CUBBLEY HEART ❤

Terms

Cubbley Heart Terms and Conditions of Use

Welcome to the Cubbley Heart Terms and Conditions of Use (the “Terms”). These Terms constitute a binding agreement between you and Cubbley Heart (referred to as “we,” “us,” or the “Company”) and govern your use of the Cubbley Heart website and mobile application (the “App”). By accessing, viewing, or using the App, you agree to comply with these Terms. We strongly encourage you to read through these Terms carefully before using the App, as your use of the App indicates your acceptance and agreement to be legally bound by them. 

Additionally, please review our Community Guidelines (which form part of these Terms) and Privacy Policy, as they provide important information about your rights and responsibilities when using the App.

If you subscribe to any services for a specified term (the “Initial Term”), your subscription will automatically renew for additional periods of the same duration at the then-current subscription rate, unless you cancel it in accordance with Section 6 below. It is your responsibility to manage and cancel subscriptions if you do not wish for them to renew automatically.

Please be aware that Section 13 of these Terms includes provisions that govern how disputes between you and Cubbley Heart will be resolved. In particular, it includes an arbitration agreement that requires most disputes to be resolved through binding arbitration, rather than through the court system. You have the option to opt out of the arbitration agreement as described in Section 13. If you do not opt out and proceed with arbitration, please note that:

  1. Any claims will be handled individually, not as part of a class action.
  2. You waive your right to pursue claims in court or seek a jury trial.

1. CUBBLEY HEART RULES

To use the Cubbley Heart App, you must first register for an account (your “Account”). To create an Account, you must meet the following requirements:

  • Be at least 18 years old or the age of majority in your country (whichever is greater) to legally enter into a contract; and
  • Be legally permitted to use the App under the laws of your home country.

Please be aware that we monitor for underage usage. If we have reason to believe that you may be underage, we reserve the right to terminate, suspend, or request verification of your Account.

You can register for an Account manually. For more information on how we collect, use, and store your data, please refer to our Privacy Policy.

You are responsible for ensuring that your Account is used solely by you. Sharing your Account with others or allowing someone else to use your Account without proper authorization is not permitted. You must ensure that your use of the App complies with these Terms.

While we hope you enjoy using Cubbley Heart, if you wish to leave the platform, you can delete your Account at any time. To do so, go to the ‘Profile’ section of the App while logged in and select the ‘Delete Account’ option. Your Account will be deleted immediately, but please note that it may take some time for your Content (as defined below) to be fully removed from the App. Your profile information will be handled according to our Privacy Policy. If you delete your Account and later attempt to create a new one using the same credentials, we may reactivate your previous Account.

We utilize a combination of automated systems, user reports, and a moderation team to monitor and review accounts and content to identify any violations of these Terms. At our sole discretion, we reserve the right to suspend or terminate any Account, restrict access to the App, or take any necessary operational, technological, or legal measures to enforce these Terms. This may include, but is not limited to, blocking specific IP addresses.

For all users, including those in Malaysia, we may take action against your Account or Content at any time without prior notice and without liability. In particular, we reserve the right to suspend or terminate your Account without notice for reasons such as:

  1. A violation of these Terms;
  2. Inappropriate or improper conduct on the App, including your interactions with other users (both online and offline);
  3. Inappropriate conduct on other platforms operated by our affiliates; or
  4. Any other reasons we determine, at our sole discretion, warrant account termination.

In the event that your Account is suspended or terminated, you acknowledge that no refund will be provided for any paid services or features you have already purchased.

If you believe we have made an error in taking action against your Account or Content, you have the right to appeal. You can submit an appeal within six months of the action being taken. Please refer to the relevant section of our Community Guidelines for guidance on the appeal process. If you still believe the decision was wrong, you can appeal by filling out the form provided in the notification sent to you within the App or by contacting us directly, providing as much detail as possible regarding your appeal.

You are strictly prohibited from accessing, tampering with, or using non-public areas of the App or our internal systems. Certain parts of the App may not be available to you unless you have successfully registered for an Account. 

