Cubre Application Terms of Service (version 2026-09-14)

This version has been superseded. It was published 2026-09-14 and replaced for new acceptances on 2026-09-22. It is kept so anyone who accepted it can read exactly what they agreed to. The current version is the Application Terms of Service. Every version is listed in the version index.

Version 2026-09-14. These Terms govern your use of the Cubre application. They are a different document from the Website Terms of Use, which cover only the marketing website.

These Terms are between Cubre Inc., a Colorado corporation with its principal office at 1209 Intrepid Dr, Fort Collins, CO 80526 (“Cubre,” “we,” “us”), and the business that creates an account (“Customer,” “you”). Together with the Privacy Policy, the Data Processing Addendum, the Fee Schedule, and the Refund, Dispute & Cancellation Policy — each incorporated by reference — they are the entire agreement between us about the application.

1. Accepting these Terms

By ticking the acceptance box at signup, or by using the application, you agree to these Terms. If you are agreeing on behalf of a business, you represent that you are authorized to bind it, and “you” means that business — not you personally.

We record the version of these Terms you accepted, the time, and the IP address it came from. The version you accepted governs until a change takes effect under §20.

You must be able to form a binding contract and must not be barred from using the application under applicable law.

2. Definitions

• Application — the Cubre software service, including its web application, public document links, customer portal, PDFs, and APIs.
• Authorized User — a person you permit to access the Application under your account.
• Customer Data — everything you or your Authorized Users put into the Application, and everything the Application generates from it: your customers’ names and contact details, addresses, job records, estimates, invoices, photographs, documents, and signatures.
• End Customer — your customer. The homeowner or property owner you are doing work for.
• Fee Schedule — the pricing page at /legal/pricing.

3. The Application

We grant you a non-exclusive, non-transferable right to access and use the Application during the term, for your own business purposes, subject to these Terms.

You are responsible for your Authorized Users’ acts and omissions as if they were your own. Each Authorized User must have their own credentials; credentials must not be shared.

We may change, add to, or remove features. If we remove a feature you materially rely on, you may terminate under §16.2 and we will refund prepaid fees for the unused remainder of your term, as described in the Refund Policy.

4. Your account

You are responsible for the security of your account: keeping credentials confidential, enabling and maintaining any two-factor authentication you require, and promptly telling us at support@cubre.app if you believe an account has been compromised.

Authentication messages — login codes and similar — are sent to you regardless of any marketing opt-out, because they are necessary to operate the account. See §9.4.

5. Fees for the Application

5.1 The obligation

You agree to pay the fees for your plan as set out in the Fee Schedule, which is incorporated into these Terms. The Fee Schedule states the current price for each band, the band definitions, and the effective date of each price.

5.2 Bands

Your plan band is determined by your business’s annual revenue, which you report to us. Every band includes unlimited Authorized Users.

Bands are assessed annually, in arrears, on the revenue you report. If your revenue crosses into a higher band, you keep your existing price for a full year before the new band price applies. You agree to report your annual revenue accurately and promptly when asked. If you materially misreport it, we may re-band you retroactively to the date the correct band would have applied and invoice the difference.

5.3 The introductory free period

Fees for the first three (3) months after your account is created are waived.

The waiver is a waiver of a fee obligation that exists under §5.1 — it is not an agreement that the Application is provided free of charge. Waiving a fee in one period does not waive any other fee, or our right to charge in any later period.

During the free period: any service-level commitments do not apply, and the liability cap in §18 applies at its stated floor.

5.4 Changes to fees

We may change the Fee Schedule. For any increase to the price of your band, we will give you at least sixty (60) days’ notice by email and in the Application, and the increase takes effect at the start of your next billing period. You may terminate under §16.2 at any time before it takes effect, with no early-termination charge. Decreases may take effect immediately.

We will not increase your price during a period you have already paid for.

5.5 Taxes

Fees are exclusive of taxes. You are responsible for sales, use, and similar taxes on your subscription, except taxes on our income. Where we are required to collect a tax, we will add it to your invoice. If you are exempt, give us valid exemption documentation and we will not charge it going forward.

5.6 Late payment and suspension

If a fee is more than ten (10) days past due, we may suspend your access after giving you notice and a reasonable opportunity to cure.

Suspension does not delete your data. While suspended, you keep the ability to export your Customer Data. If a fee remains unpaid thirty (30) days after suspension, we may terminate under §16.3.

5.7 Refunds

Refunds are governed by the Refund, Dispute & Cancellation Policy, which is part of this agreement. Where that policy and these Terms differ on a refund question, that policy controls.

