply with law and these Terms;
- You have the right to submit and authorize processing of the User Content;
- Your User Content does not knowingly infringe, misappropriate, or violate another person's rights; and
- You will not submit information that you are prohibited from disclosing or that requires safeguards the Services do not provide.
7. AI PROCESSING, PROVIDERS, AND OUTPUTS
7.1 Third-Party AI Processing
To generate an answer, 37 Cubed transmits the content reasonably necessary for the selected task to the applicable AI model provider or routing provider. Depending on the workflow, content may be processed by more than one model. Providers may include OpenAI, Anthropic, OpenRouter, Moonshot AI or Kimi, and other providers made available through the Services.
Each provider controls its own infrastructure and may process or temporarily retain content for service delivery, safety, abuse monitoring, legal compliance, and other purposes described in its terms and privacy documentation. Provider practices may differ by model, endpoint, region, routing path, and account configuration.
7.2 Inputs and Outputs
Your prompts and other submitted materials are "Inputs." Content generated by the Services in response is "Output." As between you and 37 Cubed, you retain your rights in Inputs. Subject to applicable law and third-party rights, 37 Cubed assigns to you any rights it may have in Output generated specifically for you.
AI-generated material may not qualify for copyright or other intellectual-property protection. Output may not be unique, and another user may receive the same or similar material. These Terms do not give you rights in third-party content, trademarks, copyrighted material, personal information, or other protected elements that may appear in Output.
7.3 Accuracy and Human Review
AI Output can be inaccurate, incomplete, biased, offensive, outdated, fabricated, insecure, or unsuitable. Models may misunderstand instructions, cite sources that do not exist, produce flawed code, or omit important information. You must independently evaluate Output before using, publishing, deploying, sharing, or relying on it.
You are solely responsible for decisions, actions, code deployments, publications, filings, purchases, communications, and other uses based on Output. Use qualified human review for medical, legal, financial, tax, employment, education, safety, cybersecurity, or other high-impact matters.
7.4 Model Selection and Routing
A model label, recommendation, comparison, score, or routing decision is provided for convenience and does not guarantee that a particular model is best, available, current, unbiased, secure, or suitable for your task. We may replace, reroute, rename, pause, or retire models when reasonably necessary.
8. ACCEPTABLE USE
You must use the Services lawfully, safely, and in a manner that does not harm others, interfere with the Services, or expose 37 Cubed or its providers to unreasonable legal, security, or operational risk.
You may not use the Services to:
- Violate law, court orders, sanctions, export controls, or another person's rights;
- Exploit, sexualize, groom, endanger, or abuse children or create child sexual abuse material;
- Facilitate terrorism, violent extremism, credible threats, targeted violence, trafficking, or other serious harm;
- Create, distribute, or assist malware, credential theft, phishing, ransomware, destructive code, unauthorized intrusion, or evasion of security controls;
- Commit fraud, impersonation, identity theft, deceptive manipulation, spam, harassment, stalking, blackmail, or unlawful surveillance;
- Generate or distribute content that unlawfully infringes intellectual-property, privacy, publicity, confidentiality, or contractual rights;
- Collect, infer, expose, sell, or misuse personal information without a lawful basis;
- Make decisions about a person's employment, housing, credit, insurance, education, medical treatment, legal rights, or other significant interests without legally required safeguards and qualified human review;
- Circumvent plan limits, usage accounting, provider restrictions, payment systems, access controls, rate limits, or safety protections;
- Interfere with, overload, damage, reverse engineer, probe, scan, or test the vulnerability of the Services without written authorization;
- Use the Services, Output, or provider access for unauthorized resale, account sharing, automated extraction, or competitive model training; or
- Encourage or assist another person to do any of the above.
We may apply additional restrictions required by an AI provider, app store, payment processor, law, or safety policy. Where provider rules conflict, we may enforce the rule necessary to keep the affected service available and lawful.
9. SENSITIVE, REGULATED, AND HIGH-RISK INFORMATION
37 Cubed is a general-purpose AI service. It is not a HIPAA-compliant medical-record system, bank, money transmitter, financial custodian, emergency service, legal document vault, or repository for government-classified or export-controlled information.
Do not submit or store through 37 Cubed unless a specific feature and written agreement expressly support it:
- Passwords, private keys, seed phrases, authentication secrets, or active security credentials;
- Complete payment-card, bank-account, or tax-identification information;
- Social Security numbers or similar government identifiers;
- Protected health information requiring a HIPAA-compliant environment;
- Government-classified, controlled-unclassified, export-controlled, or legally restricted information;
- Confidential information you are not authorized to disclose; or
- Personal information about another person without a lawful basis and appropriate notice.