2. TYPES OF CONTENT

On the Cubbley Heart App, there are three main categories of content you can access:

  1. Your Content – Content that you upload or provide to the App;
  2. Member Content – Content that other members of the App upload or share;
  3. Our Content – Content provided by Cubbley Heart (including, but not limited to, databases, software, and other proprietary content).

Prohibited Content

As part of maintaining a safe and respectful community, there are certain types of content that are not allowed on the App. Our Community Guidelines, which form part of these Terms, outline the types of content and conduct we deem acceptable. By using the App, you agree to follow these guidelines and acknowledge that they may be updated from time to time.

We encourage self-expression, but we must impose restrictions on content that:

  • Is illegal or promotes any illegal activities;
  • Is harmful to minors or may be exploitative;
  • Is defamatory, libellous, or violates any third-party rights (including intellectual property or privacy rights);
  • Contains images, videos, or other content created or shared without consent from the person(s) depicted;
  • Uses offensive language or imagery that could harass, upset, or annoy other users;
  • Is obscene, pornographic, violent, or degrading to human dignity;
  • Is abusive, insulting, discriminatory, or promotes hate, racism, sexism, or bigotry;
  • Relates to commercial activities (e.g., sales, promotions, advertising, or linking to external websites);
  • Involves “spam” or unsolicited communications;
  • Impersonates or deceives others (e.g., fraud, scams, or false representations);
  • Contains malicious code such as viruses, spyware, adware, worms, or any software designed to disrupt or damage the functionality of any systems or networks;
  • Violates any other part of our Community Guidelines.

Your Content

You are solely responsible for the content you upload or share (“Your Content”) on Cubbley Heart. By posting or uploading Your Content, you agree that it complies with our Community Guidelines. You are also responsible for ensuring that your content does not violate any laws or infringe upon the rights of others. You will indemnify and hold us harmless from any claims or legal actions arising from Your Content.

Additionally, Cubbley Heart does not permit the display of personal contact information (such as addresses, phone numbers, email addresses, or banking details) on your profile. If you choose to share personal details with other users, you do so at your own risk. We advise exercising caution when sharing any personal information with others online.

Since Cubbley Heart is a public platform, Your Content will be visible to other users globally. Therefore, you should be comfortable with others seeing the content you post. By uploading content, you confirm that you have the necessary rights and permissions to share it on Cubbley Heart, and you grant us a non-exclusive, royalty-free, perpetual, worldwide license to use, modify, distribute, and display Your Content in any manner. This includes the right to adapt, translate, or incorporate Your Content into other works, across any medium, format, or platform.

We may also sublicense or assign these rights to our affiliates and successors without requiring additional consent from you.

Cubbley Heart is not obligated to store Your Content, and we recommend that you make copies of any important content before uploading. To protect Your Content from unauthorized use, you authorize us to act on your behalf in case of infringement or unauthorized distribution by third parties. This includes the authority to send takedown notices if Your Content is misused by others outside of Cubbley Heart.

Member Content

Content shared by other users (referred to as “Member Content”) belongs to the respective user who posted it. We store this content on our servers and display it on the App according to the user’s instructions.

You do not have any ownership rights to Member Content. You are permitted to use Member Content only for the purpose of interacting with other users of Cubbley Heart. You may not use Member Content for commercial purposes, harassment, spamming, or any illegal activities. We reserve the right to suspend or terminate your Account if you misuse Member Content or violate these Terms.

In cases where you believe Member Content infringes your rights, please follow the procedures outlined in the Digital Millennium Copyright Act or the equivalent law applicable in Malaysia.

Our Content

Cubbley Heart retains ownership of all other content on the platform, including but not limited to text, graphics, user interfaces, logos, software, databases, and other intellectual property. All of Our Content is protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable license to access and use Our Content solely for personal, non-commercial use within the scope of the App. This license does not permit you to:

  • Use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;
  • Use our name, trademarks, or logos in meta tags, keywords, or hidden text;
  • Create derivative works from Our Content, scrape data, disable security features, decompile, or engage in any commercial exploitation of Our Content;
  • Use Our Content for unlawful purposes.