6. Payments you collect from your End Customers

6.1 What the Application does

The Application lets you invoice your End Customers and accept card and bank (ACH) payments. Payment processing is performed by Stripe. Before accepting payments you must create a Stripe connected account and accept the Stripe Connected Account Agreement directly with Stripe. Stripe performs its own identity and business verification, and Stripe — not Cubre — determines payout timing, holds, reserves, and whether your account may continue to accept payments.

Cubre is not a bank. We do not hold your funds on deposit and we do not decide when your money moves.

6.2 Our fee on collected payments

We charge a fee for collecting a payment through the Application (the “Cubre fee”):

You authorize us to deduct these amounts from the funds for the relevant payment as they settle, before they reach your connected account. We (or, until our payment platform account migration is complete, an affiliate acting solely as our collection agent) may collect through the payment platform account. Cubre Inc. remains your sole counterparty for every obligation under these Terms, including refunds and fee disputes.

If you refund a payment, your End Customer is made whole — including any surcharge they paid. The Cubre fee on the original payment is not returned. This is stated the same way in the Refund Policy §2a.

The dispute fee is returned to you if you win the dispute.

6.3 Merchant of record, and who bears what

Depending on how a transaction is configured, Cubre may be treated as the merchant of record for card-network purposes on some or all payments you collect.

Regardless of that designation, as between you and Cubre, you are solely responsible for everything about the goods and services you sell: what you agreed to do, your pricing, your taxes, your workmanship and warranties, your refunds, and the outcome of any dispute or chargeback. You indemnify us for claims arising from them under §19.1.

6.4 Chargebacks and negative balances

If a payment is disputed, the disputed amount and the dispute fee are recovered from your connected account balance. If your balance is insufficient, you will pay us the shortfall on demand, and we may set it off against amounts otherwise payable to you.

6.5 Surcharging

If you choose to pass card processing costs to your End Customers, the Application will compute and cap a surcharge and render the required disclosure.

You elect the surcharge, you declare the state your business operates in, and you represent that the declaration is accurate. Our caps and state rules are assistance, not a compliance opinion, and we do not warrant they are current in every jurisdiction. Card-network rules on surcharging — including notice requirements that may apply to a platform — are unsettled as applied to a service like ours, and you accept the surcharge feature on that basis. You are responsible for your compliance with card-network rules and with state surcharge law.

7. Customer Data

You own your Customer Data. We claim no ownership of it.

You grant us a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process Customer Data solely to provide the Application to you and as described in the Privacy Policy and DPA. The license ends when the data is deleted.

We do not use Customer Data to train machine-learning models, and we do not permit our subprocessors to do so.

You represent and warrant that you have all rights, permissions, and consents necessary to put Customer Data into the Application and to authorize us to process it — including personal information about your End Customers and their properties.

For personal information, the Data Processing Addendum applies. Where the DPA and these Terms conflict on the handling of personal information, the DPA controls.

8. Your End Customers

The Application shows information to your End Customers — public estimate, invoice and form links, a customer portal, PDFs, and messages sent on your behalf.

• Your relationship with your End Customer is yours. We are not a party to it, and nothing in these Terms makes us one or creates a third-party beneficiary.
• You are responsible for giving your End Customers your own privacy notice and any other legally required disclosure.
• You must not represent that Cubre has a direct relationship with your End Customers, or that we are responsible for your work.
• We may display a minimal identification of Cubre as the operator of those surfaces, and a link to our privacy notice.

9. Messages sent through the Application

This section is the most important set of promises you make, because the consequences of getting it wrong fall on you and on us.

9.1 Who is the sender

When the Application sends an email or text message to your End Customer, you are the sender. The message identifies your business. We transmit it for you.

9.2 Your covenants

You covenant that you will:

a. Obtain and retain prior express consent for every phone number and email address you put into the Application — and prior express written consent where the message is promotional or advertising. This includes numbers and addresses you import in bulk. b. Keep your legal business name and a valid physical postal address current in the Application, so they can appear on the messages you send. c. Not put promotional content into a transactional message or template. Templates are yours to edit; a transactional template carrying an advertisement is an advertisement. d. Register for A2P 10DLC where you connect your own messaging provider, or cooperate with our registration where you use ours — including giving us accurate business information and evidence of opt-in. e. Honor revocations you receive outside the Application. If someone tells you by phone, in person, or in writing to stop contacting them, record it in the Application. We cannot see what we are not told. f. Not send messages outside 8:00 a.m. to 9:00 p.m. in your recipient’s local time. The Application does not currently enforce this window. It is your responsibility. g. Not re-import, re-add, or otherwise attempt to circumvent an opt-out.

9.3 What we do

We honor STOP received at a number we sent to, and we will not send that number further messages for your account. Today we recognize STOP, START, and HELP; we do not represent that we recognize every opt-out keyword a carrier may pass through, and your obligations under §9.2 do not depend on what we recognize.

