CubeDelta Terms of Service

Last updated: June 21, 2026

These Terms of Service (“Terms”) govern access to and use of CubeDelta websites, account systems, restricted-access areas, verification and communication services, support, and related offerings operated by Industrial Shaman. Collectively, these are referred to as the “Services.”

By creating an account, accessing a restricted portion of CubeDelta, clicking to accept these Terms, or otherwise using the Services, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use the Services.

1. Industrial Shaman and CubeDelta

For purposes of these Terms:

• “Industrial Shaman,” “we,” “us,” and “our” refer to the operator of CubeDelta.
• “You” and “your” refer to the individual using the Services and, where applicable, the organization on whose behalf that individual acts.
• “Customer” means an individual or organization that purchases, sponsors, administers, or otherwise receives Services under an account, project, order, or separate agreement.
• “Account Administrator” means a person authorized to establish, administer, manage, or control an account or organizational relationship.

2. Defined Data and Model Terms

Your Materials

“Your Materials” means content, files, data, records, prompts, messages, instructions, examples, communications, and other materials that you or an authorized party submit, transmit, or make available through the Services.

Derived Data

“Derived Data” means information generated from, informed by, or resulting from authorized processing of Your Materials, but only to the extent that the information:

• Does not identify and cannot reasonably be linked to or used to infer information about a particular person, household, account, customer, organization, or project.
• Does not reproduce Your Materials.
• Does not permit a reasonable recipient to reconstruct Your Materials.
• Does not reveal customer-specific confidential information.

Derived Data may include generalized patterns, trends, statistics, measurements, classifications, evaluations, comparisons, relationships, transformations, and other generalized results.

Information does not become Derived Data merely because it has been summarized, transformed, encoded, labeled, separated from direct identifiers, or assigned a different name.

Model Work Product

“Model Work Product” means generalized knowledge, training results, testing results, evaluation results, research results, procedures, methods, techniques, workflows, specifications, improvements, documentation, concepts, and know-how developed, discovered, or refined through Industrial Shaman’s work.

Model Work Product excludes:

• Your Materials.
• Personal information.
• Information reasonably linkable to a particular account, customer, organization, or project.
• Customer-specific confidential information.
• Materials that reproduce or permit reconstruction of Your Materials.

Developed Models

“Developed Models” means data models and related products, services, capabilities, methods, or systems created, trained, tested, evaluated, validated, adapted, maintained, or improved using Derived Data or Model Work Product.

3. Additional Agreements

Certain Services may be governed by a separate:

• Customer agreement.
• Order.
• Project agreement.
• Statement of work.
• Confidentiality agreement.
• Data-processing agreement.
• Other written agreement.

If a separate written agreement directly conflicts with these Terms, the separate agreement controls for the Services and subject matter it specifically covers.

These Terms otherwise continue to apply.

4. Eligibility and Authority

You may use the Services only if:

• You can lawfully enter into a binding agreement.
• Your use is not prohibited by applicable law.
• You comply with these Terms and any applicable additional agreement.
• You have all authority required to act for any organization you represent.

By using the Services on behalf of an organization, you represent and warrant that you are authorized to bind that organization to these Terms.

The Services are not intended for children under 13.

5. The Services

CubeDelta may provide websites, account access, private services, communications, information, materials, and related offerings.

The nature, availability, and scope of the Services may vary by:

• Account.
• Customer.
• Organization.
• Project.
• Location.
• Applicable agreement.

We may add, remove, modify, suspend, or discontinue any portion of the Services.

We are not obligated to maintain any particular feature, function, format, capacity, or availability period unless expressly stated in a separate written agreement.

No statement in these Terms creates a service-level commitment.

6. Accounts and Authorized Access

You are responsible for:

• Providing accurate and current account information.
• Maintaining the confidentiality and security of your credentials.
• Restricting access to your account and devices.
• Using only accounts and access methods that you are authorized to use.
• Promptly notifying us of suspected unauthorized access, loss of credentials, or security concerns.
• Activity occurring through your account to the extent permitted by law.

You may not sell, transfer, lease, sublicense, or share account credentials unless expressly authorized in writing.

We may require information reasonably necessary to confirm:

• Identity.
• Authority.
• Eligibility.
• Account ownership.
• Continued access.

An organization that sponsors, purchases, or administers your access may be able to manage your account, control access, receive account-related information, or terminate your access.

7. Acceptable Use

You may use CubeDelta only for lawful, authorized purposes and in accordance with these Terms and any applicable customer or project agreement.