We reserve all rights not expressly granted to you under these Terms.

No Obligation to Pre-Screen Content

While Cubbley Heart does not assume an obligation to pre-screen or monitor Your Content or Member Content, we reserve the right to review, refuse, or remove any content that violates these Terms or our Community Guidelines. This includes content exchanged in direct messages or shared between users. We may take such action to maintain the safety and integrity of our platform.

Use of Recommender Systems

Cubbley Heart uses matching algorithms to assess your compatibility with other users and show you potential matches. These algorithms are designed to enhance your experience by suggesting compatible individuals based on the data and preferences you provide. For more information about how we use these systems, including the key parameters, please refer to our Privacy Policy.

3. RESTRICTIONS ON THE APP

You agree to:

  • Comply with all applicable laws, including but not limited to privacy laws, intellectual property laws, anti-spam laws, and other regulatory requirements, as well as the laws of Malaysia;
  • Use your real name and real age when creating your Cubbley Heart account and profile;
  • Use the services in a safe, inclusive, and respectful manner, and always adhere to our Community Guidelines.

You agree that you will not:

  • Act in an unlawful, dishonest, abusive, or discriminatory manner;
  • Misrepresent your identity, age, qualifications, employment history, or affiliations with any person or organization;
  • Disclose any information without the necessary consent to do so;
  • Stalk, harass, or otherwise cause distress to any other user of the App;
  • Use the App in a deceptive, inauthentic, or manipulative manner, including activities related to scams, spam, fake profiles, or commercial promotions not permitted by Cubbley Heart;
  • Submit unfounded appeals, reports, or complaints, or make false accusations;
  • Develop, use, or support any software, devices, scripts, robots, or other technology (including crawlers, browser plugins, or add-ons) to scrape or copy any content from Cubbley Heart or its services without our express permission.

We do not tolerate misconduct in the Cubbley Heart community. If you encounter abusive behavior or inappropriate Member Content, you can report it by contacting us directly. You may also use the ‘Block & Report’ option to flag problematic users or content. We reserve the right to investigate and take necessary action if a user violates these Terms, the rights of other users, or any third-party rights, including suspending or terminating their access to the App without prior notice. 

You are solely responsible for your interactions with other users of Cubbley Heart. We encourage respectful behavior and communication at all times.

Criminal Background Investigations

In certain circumstances, such as when reports of suspected misconduct are made by members or the media, Cubbley Heart may conduct investigations into a member’s criminal history. These investigations may include searching publicly available records such as sex offender registries. If we identify a member with a criminal conviction, including for offenses such as sexual assault, trafficking, abuse, or violent extremism, we may take steps to block that individual from using Cubbley Heart or communicating with other users.

However, we note that criminal background checks, when conducted, are not exhaustive and cannot guarantee safety. Not all criminal records are publicly available, and some information may be outdated or missing. As such, criminal background checks are not a foolproof safety measure, and we encourage all users to exercise caution when interacting with others on the platform.

Release of Liability 

You agree to release Cubbley Heart and its affiliates from any and all claims, losses, damages, rights, and actions, including personal injuries, death, or property damage, arising directly or indirectly from your interactions with other users of the App. 

Prohibition of Scraping or Replicating the App 

You are expressly prohibited from scraping, copying, or replicating any part of the Cubbley Heart App or its content by any means (automated or manual), except through officially available interfaces or APIs, unless you have obtained prior written consent from us. Any unauthorized use or extraction of data will be considered a violation of these Terms.

4. PRIVACY

For details on how Cubbley Heart collects, uses, and shares your personal data, please refer to our Privacy Policy. By using the Cubbley Heart platform, you acknowledge and agree that we may process your personal information in accordance with the terms outlined in our Privacy Policy.

5. PAYMENT TERMS

General Information

Cubbley Heart may offer certain products or services for purchase within the App (“In-App Purchase”). If you decide to make an In-App Purchase, you agree that additional terms, which will be disclosed to you at the point of purchase, may apply. These additional terms are considered an integral part of these Terms and Conditions.