The Services are not designed to call emergency services or provide crisis intervention. In an emergency, contact the appropriate local emergency service or qualified professional.
10. PLANS, ENTITLEMENTS, AND USAGE LIMITS
The Services may include free access, paid subscriptions, organization plans, limited-time access passes, model-specific allowances, workflow-specific limits, promotional credits, rewarded access, trials, and other entitlements. The features and limits associated with each offering are described at purchase, in the application, or on the pricing page.
Usage may be measured by requests, model, tokens, provider cost, feature, workflow, file processing, time period, or another reasonable server-side method. Some workflows may use more than one model and therefore consume more usage than a single-model request.
Our server-side usage ledger and billing records are authoritative. User-interface percentages and estimates may be rounded, delayed, or adjusted after the provider reports actual usage. We may correct errors, reverse improper charges, settle reservations, refund failed usage where appropriate, and address abuse or duplicate accounting.
Unused allowances generally do not roll over unless the applicable offer says otherwise. Limits may reset daily, weekly, monthly, annually, after a stated period, or after first use. We may reasonably change limits to reflect provider availability, cost, abuse, or product design, but we will not retroactively charge you a higher monetary price for a completed purchase.
Promotional, earned, rewarded, trial, or goodwill credits have no cash value, are nontransferable, may expire, may be limited to certain models or features, and may be revoked if obtained through fraud, automation, duplicate accounts, chargeback abuse, or violation of these Terms.
11. SUBSCRIPTIONS AND AUTOMATIC RENEWAL
11.1 Recurring Subscriptions
Paid plans may be offered on a recurring basis. Before purchase, the checkout screen will identify the price, currency, billing interval, taxes if applicable, included features, and whether the subscription automatically renews.
UNLESS YOU CANCEL BEFORE THE END OF THE CURRENT BILLING PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND THE APPLICABLE PAYMENT PROVIDER MAY CHARGE THE THEN-CURRENT PRICE AND APPLICABLE TAXES TO YOUR PAYMENT METHOD.
You authorize 37 Cubed and its payment provider to store the payment authorization or payment-method token and submit recurring charges until cancellation. We do not ordinarily receive or store your complete card number.
11.2 Trials and Introductory Offers
A free trial or introductory offer may convert to a paid subscription at the price disclosed when you enroll. To avoid a charge, cancel through the stated cancellation method before the trial or introductory period ends. Eligibility may be limited to new users, one offer per person or payment method, or other disclosed conditions.
11.3 Price Changes
We may change subscription prices. For an existing recurring subscription, a price change will apply no earlier than the next renewal after any notice required by law or the payment platform. If you do not agree to the new price, cancel before it takes effect.
11.4 Failed Payments and Taxes
You are responsible for applicable taxes, except taxes based on our net income. If a payment fails, we or the payment provider may retry the payment, request an updated method, restrict paid features, or suspend the subscription. You remain responsible for authorized charges incurred before cancellation.
12. ONE-TIME PURCHASES, ACCESS PASSES, AND CREDITS
The Services may offer one-time purchases or time-limited access passes, including offerings such as Power Day. Unless the checkout page expressly states otherwise, an access pass is non-renewing, begins at purchase or activation, expires at the stated time, and does not convert into a subscription.
Unused time, usage, or benefits from an access pass do not roll over, have no cash value, and are not transferable. A pass may be restricted to a particular account, model, feature, region, device, or period.
Purchased usage credits, if offered, are a limited contractual right to access eligible Services and are not money, stored value, property, cryptocurrency, or a transferable financial instrument. Credits cannot be redeemed for cash except where required by law.
13. CANCELLATION
You may cancel a web subscription through Settings, the Billing area, or the Stripe Customer Portal when available. You must cancel an Apple App Store or Google Play subscription through the applicable store account or device settings.
Cancellation stops future renewals but ordinarily does not immediately terminate access. Unless otherwise disclosed, you may continue using paid features until the end of the already-paid billing period.
Deleting the 37 Cubed application, stopping use, or deleting an account does not necessarily cancel a subscription. Cancel recurring billing before deleting your account. If an account-deletion flow expressly confirms that a subscription was canceled, you may rely on that confirmation.
We may cancel or discontinue a plan. If we terminate a prepaid paid service for reasons unrelated to your breach, fraud, chargeback, or unlawful activity, we will provide any refund or credit required by law and may provide a prorated refund at our discretion.