You may not:

• Violate any law, regulation, court order, contractual obligation, or third-party right.
• Access or attempt to access an account, material, area, or Service without authorization.
• Misrepresent your identity, affiliation, authority, or the origin of information.
• Share credentials or permit unauthorized access.
• Circumvent, disable, defeat, or interfere with access restrictions or security protections.
• Probe or test the vulnerability of the Services without express written authorization.
• Interfere with, disrupt, damage, overload, or impair the Services or another person’s use of them.
• Introduce malicious, destructive, deceptive, or unauthorized material.
• Scrape, harvest, index, copy, monitor, or extract nonpublic information or content without written authorization.
• Reverse engineer, decompile, disassemble, or attempt to derive nonpublic components of the Services, except where applicable law expressly prohibits that restriction.
• Use the Services to commit fraud, impersonate another person, harass, threaten, exploit, or unlawfully monitor another person.
• Submit material that is unlawful, defamatory, infringing, deceptive, or that you lack authority to provide.
• Submit personal or confidential information in violation of law or an obligation owed to another person.
• Remove or alter ownership, confidentiality, attribution, or legal notices.
• Resell, sublicense, commercially exploit, or provide the Services to another party unless expressly authorized.
• Use nonpublic aspects of the Services to create or support a competing product or service without written permission.
• Use the Services in a manner that creates unreasonable security, legal, operational, or compliance risk.
• Assist another person in doing anything prohibited by these Terms.

We may investigate suspected violations and cooperate with lawful investigations or legal processes.

8. Confidential Information

“Confidential Information” means nonpublic information disclosed or made available in connection with the Services that is identified as confidential or that reasonably should be understood to be confidential based on its nature or the circumstances of disclosure.

Industrial Shaman Confidential Information may include:

• Restricted-access portions of CubeDelta.
• Nonpublic documentation.
• Nonpublic business information.
• Nonpublic account information.
• Security-related information.
• Proprietary materials.
• Model Work Product that has not been publicly released.
• Information concerning Developed Models that has not been publicly released.

Your Confidential Information may include Your Materials and other customer-specific information, subject to these Terms and any applicable written agreement.

A recipient of Confidential Information must:

• Use it only for authorized purposes.
• Protect it using reasonable care.
• Limit disclosure to persons who are authorized and bound by appropriate obligations.
• Promptly notify the disclosing party of known unauthorized access, use, or disclosure.
• Return or delete it when required, subject to applicable law, these Terms, and record-retention obligations.

Confidentiality restrictions do not apply to information that the recipient can demonstrate:

• Became public without breach of an obligation.
• Was lawfully known to the recipient without a confidentiality restriction.
• Was independently developed without use of the Confidential Information.
• Was lawfully received from another source without a confidentiality restriction.
• Was approved for release by the disclosing party.

A recipient may disclose Confidential Information where legally required, provided that the recipient gives advance notice when legally permitted and reasonably cooperates in seeking protective treatment.

Derived Data and Model Work Product are not your Confidential Information to the extent that they satisfy the definitions in these Terms.

9. Your Materials

As between you and Industrial Shaman, you retain the rights you hold in Your Materials.

Except for the rights expressly granted under these Terms, these Terms do not transfer ownership of Your Materials to Industrial Shaman.

You grant Industrial Shaman a worldwide, nonexclusive, royalty-free license to host, copy, reproduce, transmit, process, analyze, organize, classify, transform, and otherwise use Your Materials as reasonably necessary to:

• Provide and administer the Services.
• Perform requested or authorized work.
• Carry out your instructions.
• Maintain account and service security.
• Detect and prevent fraud, misuse, or unauthorized access.
• Provide support and resolve problems.
• Maintain, evaluate, and improve the Services.
• Generate Derived Data.
• Generate Model Work Product.
• Create, train, test, evaluate, validate, adapt, maintain, improve, and develop Developed Models as permitted under Section 10.
• Enforce applicable agreements.
• Comply with law and protect legal rights.
• Exercise other rights expressly granted under these Terms or an applicable written agreement.

This license includes the right to permit personnel, contractors, and service providers acting on our behalf to process Your Materials as reasonably necessary to perform services for Industrial Shaman.

This license does not authorize Industrial Shaman to:

• Publish Your Materials as your identifiable materials.
• Publicly identify you as the source of Your Materials without permission.
• Provide Your Materials in identifiable or customer-linked form to an unrelated customer except as separately authorized.
• Claim ownership of your preexisting intellectual property.