You may make In-App Purchases through the following payment methods (“Payment Method”): 

(a) via third-party platforms such as the Apple App Store or Google Play Store (“Third Party Store”), or

(b) using a credit card, debit card, or PayPal account, processed by a third-party payment processor.

By making an In-App Purchase, you authorise us to charge your chosen Payment Method. If we do not receive payment from your selected Payment Method, you agree to pay all outstanding amounts promptly upon our request.

Subscriptions and Auto-Renewal

Some services may be offered as automatically-renewing subscriptions (e.g., weekly, monthly, or quarterly subscriptions) (“Premium Services”). If you purchase an automatically-renewing subscription, it will automatically renew at the end of each period, unless you cancel it in accordance with the instructions below, at Cubbley Heart’s then-current price for such subscriptions. To avoid charges for the next subscription period, you must cancel before the end of the current period. Deleting your Cubbley Heart account or removing the App from your device does not cancel your subscription. You will receive notice if the price of your subscribed Premium Services changes, and you will have the opportunity to cancel your subscription. If you do not cancel your subscription after a price change, you agree to be charged according to the updated pricing.

Cancelling Subscriptions

  • Direct Subscription: If you purchased a subscription directly through Cubbley Heart, you may cancel or change your Payment Method via the payment settings in your profile.
  • Third-Party Subscription: If you purchased a subscription through a Third Party Store (e.g., Apple App Store or Google Play Store), you must manage cancellations directly through that platform.

Upon cancellation, you may continue using your subscription until the end of the period you last paid for. However, you will not be entitled to a prorated refund (except as outlined in the Refunds section below). Your subscription will not automatically renew, and you will lose access to Premium Services or In-App Purchases enabled by your subscription.

Please note that cancelling your subscription does not automatically terminate your account. To fully delete your account, you must follow the account deletion process described in Section 15.

Pricing and Promotions

Cubbley Heart operates on a global scale, and pricing may vary based on several factors, including region, subscription length, or promotional offers. We frequently test new features and payment options, and the platform may offer promotional rates that can vary.

Cubbley Heart reserves the right, without notice, to limit the availability of products, features, or services, discontinue any offer, or impose conditions on promotional offers (e.g., coupon usage, discounts, etc.). We also reserve the right to block users from making transactions or from receiving specific products or services.

Free Trials

If you sign up for a free trial and do not cancel before the trial ends, your trial will automatically convert into a paid subscription, and your Payment Method will be charged for the subscription at the then-current rate. The subscription will continue to renew automatically until cancelled, and charges will apply unless you cancel before the end of the trial period. Deleting your Cubbley Heart account or removing the App from your device does not cancel your free trial. If you previously signed up for a free trial via the Apple App Store or Google Play Store, you will not be eligible for another free trial, and you will be automatically subscribed to the paid service and charged accordingly.

Refunds

Generally, all charges for In-App Purchases are non-refundable, and there are no refunds for partially used subscription periods.

  • Weekly Subscriptions: You are entitled to a refund of the subscription price (minus the value of any portion used at the time of refund request) if you request it within 6 days of the subscription’s start date.
  • Monthly or Longer Subscriptions: You are entitled to a refund (minus the value of any portion used) if you request it within 14 days of the subscription’s start date.

No refunds will be issued for subscription renewals, and users who have been blocked from the platform are not entitled to refunds.

How to Request a Refund:

  1. Google Play Store: If you subscribed through the Google Play Store, your refund will be handled by Google. To request a refund, go to the Google Play Store, select your order history, find the transaction, and select “Report a Problem.”
  2. Apple App Store: If you subscribed using your Apple ID, refunds will be handled by Apple (regardless of your location). To request a refund, go to iTunes, click your Apple ID, select “Purchase History,” find the transaction, and click “Report a Problem.” Alternatively, you can submit a request via Apple Support.
  3. Other Purchases: For purchases made directly from Cubbley Heart, please contact our customer support team with your order number (found in your order confirmation email or Google Wallet). 

