Terms of use

Effective Date: August 10, 2016

Thanks for using Cindercube’s products and services (“Services”).

These Terms of Use (“TOU”) contain the terms under which Cindercube and its affiliates provide their Services to you and describe how the Services may be accessed and used.

We refer to the combination of these Terms of Use and any applicable Additional Terms collectively as these “Terms“.

You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, or by using the Services.

If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.

Certain country-specific terms in Section 15.3 may apply to you if you are located outside the United States.

1. Fees and Payments

1.1. Fees for Services. You agree to pay to Cindercube any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.

1.2. Subscriptions. Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you downgrade to a free Subscription or close your account. You can close your account through your online account billing page, or by contacting our support team at least five (5) calendar days prior to the renewal date. Our support team can be contacted at This email address is being protected from spambots. You need JavaScript enabled to view it.. While we will be sad to see you go, you may close your account at any time. Closing your account is permanent and cannot be re-opened.

1.3. Taxes. Unless otherwise stated, you are responsible for any taxes (other than Cindercube’s income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay Cindercube for the Services without any reduction for Taxes. If Cindercube is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide Cindercube with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. If you are required by law to withhold any Taxes from your payments to Cindercube, you must provide Cindercube with an official tax receipt or other appropriate documentation to support such payments.

1.4. Price Changes. Cindercube may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Cindercube will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.

1.5. Overage Fees. Unless otherwise stated, any overage fees incurred by you will be billed in arrears. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.

1.6. Refund Policy. If for any reason you decide you want to cancel your paid Subscription within 15 days of your first payment, we’ll issue a full refund. To do so, just email the Cindercube Support Team at This email address is being protected from spambots. You need JavaScript enabled to view it..

2. eBay® API & Account Authorizations

2.1. eBay Inc. The eBay name and logo are registered trademarks in the US and internationally and are property of eBay Inc. Neither Cindercube nor its employees are employed, affiliated with or partnered with eBay.

2.2. eBay’s API. Cindercube services work with eBay’s API to allow the communication between Cindercube and eBay. This allows certain automated management of your eBay listings while never having access to your private login information. Upon granting Cindercube authorization, eBay creates a unique “Token” that is given to Cindercube allowing Cindercube’s Services to operate within your eBay account. Neither Cindercube nor its employees will ever ask you or have access to your eBay login credentials.

2.3. Third Party Authorization. In order for Cindercube to provide its services, you will need to grant us third party authorization to your eBay account. This can be done from Cindercube’s eBay Management page. You will be directed to eBay's website to grant Cindercube a third party authorization allowing it to make automated changes and modifications related to its Services to your eBay account. Cindercube's Services include an automated process of creating new eBay listings, adding content to listing descriptions, titles, product details, and item prices. The authorization you grant Cindercube can be revoked at any time.

To sever the communication between Cindercube and eBay or any other third party and eBay:

- Log into your eBay account.

- Go to My eBay > Account > Site Preferences > Third Party Authorizations

- Click “Revoke authorization” next to the third party whose access you want removed.

Upon removing Cindercube’s authorization, Cindercube will no longer have a valid “Token” severing its ability to provide its Services with your eBay account.

2.4. eBay Account Management and Fees. You are fully responsible for managing your eBay account including all eBay fees, costs, or fines related to your eBay account. Cindercube will not be held liable for any eBay fees, costs, or fines incurred from the use of its Services. Some of Cindercube’s Services rely on their ability to automatically create new listings for your eBay buyers. Upon acceptance of these Terms you grant Cindercube authorization and permission to modify any and all eBay listings associated with your eBay account in addition to creating new listings. This may incur additional eBay fees which you will be responsible for in all circumstances.

Cindercube does not manage your eBay account. We will not be liable for any action eBay may take against your eBay account. This includes any and all limitations, restrictions, and suspensions. It is your responsibility to ensure Cindercube’s Services and your use of such Services adhere to and comply with eBay’s Terms and Policies at all times.