You represent and warrant that:

• You have all rights, authority, permissions, and lawful grounds necessary to provide Your Materials.
• Industrial Shaman’s permitted processing of Your Materials will not violate applicable law, another person’s rights, or an obligation you owe to another person.
• Your Materials do not contain unlawful or malicious content.
• Where Your Materials include information relating to another person, you have provided all required notices and obtained all required permissions.
• You are authorized to direct Industrial Shaman to process Your Materials for the purposes described in these Terms.

The license applicable to Your Materials continues for as long as reasonably necessary to:

• Provide the Services.
• Fulfill the applicable relationship.
• Complete authorized work.
• Exercise the rights granted under these Terms.
• Generate qualifying Derived Data and Model Work Product.
• Maintain permitted records.
• Satisfy legal, security, and compliance requirements.

The expiration or termination of the license applicable to Your Materials does not terminate Industrial Shaman’s ownership of or rights in qualifying Derived Data, Model Work Product, or Developed Models.

You remain responsible for Your Materials and for decisions made based on them.

10. Derived Data, Model Work Product, and Developed Models

Industrial Shaman may create Derived Data and Model Work Product through:

• Authorized processing of Your Materials.
• Work performed in connection with the Services.
• Training, testing, evaluation, validation, and development activities.
• Analysis of generalized results.
• Experience acquired while performing work.

As between you and Industrial Shaman, Industrial Shaman exclusively owns all right, title, and interest in and to:

• Derived Data.
• Model Work Product.
• Developed Models.
• Improvements, adaptations, extensions, and derivative works of Model Work Product or Developed Models.
• Training results.
• Testing results.
• Evaluation results.
• Procedures, methods, techniques, and workflows developed or refined through Industrial Shaman’s work.
• Intellectual-property and proprietary rights associated with those materials.

To the extent any ownership or other rights in Derived Data, Model Work Product, or Developed Models would otherwise vest in you, you irrevocably assign those rights to Industrial Shaman.

This assignment does not include ownership of:

• Your Materials.
• Your preexisting intellectual property.
• Customer-specific confidential information.
• Personal information.

Subject to applicable law and any controlling written customer agreement, Industrial Shaman may use Derived Data and Model Work Product for any lawful business purpose, including to:

• Create other data models.
• Train other data models.
• Test other data models.
• Evaluate other data models.
• Validate other data models.
• Adapt other data models.
• Maintain other data models.
• Improve other data models.
• Develop new data models.
• Develop products, services, procedures, methods, capabilities, and commercial offerings.
• Perform work for other customers.
• Improve work performed for other customers.
• Combine Derived Data and Model Work Product with information and materials obtained from other projects or sources.
• Conduct research, analysis, quality evaluation, and business development.
• License, distribute, provide, and commercialize Model Work Product and Developed Models.
• Make Developed Models available to other customers or third parties.
• Use generalized training results, testing results, evaluation results, procedures, methods, techniques, and lessons learned through our work.
• Use general knowledge, skills, experience, concepts, ideas, procedures, techniques, and know-how developed or acquired while providing the Services.

Developed Models and Model Work Product are not required to be exclusive to you.

Industrial Shaman may independently develop or provide models, products, services, methods, procedures, or capabilities that:

• Are similar to work performed for you.
• Address similar subjects or problems.
• Compete with work performed for you.
• Incorporate generalized methods or lessons developed during work performed for you.

Industrial Shaman may do so provided that it does not disclose or improperly use:

• Your Materials.
• Personal information.
• Information reasonably linkable to you, your account, your organization, or your project.
• Customer-specific confidential information.

You do not acquire ownership, exclusivity, approval rights, attribution rights, audit rights, revenue rights, royalty rights, or a right to compensation with respect to Derived Data, Model Work Product, or Developed Models merely because:

• Your Materials were processed in connection with their creation.
• Work performed for you contributed to their creation or improvement.
• Training results or procedures were developed during your project.
• Testing or evaluation results were generated during your project.
• Your instructions contributed to a procedure, method, or improvement.
• Your account activity or use of the Services generated information that informed them.
• A Developed Model reflects generalized learning obtained through work involving Your Materials.

Information that remains reasonably linkable to you, your account, your organization, or your project—or that reproduces, permits reconstruction of, or reveals Your Materials—does not qualify as Derived Data or Model Work Product merely because it has been:

• Transformed.
• Summarized.
• Encoded.
• Labeled.
• Reformatted.
• Separated from direct identifiers.
• Assigned a different name.