Taxes

The payments specified in this section do not include any applicable Sales Tax (e.g., GST or other taxes). If Cubbley Heart determines it has a legal obligation to collect Sales Tax from you, we will add such taxes to the payment amount. You are responsible for paying any applicable taxes and any penalties or interest if Sales Tax is not remitted to the appropriate authority.

6. VIRTUAL ITEMS

At times, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, and revocable license to access special features within the App (“Virtual Items”). You can only purchase Virtual Items through Cubbley Heart or its authorized partners. Virtual Items represent a limited license granted to you under these Terms, and, except as otherwise required by applicable law, no ownership or title in Virtual Items is transferred to you.

The balance of Virtual Items shown in your account represents the extent of your license to access these items and not a real-world balance or stored value. Virtual Items do not incur fees for non-use, and your license to use them will terminate when Cubbley Heart ceases its services or your account is closed or terminated. 

Cubbley Heart may provide Virtual Items as part of paid subscriptions or as bonuses. Access to Virtual Items may be limited to the duration of your subscription, and unused Virtual Items cannot be carried over to future subscription periods. 

Cubbley Heart reserves the right to charge for access to Virtual Items and may distribute them with or without charge. We also have the discretion to manage, modify, regulate, or eliminate Virtual Items at any time, which may impact their perceived value or the purchase price. You are not permitted to sell, redeem, or transfer Virtual Items to any third party. Virtual Items can only be redeemed within the App. 

ALL PURCHASES OF VIRTUAL ITEMS ARE FINAL AND NON-REFUNDABLE. You acknowledge that Cubbley Heart is not required to provide any refund, and you will not receive compensation for unused Virtual Items if your account is closed, whether voluntarily or involuntarily. 

7. PUSH NOTIFICATIONS & LOCATION-BASED FEATURES

We may send you communications through emails, text messages, push notifications, alerts, and other messages related to Cubbley Heart and its services, including promotions, offers, products, events, and other updates. Upon downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny them, you will not receive any push notifications/alerts. If you accept, notifications will be automatically sent to you. You may opt-out of receiving these notifications at any time by adjusting your notification settings on your mobile device.

With respect to other communications, such as emails or text messages, you can unsubscribe or opt-out by following the instructions provided in those messages or by contacting us directly at [email protected].

The App may also offer location-based features, allowing you to access content and services tailored to your geographic location. To enable these features, the App will determine your location using GPS, Bluetooth, or other software in your mobile device. If you disable location services on your device, or do not authorize the App to access your location, you may be unable to access certain location-based content and services.

For more information about how Cubbley Heart uses and retains your data, please refer to our Privacy Policy.

8. DISCLAIMER

The App, Website, our Content, and Member Content are provided “AS IS” and “AS AVAILABLE,” without any warranties, either express or implied, including but not limited to warranties of fitness for a particular purpose, title, or non-infringement. We do not guarantee the compatibility of any matches.

To the extent permitted by law, if any warranties are implied, we limit them to the minimum required by applicable law. No advice or information provided by Cubbley Heart shall create any warranty, representation, or guarantee unless expressly stated in these Terms.

Additionally, we do not guarantee that the App or Website will be uninterrupted, secure, error-free, or that your use of the App will meet your expectations. Your use of the App and its services is at your own risk, and you are solely responsible for your interactions with other members. Cubbley Heart is not responsible for the conduct of any user and does not conduct criminal background checks on its members.

9. LIMITATION OF LIABILITY

Cubbley Heart and its owners will not be liable for any damages, including direct, indirect, incidental, consequential, special, or punitive damages, arising out of your access to or use of the App, Website, our Content, or any Member Content. This includes, without limitation, loss of data, income, profits, goodwill, or damage to property.

This limitation of liability applies even if we were advised of the possibility of such damages. If you become dissatisfied with the App or Website, your sole remedy is to stop using the App and Website.