14. REFUNDS AND BILLING DISPUTES
Except where required by law, stated at checkout, or provided under our posted Refund and Cancellation Policy, payments are nonrefundable. We generally do not provide refunds or credits for partial billing periods, unused subscription time, unused allowances, expired passes, unused promotional credits, dissatisfaction with a particular AI response, or failure to cancel before renewal.
We may provide a refund or correction for a confirmed duplicate charge, billing error, unauthorized charge for which you are not responsible, or other circumstance required by law. Contact support@37cubed.ai promptly and, when possible, within 30 days of the charge so we can investigate.
Purchases made through Apple or Google are subject to the store's billing, cancellation, and refund procedures. 37 Cubed may be unable to issue a direct refund for a transaction controlled by an app store.
Before initiating a chargeback, please contact us so we can investigate. A chargeback does not eliminate legitimate amounts owed. We may restrict an account while a payment dispute, fraud review, or chargeback is pending, but nothing in these Terms limits your nonwaivable consumer rights.
15. THIRD-PARTY SERVICES, LINKS, AND INTEGRATIONS
The Services depend on third parties, which may include AI providers, routing providers, Google Firebase and Google Cloud, Vercel, Stripe, Apple, Google Play, authentication providers, analytics providers, email providers, file processors, webpage sources, and other infrastructure or integration partners.
Third-party services are governed by their own terms and privacy policies. We do not control and are not responsible for their availability, accuracy, content, security, retention, or legal compliance. A link, integration, or model listing does not mean we endorse every third-party statement, output, or practice.
You must comply with applicable third-party terms, including your internet, wireless-data, device, app-store, payment-provider, and connected-service agreements.
16. 37 CUBED INTELLECTUAL PROPERTY
The Services, including the 37 Cubed name, logos, interface, design, software, source code, object code, workflows, prompts created by us, documentation, graphics, databases, selection and arrangement, and other materials supplied by us are owned by Fertile Crescent Technologies LLC or its licensors and are protected by intellectual-property and other laws.
Except for the limited license in these Terms, no right, title, or interest in the Services is transferred to you. You may not remove proprietary notices or use our trademarks, trade dress, logos, or confusingly similar branding without prior written permission.
Open-source software and third-party components remain subject to their applicable licenses. If an open-source license conflicts with these Terms for a particular component, the open-source license controls for that component.
17. FEEDBACK
If you submit ideas, suggestions, evaluations, ratings, bug reports, feature requests, or other feedback, you grant us a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free right to use, reproduce, modify, publish, distribute, and commercialize the feedback without compensation or restriction.
This feedback license does not give us ownership of your unrelated User Content and does not permit us to publicly identify you without permission, except as allowed by the Privacy Policy.
18. PRIVACY, RETENTION, AND ACCOUNT DELETION
Our Privacy Policy explains how we collect, use, disclose, retain, and protect personal information. It is incorporated into these Terms by reference.
You may request account deletion through an in-app deletion control where available, by visiting https://37cubed.ai/delete-account, or by emailing support@37cubed.ai. We generally complete verified deletion requests within 30 days, subject to lawful retention needs.
Deletion may remove account profile information, conversations, saved projects, uploaded files, and other User Content under our control. Some billing, transaction, usage-ledger, security, fraud-prevention, tax, audit, dispute, and legal records may be retained as permitted or required by law. Residual copies may remain in backups until routine rotation.
Account deletion is generally irreversible. Export any information you wish to keep and cancel recurring subscriptions before requesting deletion. Third-party providers may retain information under their own policies and legal obligations.
19. SERVICE AVAILABILITY, CHANGES, AND BETA FEATURES
We aim to provide reliable Services but do not guarantee uninterrupted or error-free operation. The Services may be unavailable because of maintenance, provider outages, capacity limits, security events, internet failures, legal restrictions, app-store action, or circumstances beyond our reasonable control.
We may add, modify, restrict, pause, or discontinue a feature, provider, model, workflow, plan, or application. We will provide notice when legally required and will attempt to avoid materially reducing a prepaid service without a reasonable substitute, credit, or refund when appropriate.
Beta, preview, experimental, early-access, or Code Beta features may be incomplete, unstable, insecure, or changed without notice. Do not use beta features for production-critical, safety-critical, or regulated work unless you have independently tested them and accepted the risk.
You are responsible for maintaining backups of important User Content and Output. The Services are not a guaranteed archival or backup system.
20. SUSPENSION AND TERMINATION
20.1 Suspension by 37 Cubed
We may restrict, suspend, or terminate access if we reasonably believe that you violated these Terms; created security, legal, payment, provider, or abuse risk; used the Services fraudulently; failed to pay authorized charges; exposed another person to harm; or if suspension is required by law, an app store, a provider, or a court order.