An opt-out recorded in the Application applies to your account only. Another business using Cubre is a different sender with its own consent relationship. We do not maintain a platform-wide suppression list, and you should not assume that a number which opted out of another business’s messages is unreachable for yours, or the reverse.

We may suspend your ability to send messages immediately — without the notice period in §16 — if we receive a carrier complaint, see a spam-rate or opt-out-rate threshold breached, or reasonably suspect messages are being sent without consent. Our sending reputation is shared among all customers.

9.4 Authentication messages

Login and verification codes are sent regardless of marketing opt-out status, because they are necessary to operate the account and are requested by the recipient seconds before they are sent.

9.5 Indemnity

You indemnify us under §19.1 for claims arising from messages sent through your account, including claims under the Telephone Consumer Protection Act, state mini-TCPA statutes, and the CAN-SPAM Act. These statutes carry per-message penalties and support class actions. This is not a theoretical risk and you should treat §9.2 as a live operational obligation.

10. Electronic signatures

The Application can collect electronic signatures on documents you issue.

• You are responsible for the legal sufficiency of every document you issue for signature, including whether it contains the terms your jurisdiction requires.
• Where the signer is a consumer and the law requires a written record, you are responsible for obtaining that person’s consent to receive records electronically under the federal ESIGN Act and any state equivalent, and for giving the disclosures that consent requires.
• If you perform residential roofing work in Colorado, you are responsible for compliance with C.R.S. Article 6-22, including the written-contract requirements, the rescission right when an insurer denies a claim, and — specifically — the prohibition on paying, waiving, rebating, or offering to pay or waive an insurance deductible. You must not use the Application to make such an offer.
• We retain the executed record and its audit trail for as long as your account is active, and make it available for export. Retention after termination is governed by §16.4.
• An End Customer accepting an estimate in the Application records their acceptance of the figures shown. It is not, by itself, the written contract for the work, and you should not rely on it as one.

11. Acceptable use

You must not: use the Application unlawfully; infringe anyone’s rights; upload malware; interfere with or probe the service or its infrastructure; attempt to access another customer’s data; reverse engineer the Application except where that restriction is unenforceable; resell or provide the Application as a service to a third party without our written agreement; or use it to send messages you do not have consent to send.

12. Third parties and subprocessors

The Application depends on third-party services. The current list of subprocessors — what each one receives and why — is published in the Privacy Policy and maintained as part of the DPA. We will give notice before adding a subprocessor that processes personal information, as described in the DPA.

Some features send content you provide to a third-party AI provider to produce a result — for example, suggesting how to map the columns of a spreadsheet you import, or reading an uploaded document. That content is not used to train the provider’s models. The Privacy Policy identifies the provider and what is sent.

Third-party services are governed by their own terms. We are not responsible for their acts or omissions, though we remain responsible to you for our own obligations under §7 and the DPA.

13. Confidentiality

Each of us may receive information the other treats as confidential. Each will use the other’s confidential information only to perform under these Terms, protect it with at least reasonable care, and not disclose it except to people who need it and are bound to protect it.

This does not apply to information that is public through no fault of the receiver, was already known, is independently developed, or is lawfully received from someone else. Disclosure required by law is permitted, with notice where legally allowed.

14. Intellectual property and feedback

We own the Application and everything in it other than Customer Data — software, designs, templates we supply, documentation, and our trademarks. You get no rights in it except the use rights in §3.

If you give us feedback or suggestions, we may use them without restriction or obligation to you. This does not give us any right in your Customer Data or confidential information.

15. Not professional advice

The Application produces estimates, invoices, tax figures, job-cost reports, ledgers, and similar outputs from data you supply and settings you choose.

These are not accounting, tax, or legal advice. Sales-tax figures in particular depend on rates, jurisdictions, and exemption rules that change and that we do not warrant are current or complete for your situation. You are responsible for reviewing anything you file, send, or rely on, and for engaging your own professionals.

16. Term, suspension, and termination

16.1 Term. These Terms begin when you accept them and continue until terminated.

16.2 Your termination. You may terminate at any time, for any reason, through the Application or by writing to us. Cancellation and refund mechanics are in the Refund Policy.

16.3 Our termination. We may terminate: for your material breach not cured within thirty (30) days of notice; for non-payment under §5.6; immediately if required by law, by a payment-network rule, or by Stripe or any other payment processor we use; or immediately if your use presents a serious risk to the Application, to another customer, or to our ability to provide the service.

16.4 Your data when the agreement ends.

• You can export your Customer Data at any time while your account is active, including while suspended.
• If we terminate, we will keep your Customer Data available for export for thirty (30) days after termination, then delete it, unless the law requires us to keep it longer.
• If you delete your workspace yourself, that deletion is immediate and irreversible. It removes your Customer Data — including executed documents and signature records — and we cannot recover it. Export first.
• We may retain records we are legally required to keep — including consent and messaging records, and financial records — for the period the law requires, after which they are deleted. The DPA describes this.