You hereby waive any and all claims arising from your use of the App or Website. Please note that some jurisdictions do not allow the exclusion or limitation of implied warranties or damages, so these provisions may not apply to you. If any portion of this limitation on liability is found to be unenforceable, then our aggregate liability shall not exceed RM100.

This limitation of liability is a key component of the basis of the agreement and reflects a fair allocation of risk. The App and Website would not be provided without these limitations, and you agree that these exclusions of liability and remedies will survive even if deemed ineffective or unenforceable.

The limitations above do not apply to liability arising from fraud, fraudulent misrepresentation, or any other liability that cannot be limited by applicable law.

10. INDEMNITY

You are solely responsible for your actions and the content you post on Cubbley Heart. By using the App, you agree to indemnify, defend, release, and hold Cubbley Heart, its partners, affiliates, licensors, contractors, officers, directors, employees, agents, and representatives harmless from any third-party claims, damages (including consequential damages), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

  1. Any negligent acts, omissions, or intentional misconduct by you.
  2. Your use of or access to the App.
  3. The uploading, submission, or sharing of content through the App by you.
  4. Any breach of these Terms by you.
  5. Your violation of any laws, rights, or regulations, or the rights of third parties.

Cubbley Heart reserves the right to settle or resolve any claims or legal actions brought against it at its discretion, without your prior consent. However, if requested, you agree to cooperate reasonably with Cubbley Heart in defending any such claims.

This indemnity provision does not require you to indemnify Cubbley Heart for claims arising from unlawful practices, fraud, or misrepresentation on the part of Cubbley Heart.

11. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any content on Cubbley Heart infringes your copyright, you can submit a DMCA Takedown Notice or equivalent in Malaysia. The notice must include the following:

  1. A physical or electronic signature of the person authorized to act on behalf of the copyright owner.
  2. Identification of the copyrighted work claimed to be infringed, or a list of such works if multiple works are involved.
  3. Identification of the allegedly infringing material and information sufficient for us to locate the content (such as a URL or description).
  4. Your contact details, such as address, phone number, and email.
  5. A statement of good faith belief that the content is not authorized by the copyright owner.
  6. A statement that the information in the notice is accurate and made under penalty of perjury.

You can send your DMCA Takedown Notice to Cubbley Heart’s Copyright Agent via email at [email protected].

12. THIRD PARTY APP STORES

If you download the App from a third-party store (e.g., Google Play Store, Apple App Store), the following additional terms apply:

  1. These Terms are between you and Cubbley Heart, not the third-party store. Cubbley Heart (not the third-party store) is solely responsible for the App and its content.
  2. If any part of these Terms conflicts with the third-party store’s terms, the more restrictive terms of the third-party store will govern in relation to the App.
  3. The third-party store has no obligation to provide maintenance or support services for the App. Cubbley Heart is solely responsible for warranty obligations (if applicable) regarding the App.
  4. If you or a third party have any claims related to the App (such as product liability, failure to meet legal requirements, or intellectual property infringements), these will be addressed by Cubbley Heart, not the third-party store.
  5. The third-party store is a third-party beneficiary of these Terms, meaning that it has the right to enforce these Terms against you.
  6. In the event of a conflict between these Terms and the terms of the third-party store or mobile carrier, the third-party store or mobile carrier’s terms will take precedence.
  7. Cubbley Heart is not responsible for any third-party goods or services you obtain through a third-party store. We recommend that you carefully investigate any third-party transactions before proceeding with purchases.

13. DISPUTE RESOLUTION

Please carefully read this Arbitration Agreement (“Agreement”) section. Unless you opt out as described in Section 13(j) below, this Agreement requires both you and Cubbley Heart (the “Company”) to resolve disputes through binding arbitration rather than through court proceedings. It also limits the ways in which we can seek legal relief from each other.

a. When Does This Arbitration Agreement Apply?