Where practical and lawful, we may provide notice and an opportunity to cure or appeal. We may act immediately when necessary to protect users, systems, providers, payment integrity, evidence, or legal rights.
20.2 Termination by You
You may stop using the Services at any time. You may cancel a subscription and request account deletion as described above. Fees already paid remain subject to the Refund and Cancellation Policy.
20.3 Effect of Termination
Upon termination, your right to use the affected Services ends. We may delete or restrict access to User Content subject to the Privacy Policy, lawful retention, and any reasonable export period we choose to provide. Provisions that by their nature should survive will survive, including ownership, payment obligations, disclaimers, limitations of liability, indemnification, dispute provisions, and general terms.
21. DISCLAIMERS OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." 37 CUBED AND ITS AFFILIATES, LICENSORS, PROVIDERS, AND SERVICE PARTNERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AVAILABILITY, SECURITY, AND COURSE OF DEALING.
WE DO NOT WARRANT THAT THE SERVICES OR OUTPUT WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, COMPLETE, CURRENT, UNIQUE, NON-INFRINGING, OR SUITABLE FOR YOUR PURPOSE; THAT DEFECTS WILL BE CORRECTED; THAT FILES OR CONVERSATIONS WILL NEVER BE LOST; OR THAT ANY MODEL, PROVIDER, FEATURE, PLAN, OR PRICE WILL REMAIN AVAILABLE.
No statement, score, recommendation, marketing material, documentation, or support response creates a warranty unless expressly stated in a written agreement signed by an authorized representative of 37 Cubed.
Some jurisdictions do not allow certain warranty disclaimers. In those jurisdictions, the disclaimers apply only to the maximum extent permitted, and you retain nonwaivable statutory rights.
22. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, 37 CUBED AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AI PROVIDERS, ROUTING PROVIDERS, AND SERVICE PARTNERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR OPPORTUNITY; COST OF SUBSTITUTE SERVICES; OR DAMAGES ARISING FROM RELIANCE ON AI OUTPUT, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF 37 CUBED FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO 37 CUBED FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) $100.
The limitations apply regardless of the legal theory and even if a remedy fails of its essential purpose. They do not limit liability that cannot lawfully be limited, such as certain liability for fraud, intentional misconduct, gross negligence, death, personal injury, or violation of nonwaivable consumer rights, depending on applicable law.
You acknowledge that the pricing and availability of the Services reflect this allocation of risk.
23. INDEMNIFICATION
If you use the Services on behalf of a business or organization, you will defend, indemnify, and hold harmless Fertile Crescent Technologies LLC, its affiliates, officers, directors, employees, contractors, licensors, and service providers from third-party claims, damages, judgments, losses, liabilities, costs, and reasonable legal fees arising from: your User Content; your organization's use of the Services; your violation of these Terms or law; or your infringement, misappropriation, or violation of another person's rights.
For individual consumers, this indemnification obligation applies only to the extent permitted by applicable law and only to claims caused by your unlawful, fraudulent, intentionally harmful, or materially breaching conduct.
We may control the defense and settlement of an indemnified claim. You will reasonably cooperate and may not settle a claim in a manner that admits fault by, imposes obligations on, or fails to fully release an indemnified party without our written consent.
24. GOVERNING LAW AND DISPUTE RESOLUTION
24.1 Informal Resolution
Before filing a lawsuit, you and 37 Cubed agree to make a good-faith effort to resolve the dispute. A notice to 37 Cubed must be sent to support@37cubed.ai and must describe your name, account email, relevant facts, requested relief, and supporting documents. We may send notices to your account email. The receiving party will have 30 days to respond before either party files suit, unless urgent injunctive relief is reasonably necessary.
24.2 Governing Law and Courts
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Nevada, without regard to conflict-of-law rules. Subject to nonwaivable consumer rights, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Clark County, Nevada.
If applicable consumer law gives you the right to bring a claim in your place of residence or applies mandatory local law, nothing in these Terms removes that right.
24.3 Individual Proceedings and Jury Waiver
TO THE EXTENT PERMITTED BY LAW, EACH PARTY AGREES TO BRING CLAIMS ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL.
24.4 Time Limit
To the extent permitted by law, a claim must be filed within one year after the event giving rise to it. This limitation does not apply where a longer period cannot lawfully be shortened.
24.5 Equitable Relief
Either party may seek temporary or injunctive relief to protect intellectual property, confidential information, account security, payment integrity, or systems without completing the informal process when delay would cause irreparable harm.