Industrial Shaman will not use Your Materials in identifiable or customer-linked form to develop or operate a model specifically for an unrelated customer unless that use is expressly permitted by:

• An applicable customer or project agreement.
• Separate written authorization.
• A direction from you or an authorized Account Administrator.
• Applicable law.

Nothing in this section authorizes Industrial Shaman to sell, share, or disclose personal information in violation of:

• The CubeDelta Privacy Policy.
• An applicable written agreement.
• Applicable law.

11. Materials and Results Made Available Through the Services

Records, reports, responses, outputs, analyses, recommendations, or other materials made available through the Services may be governed by an applicable customer, account, or project agreement.

Unless a separate agreement provides otherwise, you may use materials made available specifically for your authorized use, subject to:

• These Terms.
• Applicable law.
• Third-party rights.
• Confidentiality restrictions.
• Any notices or limitations accompanying the materials.

Your right to use a delivered result does not grant ownership of:

• CubeDelta.
• Industrial Shaman software.
• Model Work Product.
• Developed Models.
• Derived Data.
• Underlying methods.
• Procedures.
• Training results.
• Evaluation results.
• Documentation.
• Templates.
• Designs.
• Preexisting Industrial Shaman materials.

You are responsible for reviewing materials before relying on, publishing, transmitting, or using them.

Unless expressly agreed in writing, the Services and associated materials are not a substitute for qualified legal, financial, medical, safety, or other professional advice.

12. Industrial Shaman Property

CubeDelta and its names, logos, branding, designs, text, software, documentation, organization, interfaces, methods, procedures, Model Work Product, Developed Models, Derived Data, improvements, and other materials are owned by Industrial Shaman or its licensors.

These materials may be protected by applicable intellectual-property, confidentiality, contractual, and proprietary-rights laws.

Except for the limited right to use the Services in accordance with these Terms, no license or ownership right is granted to you.

You may not use Industrial Shaman or CubeDelta names, logos, marks, or branding without prior written permission.

No implied license is granted by:

• Estoppel.
• Course of dealing.
• Industry practice.
• Delivery of results.
• Payment for Services.
• Access to the Services.

13. Feedback

If you provide suggestions, ideas, recommendations, comments, or other feedback concerning CubeDelta or the Services, you grant Industrial Shaman a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free right to use that feedback for any lawful purpose without restriction or compensation.

This does not authorize us to publicly identify you as the source of feedback without permission.

Feedback will not be treated as confidential unless a separate written agreement expressly provides otherwise.

14. Third-Party Services

CubeDelta may rely on, integrate with, or refer to services provided by third parties.

Industrial Shaman does not control and is not responsible for unaffiliated third-party:

• Services.
• Terms.
• Privacy practices.
• Availability.
• Security.
• Content.
• Conduct.

Your use of a third-party service may be governed by separate terms between you and that provider.

15. SMS and Voice Communications

When you provide a telephone number and affirmatively opt in, you authorize CubeDelta and its service providers to send service-related SMS messages or place service-related voice calls concerning:

• Verification.
• Account access.
• Support.
• Security.
• Requested Services.
• Other service-related matters.

Communications may be made using automated systems where permitted by law.

Message frequency varies. Message and data rates may apply.

Reply STOP to opt out of SMS messages.

Reply HELP for help or contact services@cubedelta.com.

After an opt-out request, you may receive one final message confirming that request.

You may withdraw consent to voice communications by informing us during a call or contacting us.

You represent that:

• You are the subscriber or authorized user of the telephone number provided.
• You are authorized to consent to communications at that number.
• You will notify us if you relinquish or change the number.

Consent to promotional communications is not a condition of purchase.

Certain requested Services may nevertheless depend on our ability to deliver necessary service-related communications.

Mobile carriers are not responsible for delayed or undelivered messages.

16. Privacy

Our handling of personal information is described in the CubeDelta Privacy Policy.

By using the Services, you acknowledge that information may be collected, used, retained, and disclosed as described in:

• The Privacy Policy.
• These Terms.
• Any applicable customer, account, or project agreement.

The Privacy Policy is incorporated into these Terms by reference.

17. Security

You must use reasonable precautions to protect:

• Your account.
• Your credentials.
• Your devices.
• Your information.
• Your access to the Services.

You must promptly report suspected:

• Unauthorized access.
• Misuse.
• Security incidents.
• Compromised credentials.
• Unauthorized disclosure.

Reports may be sent to services@cubedelta.com.