2.5. Abuse of eBay listings. Cindercube offers some basic tools to help you minimize potential abuse of your eBay listings while using its Services. This includes a spam prevention tool allowing you to add simple filters and limits to the amount of eBay listings that can be created by Cindercube’s Services. You can apply global limits or IP address specific limits within certain periods of time such as hourly, daily, weekly, and monthly. Cindercube only offers these tools to assist you but they are not meant to prevent all abuse of your eBay listings. You are required to actively monitor the activity of your eBay account and your Cindercube Services to ensure all activity is satisfactory. If the activity of any of Cindercube’s Services is not satisfactory or if you think abuse of your eBay listings is taking place, you should remove Cindercube’s Services from your eBay listings immediately. Cindercube will not be held liable for, but not limited to, any costs, damages, lost revenue, or content resulting from abuse of your eBay listings using its Services.

3. Privacy

3.1. Privacy. In the course of using the Services, you may submit content to Cindercube (including your personal data and the personal data of others) or third parties may submit content to you through the Services (your “Content”). We know that by giving us your Content, you are trusting us to treat it appropriately. Cindercube’s Privacy Policy, together with any Service-specific data use policies, privacy statements and privacy notices (collectively, “privacy policies”), detail how we treat your Content and personal data and we agree to adhere to those privacy policies. You in turn agree that Cindercube may use and share your Content in accordance with our privacy policies.

3.2. Confidentiality. Cindercube will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including our privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by Cindercube); (b) was lawfully known to Cindercube before receiving it from you; (c) is received by Cindercube from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by Cindercube without reference to your Content. Cindercube may disclose your Content when required by law or legal process, but only after Cindercube, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.

3.3. Security. Cindercube will store and process your Content in a manner consistent with industry security standards. Cindercube has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of your Content.

4. Your Content

4.1. You Retain Ownership of Your Content. You retain ownership of all of your intellectual property rights in your Content. Cindercube does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.

4.2. Limited License to Your Content. You grant Cindercube a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services to you and as otherwise permitted by Cindercube’s privacy policies. This license for such limited purposes continues even after you stop using our Services, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of Cindercube’s business. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. If you provide Cindercube with feedback about the Services, we may use your feedback without any obligation to you.

4.3. Customer Lists. Cindercube may identify you (by name and logo) as a Cindercube customer on Cindercube’s website and on other promotional materials. Any goodwill arising from the use of your name and logo will inure to your benefit.

4.4. Copyright Claims (DCMA Notices). Cindercube LLC. responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been exploited in a way that constitutes copyright infringement, you may notify Cindercube’s support staff for claims of copyright infringement.

4.5. Other IP Claims. Cindercube respects the intellectual property rights of others, and we expect our users to do the same. If you believe a Cindercube user is infringing upon your intellectual property rights, you may report it to This email address is being protected from spambots. You need JavaScript enabled to view it. of copyright infringement should follow the DMCA process outlined in these Terms, or any equivalent process available under local law.

5. Cindercube IP

5.1. Cindercube IP. Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). Except as permitted by Cindercube’s Brand and Trademark Use Policy, these Terms do not grant you any right to use Cindercube’s trademarks or other brand elements.

6. User Content

6.1. User Content. The Services display content provided by others that is not owned by Cindercube. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. Cindercube is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.

6.2. Content Review. You acknowledge that, in order to ensure compliance with legal obligations, Cindercube may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, Cindercube otherwise has no obligation to monitor or review any content submitted to the Services.

6.3. Third Party Resources. Cindercube may publish links in its Services to internet websites maintained by third parties. Cindercube does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.

7. Account Management

7.1. Keep Your Password Secure. If you have been issued an account by Cindercube in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Cindercube, are responsible for any activity occurring in your account (other than activity that Cindercube is directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Cindercube immediately. Accounts may not be shared and may only be used by one individual per account.

7.2. Keep Your Details Accurate. Cindercube occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.

7.3. Remember to Backup. You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, Cindercube will not be liable for any failure to store, or for loss or corruption of, your Content.

7.4. Account Inactivity. Cindercube may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.

7.5. Customer Success. Cindercube may assign you a customer success manager (“CSM”). The CSM may review your use of the Services and your Content to help you to more effectively use the Services, including by providing reporting and usage insight.

8. User Requirements

8.1. Legal Status. If you are an individual, you may only use the Service if you have the power to form a contract with Cindercube. None of the Services are intended for use by individuals less than 13 years old. If you are under 13 years old or do not have the power to form a contract with Cindercube, you may not use the Services. We recommend that parents and guardians directly supervise any use of the Services by minors. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms. You represent and warrant that you will comply with all laws and regulations applicable to your use of the Services.