25. INTERNATIONAL USE, EXPORT CONTROLS, AND SANCTIONS
The Services are operated from the United States and may not be appropriate or available in every country. You are responsible for compliance with local law.
You represent that you are not located in a country or region subject to a comprehensive U.S. Government embargo or designated by the U.S. Government as supporting terrorism, and that you are not listed on a U.S. Government prohibited or restricted-party list.
You may not export, re-export, transfer, provide, or use the Services, software, technical information, or Output in violation of U.S. or other applicable export-control or sanctions laws.
26. APP STORE AND MOBILE-PLATFORM TERMS
26.1 Purchases Through an App Store
If you obtain or purchase the Services through Apple's App Store or Google Play, the applicable store may process payment, renewal, cancellation, tax, and refunds. The store's terms and account settings govern those functions where they control the transaction.
26.2 Apple Applications
For a 37 Cubed application distributed through Apple, these Terms are between you and Fertile Crescent Technologies LLC, not Apple. Unless 37 Cubed provides a custom end-user license agreement through App Store Connect, Apple's Standard Licensed Application End User License Agreement governs the license to the application, while these Terms govern your 37 Cubed account, cloud Services, subscriptions, User Content, and use of AI features.
Apple is not responsible for the 37 Cubed application or its content and has no obligation to provide maintenance or support. To the extent required by Apple's applicable terms, Apple may provide remedies for an App Store purchase, and Fertile Crescent Technologies LLC remains responsible for claims relating to the application, including product, legal-compliance, consumer-protection, privacy, and intellectual-property claims.
Apple and its subsidiaries are intended third-party beneficiaries of the Apple-specific provisions in these Terms and may enforce those provisions. Your use must comply with Apple's applicable usage rules and third-party terms.
26.3 Google Play Applications
For a 37 Cubed application distributed through Google Play, Google is not responsible for operating or supporting the 37 Cubed Services. Google Play billing and refund procedures apply to purchases processed by Google. Your use must comply with Google Play terms and applicable device, network, and third-party agreements.
27. CHANGES TO THESE TERMS
We may update these Terms to reflect changes in the Services, providers, laws, pricing practices, security requirements, or business operations. We will post the revised Terms at https://37cubed.ai/terms and update the "Last Updated" date.
If a change materially affects your rights or recurring paid service, we may provide additional notice through the Services, by email, at checkout, or by another reasonable method before the change takes effect where required.
Your continued use after the effective date of revised Terms means you accept the revised Terms for future use. If you do not agree, stop using the Services and cancel recurring subscriptions before the next renewal.
28. GENERAL TERMS
28.1 Entire Agreement and Order of Precedence
These Terms, the Privacy Policy, the Refund and Cancellation Policy, and any plan, checkout, enterprise, organization, beta, or feature-specific terms presented to you form the entire agreement regarding the Services. If there is a conflict, a signed enterprise or organization agreement controls for that customer; then specific checkout or feature terms; then these Terms; then general documentation.
28.2 Assignment
You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, corporate restructuring, or transfer of the Services, subject to applicable law.
28.3 Severability
If a provision is found unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in effect.
28.4 Waiver
A failure to enforce a provision is not a waiver. A waiver is effective only if in writing and signed by the party granting it.
28.5 No Agency or Third-Party Beneficiaries
These Terms do not create an employment, agency, partnership, joint venture, fiduciary, or franchise relationship. Except for Apple and its subsidiaries as expressly stated in Section 26, there are no third-party beneficiaries.
28.6 Force Majeure
We are not liable for delay or failure caused by events beyond our reasonable control, including provider outages, internet or utility failure, natural disaster, war, terrorism, labor dispute, government action, epidemic, cyberattack, or app-store action.
28.7 Electronic Communications
You agree that we may provide agreements, disclosures, notices, receipts, and other communications electronically, including by email, in-app message, account notice, or website posting. You are responsible for keeping your email address current.
28.8 Headings and Interpretation
Headings are for convenience only. "Including" means "including without limitation." Singular terms include the plural where appropriate. These Terms will not be interpreted against a party merely because that party drafted them.
29. CONTACT INFORMATION
Questions, complaints, legal notices, billing concerns, and support requests may be directed to:
Fertile Crescent Technologies LLCDoing business as 37 Cubed3225 McLeod Drive, Suite 100Las Vegas, Nevada 89121United StatesEmail: support@37cubed.aiWebsite: https://37cubed.aiTerms: https://37cubed.ai/termsPrivacy: https://37cubed.ai/privacyRefunds: https://37cubed.ai/refundsAccount deletion: https://37cubed.ai/delete-account