You may not publicly disclose a suspected security issue in a manner that creates avoidable harm before giving us a reasonable opportunity to investigate and address it.

18. Suspension and Termination

We may restrict, suspend, or terminate access, with or without prior notice, where we reasonably believe:

• These Terms or another applicable agreement have been violated.
• An account or activity presents a security, fraud, abuse, legal, regulatory, or operational risk.
• Continued access could harm Industrial Shaman, CubeDelta, a customer, a user, a service provider, or another person.
• Suspension or termination is required by law or legal process.
• An applicable customer or account relationship has ended.
• Providing the Services is no longer commercially or operationally reasonable.
• Payment obligations have not been satisfied.
• An Account Administrator directs us to terminate or restrict access.

You may stop using the Services at any time.

Account closure requests may be sent to services@cubedelta.com, subject to identity verification and applicable customer or organizational controls.

Upon termination:

• Your right to access and use the Services ends.
• You must cease using nonpublic CubeDelta materials.
• You remain responsible for obligations incurred before termination.
• We may retain information as described in the Privacy Policy or an applicable agreement.
• Access to account materials after termination is not guaranteed.

Termination or account closure does not affect Industrial Shaman’s ownership of or continuing rights in qualifying:

• Derived Data.
• Model Work Product.
• Developed Models.
• Improvements.
• Generalized training results.
• Generalized testing or evaluation results.
• Procedures, methods, and know-how.

Subject to applicable law and any controlling written agreement, Industrial Shaman is not required following termination to delete Derived Data or Model Work Product that no longer identifies, is reasonably linkable to, or reveals confidential information about:

• You.
• Your account.
• Your organization.
• Your project.

Industrial Shaman is not required to reverse, retrain, reconstruct, or modify a Developed Model solely to remove the non-identifiable influence of Your Materials that were processed as authorized before termination.

You are responsible for retaining copies of materials you are authorized to keep.

Provisions that by their nature should survive termination will survive, including provisions concerning:

• Confidentiality.
• Your Materials.
• Derived Data.
• Model Work Product.
• Developed Models.
• Ownership.
• Intellectual property.
• Restrictions.
• Disclaimers.
• Liability.
• Indemnification.
• Disputes.
• Miscellaneous terms.

19. Disclaimer of Warranties

To the maximum extent permitted by law, the Services are provided “as is” and “as available.”

Industrial Shaman disclaims all express, implied, statutory, and other warranties, including warranties of:

• Merchantability.
• Fitness for a particular purpose.
• Title.
• Non-infringement.
• Accuracy.
• Completeness.
• Reliability.
• Availability.
• Security.
• Uninterrupted operation.
• Error-free operation.
• Compatibility with any particular requirement, system, or purpose.

We do not warrant that:

• The Services will meet every requirement or expectation.
• Access will always be available.
• Every defect or error will be corrected.
• Materials will be complete, current, accurate, or suitable for a particular decision.
• Information will never be lost, accessed without authorization, or affected by circumstances outside our control.
• Any particular result will be achieved.
• Any Developed Model or output will perform identically in every circumstance.

You use the Services and rely on associated materials at your own risk.

The Services are not an emergency service and should not be relied upon for emergency communications or situations involving an immediate threat to life, safety, or property.

20. Limitation of Liability

To the maximum extent permitted by law, Industrial Shaman and its owners, personnel, contractors, licensors, and service providers will not be liable for:

• Indirect damages.
• Incidental damages.
• Consequential damages.
• Special damages.
• Exemplary damages.
• Punitive damages.
• Lost profits.
• Lost revenue.
• Lost business.
• Lost opportunities.
• Lost goodwill.
• Lost anticipated savings.
• Loss or corruption of data.
• Unauthorized disclosure of data.
• Business interruption.
• Service interruption.
• Cost of substitute services.
• Damages arising from third-party conduct or services.

These exclusions apply regardless of:

• The legal theory asserted.
• Whether the damages were foreseeable.
• Whether Industrial Shaman was advised of the possibility of the damages.
• Whether a limited remedy fails of its essential purpose.

To the maximum extent permitted by law, the aggregate liability of Industrial Shaman and the other protected parties for all claims arising from or relating to the Services or these Terms will not exceed the greater of:

1. The amount you paid directly to Industrial Shaman for the affected Services during the twelve months preceding the event giving rise to the claim; or
2. US$100.

These limitations do not apply to liability that cannot lawfully be excluded or limited.

Some jurisdictions do not permit certain warranty exclusions or liability limitations. In those jurisdictions, the provisions above apply only to the maximum extent permitted by law.

21. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Industrial Shaman and its owners, personnel, contractors, licensors, and service providers from third-party claims, demands, proceedings, damages, judgments, losses, liabilities, penalties, costs, and reasonable attorneys’ fees arising from or relating to:

• Your use or misuse of the Services.
• Your Materials.
• Your violation of these Terms or another applicable agreement.
• Your violation of law.
• Your infringement or violation of another person’s rights.
• Activity occurring through your account where you failed to meet your account-security obligations.
• Your failure to obtain required authority, permission, notice, or consent for Your Materials.
• Your use or distribution of materials obtained through the Services.

We may assume control of the defense of a matter subject to indemnification.

You agree to cooperate reasonably with the defense.

You may not settle a claim in a manner that admits fault by or imposes an obligation on an indemnified party without that party’s written consent.

22. Governing Law and Disputes

These Terms are governed by the laws of the jurisdiction in which Industrial Shaman maintains its principal place of business, without regard to conflict-of-law principles.

Except where applicable law requires otherwise, any legal proceeding arising from or relating to these Terms or the Services must be brought exclusively in the state or federal courts serving that jurisdiction.

Each party consents to the personal jurisdiction and venue of those courts.

Before filing a legal proceeding, the complaining party must provide written notice describing the dispute and allow at least 30 days for a good-faith attempt to resolve it informally.

This informal-resolution requirement does not prevent either party from seeking urgent injunctive or protective relief where reasonably necessary.

Nothing in these Terms limits any right or remedy that cannot lawfully be waived.

23. Compliance With Law

You are responsible for complying with all laws applicable to your:

• Access.
• Submissions.
• Communications.
• Instructions.
• Activities.
• Use of the Services.

This includes applicable:

• Privacy laws.
• Confidentiality obligations.
• Intellectual-property laws.
• Export-control laws.
• Sanctions laws.
• Communications laws.
• Consumer-protection laws.

You may not use the Services from or for the benefit of a person, organization, or location where doing so would violate applicable law.

24. Changes to These Terms

We may update these Terms from time to time.

The revised Terms will be posted with a new “Last updated” date.

Where required by law, we will provide additional notice before a material change becomes effective.

Your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms.

If you do not agree to a revision, you must stop using the Services.

Changes will not retroactively modify rights or obligations where prohibited by law.

25. Electronic Communications and Notices

You consent to receive agreements, notices, disclosures, and other communications electronically, including through:

• CubeDelta.
• Email.
• SMS where authorized.
• Another reasonable electronic method.

Electronic communications satisfy any legal requirement that a communication be in writing to the extent permitted by law.

You are responsible for maintaining current contact information associated with your account.

Legal notices to Industrial Shaman must be sent to services@cubedelta.com and clearly identified as a legal notice.

26. Miscellaneous

Assignment

You may not assign or transfer these Terms or your rights under them without prior written consent.

Industrial Shaman may assign these Terms in connection with:

• A reorganization.
• Financing.
• Merger.
• Acquisition.
• Sale of assets.
• Transfer of the Services.
• Operation of law.

Force majeure

Industrial Shaman is not liable for delay or failure caused by circumstances beyond its reasonable control, including:

• Natural disasters.
• Utility failures.
• Communications failures.
• Labor disputes.
• Governmental actions.
• War.
• Terrorism.
• Civil disturbance.
• Public-health emergencies.
• Failures of unaffiliated providers.

Severability

If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable.

If modification is not possible, the provision will be severed.

The remaining provisions will remain in effect.

Waiver

A failure or delay in enforcing a provision is not a waiver of that provision or any other right.

Entire agreement

These Terms, the Privacy Policy, and any applicable separate written agreement constitute the entire agreement concerning the subject matter they cover and supersede prior or contemporaneous understandings concerning that subject matter.

No third-party beneficiaries

Except for parties expressly protected by the warranty, liability, or indemnification provisions, these Terms do not create enforceable rights for any third party.

Relationship

These Terms do not create a:

• Partnership.
• Joint venture.
• Employment relationship.
• Fiduciary relationship.
• Franchise.
• Agency relationship.

Headings

Headings are included for convenience and do not affect interpretation.

Construction

Words such as “including” and “include” mean “including without limitation.”

References to the singular include the plural where the context permits, and references to the plural include the singular.

27. Contact

Questions concerning these Terms may be directed to:

Industrial Shaman — CubeDelta

Email: services@cubedelta.com