8.2. Embargoes. You may only use the Services if you are not barred under any applicable laws from doing so. If you are located in a country embargoed by United States or other applicable law from receiving the Services, or are on the U.S. Department of Commerce’s Denied Persons List or Entity List, or the U.S. Treasury Department’s list of Specially Designated Nationals, you are not permitted to purchase any paid Services from Cindercube. You will ensure that: (a) your

end users do not use the Services in violation of any export restriction or embargo by the United States; and (b) you do not provide access to the Services to persons or entities on any of the foregoing lists.

9. Acceptable Uses

9.1. Legal Compliance. You must use the Services in compliance with, and only as permitted by, applicable law.

9.2. Your Responsibilities. You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:

(a) You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.

(b) You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.

(c) You may not circumvent or attempt to circumvent any limitations that Cindercube imposes on your account (such as by opening up a new account if/when we have already closed your previous account for a Terms violation).

(d) Unless authorized by Cindercube in writing, you may not probe, scan, or test the vulnerability of any Cindercube system or network.

(e) Unless authorized by Cindercube in writing, you may not use any automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available.

(f) Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so.

(g) You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.

(h) You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. Cindercube will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to Cindercube.

(i) You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.

(j) Unless authorized by Cindercube in writing, you may not resell or lease the Services.

(k) If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless Cindercube has agreed with you otherwise. You may not use the Services in a way that would subject Cindercube to those industry-specific regulations without obtaining Cindercube’s prior written agreement. For example, you may not use the Services to collect, protect, or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under United States federal regulations) without entering into a separate business associate agreement with Cindercube that permits you to do so.

10. Suspension and Termination of Services

10.1. By You. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; or (b) a refund is required by law.

10.2. By Cindercube. Cindercube may terminate your Subscription at the end of a billing cycle by providing at least 30 days’ prior written notice to you. Cindercube may terminate your Subscription for any reason by providing at least 90 days’ written notice to you and will provide a pro rata refund for any period of time you did not use in that billing cycle. Cindercube may suspend performance or terminate your Subscription for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within 30 days after Cindercube has so notified you in writing; (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) you fail to pay fees for 30 days past the due date. Additionally, Cindercube may limit or suspend the Services to you if you fail to comply with these Terms, or if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services. Cindercube may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we limit, suspend, or terminate the Services you receive, we will endeavor to give you advance notice. However, there may be time sensitive situations where Cindercube may decide that we need to take immediate action without notice. Cindercube will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. Cindercube has no obligation to retain your Content upon termination of the applicable Service.

10.3. Further Measures. If Cindercube stops providing the Services to you because you repeatedly or egregiously breach these Terms, Cindercube may take measures to prevent the further use of the Services by you, including blocking your IP address.

11. Changes and Updates

11.1. Changes to Terms. Cindercube may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the Cindercube website. If an amendment is material, as determined in Cindercube’s sole discretion, Cindercube will notify you by email. Notice of amendments may also be posted to Cindercube’s blog or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require Cindercube to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.

11.2. Changes to Services. Cindercube constantly changes and improves the Services. Cindercube may add, alter, or remove functionality from a Service at any time without prior notice. Cindercube may also limit, suspend, or discontinue a Service at its discretion. If Cindercube discontinues a Service, we will give you reasonable advance notice to provide you an opportunity to limit the impact of any use of Service that may be affected by such change. Cindercube may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.

12. Disclaimers and Limitations of Liability

12.1. Disclaimers. While it is in Cindercube’s interest to provide you with a great experience when using the Services (and we love to please our customers), there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND CINDERCUBE DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.



12.4. Consumers. We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.

12.5. Businesses. If you are a business, you will indemnify and hold harmless Cindercube and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.

13. Contracting Entity

13.1. Who you are contracting with. Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with, Cindercube LLC.

13.2. Cindercube LLC. For any Service provided by Cindercube LLC., the following provisions will apply to any terms governing that Service:

  •  Contracting Entity. References to “Cindercube”, “we”, “us”, and “our” are references to Cindercube LLC., located at 1623 Central Avenue, Suite 18, Cheyenne, WY 82001, United States of America.
  • Governing Law. Those terms are governed by the laws of the State of Wyoming (without regard to its conflict of laws provisions).
  • Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in Laramie County, Wyoming, and the US District Court of Wyoming with respect to the subject matter of those terms.