This Agreement applies to any disputes or claims between you and Cubbley Heart, whether related to contract, tort, fraud, misrepresentation, regulations, or any other legal or equitable theory, arising out of your use of the Cubbley Heart app, previous versions of these terms, or other aspects of your relationship with the Company. This applies even to claims that arose before the current version of the Terms was effective. By agreeing to these Terms, both you and Cubbley Heart agree to resolve such disputes through arbitration, not in court, except that:

  • You or Cubbley Heart may bring individual claims in small claims court, if eligible.
  • Either party may seek equitable relief in court for infringement or misuse of intellectual property rights.

b. Notice of Dispute and Informal Resolution

Before initiating arbitration, both parties must first provide written notice of the dispute and try to resolve it informally within 120 days. Your notice to Cubbley Heart should be sent to the registered office of the Company in Malaysia and must include your name, contact details, the nature of the dispute, and the specific relief being sought.

Both parties agree to meet via teleconference or videoconference to attempt an informal resolution. Any offers or negotiations made during this informal process are confidential and cannot be used in arbitration or court, except if otherwise admissible.

If the dispute is not resolved within the 120-day period, you may initiate arbitration as described in Section 3. Failure to attempt informal resolution first will result in the invalidity of any subsequent arbitration request.

c. How to Start the Arbitration Process

If the dispute remains unresolved after 120 days, either party can initiate arbitration by submitting a written claim to the other party via certified mail. This notice must include your or Cubbley Heart’s contact information, the nature of the dispute, and the relief sought.

d. Arbitration Rules

This Arbitration Agreement is governed by Malaysian law. If arbitration is required, the rules will depend on your location. If you reside in Malaysia, arbitration will be administered by the Malaysian Arbitration Centre or any other reputable provider chosen by both parties.

The initiating party will bear the filing fees. You and Cubbley Heart will share the cost of the arbitration unless the claim is deemed frivolous, in which case the claimant will be responsible for the other party’s fees.

If you qualify for a waiver of certain arbitration costs due to financial hardship, the Company will cover your filing fees under applicable laws or if required by the arbitration provider.

e. What Can the Arbitrator Decide?

The arbitrator will have exclusive authority to decide on the applicability and enforceability of this Agreement, as well as other key issues, including whether claims should proceed to arbitration. The arbitrator has the authority to award monetary damages and other remedies as a court would, and their decision is final and binding.

f. No Jury Trials

By agreeing to this Arbitration Agreement, you and Cubbley Heart waive your rights to a jury trial. Arbitration will resolve disputes, with no judge or jury involved, and court review of the arbitrator’s decision is extremely limited.

g. Individual Arbitration Only

All disputes must be resolved individually through arbitration. You and Cubbley Heart waive the right to participate in any class action or collective arbitration. This does not preclude batch arbitration as described below, or mediation processes.

h. Mass Filings

If 30 or more similar arbitration claims are filed against Cubbley Heart by the same or coordinated counsel within a 60-day period, the additional protocols set out for Mass Filings will apply.

  • Bellwether Arbitrations: A selection of 10 test cases will proceed first, and only these will be processed until resolved.
  • Global Mediation: Following the bellwether arbitration, a global mediation will be attempted for remaining claims.
  • Batch Arbitration: If mediation is unsuccessful, remaining claims will be handled in batches for efficiency, with one arbitrator per batch.

If any issues arise, a court of competent jurisdiction in Malaysia will resolve any disputes about enforcing the arbitration processes.

i. Offer of Judgment

Either party may make a formal offer to settle the dispute before the arbitration hearing. If the offer is not accepted and the other party fails to secure a more favorable outcome, the rejecting party will cover the offering party’s post-offer costs.

j. Opt-Out

If you are a new user or have previously agreed to arbitration, you can opt out of this Arbitration Agreement within 31 days of first agreeing to these Terms by sending a written notice to [email protected]. If you do not opt out, you will be bound by this Arbitration Agreement.

k. Severability

If any part of this Arbitration Agreement is found unenforceable, that specific part will be severed, and the rest of the Agreement will remain in full force. If a provision is found invalid due to a public law exception, the affected dispute will be litigated in court.

l. Survival

This Arbitration Agreement remains in effect even after your relationship with Cubbley Heart ends.