16.5 Survival. Sections 5 (for amounts already owed), 6.2–6.4, 7, 8, 13, 14, 15, 17, 18, 19, 21 and 22 survive termination.

17. Warranties and disclaimers

We warrant that we will provide the Application with reasonable skill and care.

Otherwise, the Application is provided “as is.” To the fullest extent permitted by law we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Application will be uninterrupted or error-free, or that it will produce results that are accurate or complete for your purposes.

Some jurisdictions do not allow certain disclaimers; where that is so, this section applies to the maximum extent permitted.

18. Limitation of liability

Neither of us is liable to the other for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, even if advised of the possibility.

Each party’s total liability arising out of or relating to these Terms will not exceed the greater of (a) the fees you paid us in the twelve (12) months before the event giving rise to the claim, or (b) two thousand five hundred dollars ($2,500).

These limits do not apply to: your obligation to pay fees; either party’s indemnification obligations under §19; a party’s gross negligence, willful misconduct, or fraud; or any liability that cannot be limited by law.

If a limited remedy fails of its essential purpose, the limits above still apply to the extent permitted by law.

19. Indemnification

19.1 By you. You will defend and indemnify us against third-party claims arising from: (a) your breach of §7 (your rights in Customer Data), §9 (messages), §10 (signatures), or §11 (acceptable use); (b) the goods and services you sell to your End Customers, including workmanship, warranty, pricing, taxes, and chargebacks; (c) your violation of law; and (d) your Authorized Users’ acts or omissions.

This does not apply to the extent the claim is caused by our own breach of these Terms or by the Application failing to work as documented.

19.2 By us. We will defend and indemnify you against third-party claims that the Application, used as permitted, infringes a U.S. patent, copyright, or trademark. If such a claim is made, we may modify the Application, obtain a license, or terminate the affected functionality and refund prepaid fees for it. This does not apply to claims arising from Customer Data, your modifications, or use of the Application in combination with something we did not supply.

19.3 Mechanics. The indemnified party will give prompt notice, let the indemnifying party control the defense, and cooperate reasonably. The indemnifying party will not settle in a way that imposes an obligation or admission on the other without consent, not to be unreasonably withheld.

20. Changes to these Terms

We may change these Terms. For a material change, we will give at least thirty (30) days’ notice by email and in the Application, and the change takes effect at the end of that period. Fee increases follow §5.4’s sixty-day notice instead.

If you do not agree to a change, terminate under §16.2 before it takes effect. Continuing to use the Application after the effective date means you accept the change.

Each published version carries a version identifier. We keep superseded versions available at /legal/versions so you can see what you agreed to and when. The version your account records is shown there.

21. Disputes

21.1 Talk to us first. Before starting a formal proceeding, contact us at support@cubre.app with a description of the dispute. We will try in good faith to resolve it within thirty (30) days.

21.2 Arbitration. If we cannot, any dispute arising out of or relating to these Terms will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Denver, Colorado. Judgment on the award may be entered in any court of competent jurisdiction.

We will pay the arbitration filing and arbitrator fees for any claim you bring, other than one the arbitrator determines is frivolous.

21.3 Class waiver. Disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over a representative proceeding. If this paragraph is found unenforceable, §21.2 does not apply to that dispute and it proceeds in court under §21.5.

21.4 Small claims. Either of us may bring an individual claim in small-claims court instead of arbitration, if it qualifies.

21.5 Court. For disputes not subject to arbitration — including a request for an injunction to protect intellectual property or confidential information — the state and federal courts in Larimer County, Colorado have exclusive jurisdiction, and both of us consent to venue there.

21.6 Governing law. Colorado law governs, without regard to its conflict-of-laws rules. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

22. General

Assignment. You may not assign these Terms without our written consent, except to a successor of your business that is not our competitor and that assumes your obligations. We may assign to an affiliate or in connection with a merger or sale of substantially all our assets.

Independent contractors. Nothing here creates a partnership, joint venture, employment, or agency relationship.

Force majeure. Neither party is liable for failure to perform due to causes beyond reasonable control, other than the obligation to pay money.

Notices. We will give notice by email to your account address and in the Application. You give notice to support@cubre.app. Notice is effective when sent.

Severability. If a provision is unenforceable, it is modified to the minimum extent necessary to make it enforceable, or severed, and the rest stays in force.

No waiver. Not enforcing a provision is not a waiver of it.

Entire agreement. These Terms and the documents incorporated in the introduction are the entire agreement about the Application and supersede prior discussions. Terms on your purchase order or vendor portal do not apply.

Contact. Cubre Inc., 1209 Intrepid Dr, Fort Collins, CO 80526. support@cubre.app