14. USE OF THIRD-PARTY INTEGRATIONS

By using the features provided by Third Parties in our app, you agree to be bound by the Third Parties’ Terms of Service, which include an arbitration clause that waives your right to participate in class-action lawsuits or class-wide arbitration. If you do not agree with these terms, please refrain from using the features provided by Third Parties within the app.

15. TERMINATION AND REMEDIES

These Terms are effective from the moment you accept them (as explained in the introduction) and will remain in effect until they are terminated as per the conditions outlined below.

Account Deletion

You may delete your Cubbley Heart account at any time by logging into the app, navigating to the “Settings” tab (the gear icon), and following the steps to delete your account. Please note the following:

  • If you delete your account, any active subscriptions will continue until the end of the current billing cycle. You will not be entitled to a refund unless specified in Section 6.
  • You must also cancel or manage any recurring subscriptions purchased through third-party platforms (e.g., iTunes, Google Play) to avoid further charges.

Termination by Cubbley Heart

If Cubbley Heart determines, at its sole discretion, that you have violated any part of these Terms, misused the app, or engaged in conduct deemed inappropriate or unlawful (whether inside or outside the app), the company reserves the right to:

  • Warn you via email about the violation.
  • Delete your User Content.
  • Terminate your account.
  • Cancel your subscription(s) without any refund.
  • Report your actions to law enforcement authorities and cooperate with them, including sharing your User Content.
  • Take any other action deemed necessary or appropriate by Cubbley Heart.

You agree that all terminations made for cause are at Cubbley Heart‘s sole discretion and that Cubbley Heart is not liable to you or any third party for any account termination.

Consequences of Termination

If your account is terminated—whether by you or Cubbley Heart—your access to the account and all related information and content will be removed.

Certain provisions of these Terms that logically should survive termination will remain in effect, including but not limited to the Arbitration Agreement, ownership rights, warranty disclaimers, and limitation of liability. Your personal data will be handled and deleted according to our Privacy Policy.

16. MISCELLANEOUS

Before you begin using Cubbley Heart, there are a few additional important points to note:

Entire Agreement

These Terms, which may be updated occasionally, represent the full and complete agreement between you and Cubbley Heart. They override any prior agreements, discussions, or arrangements—whether written or verbal—except for the Privacy Policy. This provision does not limit or exclude liability for any fraudulent misrepresentation.

Accuracy and Availability of Information

Cubbley Heart has made reasonable efforts to ensure that all information on the app is accurate, up-to-date, and complete. However, all information is provided “as is” and “as available.” We do not guarantee the accuracy or completeness of the information. Your use of the app and its content is at your own risk. Cubbley Heart is not liable for any losses resulting from the transmission of data or inaccurate user-generated content.

Security and Technical Issues

You are responsible for taking precautions to protect your device and data when using Cubbley Heart. We do not guarantee that the app will be free of viruses, bugs, or other harmful components, nor do we guarantee uninterrupted or error-free service. Cubbley Heart is not liable for any damage to your hardware, software, or other devices, including issues caused by security breaches, viruses, bugs, or technical malfunctions.

Electronic Communication

Communication between you and Cubbley Heart may happen electronically, whether through the app, emails, or notices posted within the app. By using the app, you consent to receive these communications in electronic form. You also agree that any communications or notices provided electronically will be considered as legally valid as if they were in writing. This does not affect your statutory rights. .

17. GOVERNING LAW AND FORUM

Unless otherwise specified in Section 13(c) or by mandatory local laws where you live, your use of the App, our content, and any Member Content, as well as any disputes related to these Terms or your relationship with Cubbley Heart, will be governed by the laws of Malaysia. If any legal claims or disputes are not resolved through arbitration, they will be handled exclusively in the federal or state courts located in Kuala Lumpur, Malaysia. You agree that these courts will have personal jurisdiction over you, and you waive any objections regarding the convenience of the forum. Additionally, you agree not to file or participate in any class action lawsuits against us.

18. THE CUBBLEY HEART GROUP

These Terms represent a legally binding agreement between you (the user) and Cubbley Heart (the company).