14. Other Terms

14.1. Assignment. You may not assign these Terms without Cindercube’s prior written consent, which may be withheld in Cindercube’s sole discretion. Cindercube may assign these Terms at any time without notice to you.

14.2. Entire Agreement. These Terms (including the Additional Terms) constitute the entire agreement between you and Cindercube, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.

14.3. Independent Contractors. The relationship between you and Cindercube is that of independent contractors, and not legal partners, employees, or agents of each other.

14.4. Interpretation. The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.

14.5. No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.

14.6. Precedence. To the extent any conflict exists, the Additional Terms prevail over this TOU with respect to the Services to which the Additional Terms apply.

14.7. Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.

14.8. Third Party Beneficiaries. There are no third party beneficiaries to these Terms.

14.9. Survival. The following sections will survive the termination of these Terms: 1, 2, 3, 4.2, 10, 12, 13, and 14.

15. Terms for Certain Customers and Countries

15.1. Language. These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.

15.3. Country-Specific Terms. If you are located in one of the following locations, the terms thereunder apply.


AU1. ACL. Nothing in these Terms will restrict, exclude, or modify, or purport to restrict, exclude, or modify, any statutory consumer rights under the Competition and Consumer Act 2010 (Cth).


BR1. Additional Responsibilities. If you are younger than 16 years old, you must be represented by your parents or guardians in order to agree to these Terms and to use the Services. If you are aged 16 or 17, you must be assisted by your parents or guardians to agree to these Terms and to use the Services.

BR2. Right of Withdrawal. If you are a consumer, you may withdraw your Subscription within 7 days of the date your Subscription first starts by sending us a notice of withdrawal. If you withdraw your Subscription under this Section, the fees you paid for that Subscription will be refunded upon Cindercube’s receipt of your notice of withdrawal.

BR3. Consumer Rights. If you are a consumer: (a) statutory warranties provided in the Law No. 8.078/1990 (“Consumer Protection Code”) apply to you despite anything to the contrary in Section 12.1 (Disclaimers); (b) Section 12.2 (Exclusion of Certain Liability) will not apply to you in relation to the damages caused to you due to defects in the Services, as provided by Article 14 of Law No. 8.078/1990 (“Consumer Protection Code”); and (c) Section 12.3 (Limitation of Liability) will not apply to you.


EU1. Right of Withdrawal. In certain European countries, you have a legal right to cancel Subscriptions within a certain period of time. For details, see the country-specific terms for your country and our Subscription Cancellation Policy (Europe only).


FR1. Overdue Payments. Overdue payments may result in a penalty at an interest rate equal to 3 times the legal interest rate or the statutory minimum rate, whichever is higher. Additionally, the statutory penalty for collection costs may be payable by you in the event of late payment.

FR2. Right of Withdrawal. If you are a consumer, starting from the date your Subscription first starts, you have 14 days to exercise your right of withdrawal without cause, provided that you have not benefited from or started to use the Services before the end of that 14 day period.

FR3. Media. The limited license you grant to Cindercube under Section 4.2 (Limited License to Your Content) allows Cindercube to exploit your Content in any form and on any medium, including paper or digital media such as hard disks and flash drives, and by any means or process, including by wired, wireless, or online transmission of digitized or analog data. The duration of such limited license extends only for the legal term of protection of the intellectual property rights attached to your Content.

FR4. Warranties. If you are a consumer, statutory warranties and the warranty of merchantability apply to you despite anything to the contrary in these Terms. Any disclaimer of warranties in these Terms does not derogate from any of your statutory warranty rights listed below:

Article R. 211-4 of the French Consumer Code: “In contracts entered into between professionals, on the one hand, and, on the other hand, non-professionals or consumers, the professionals cannot contractually warrant the item to be delivered or the service to be rendered without clearly stating that, whatever the circumstances, the legal warranty binding the professional seller to cover the purchaser against any consequences of faults or hidden defects in the item being sold or the service being rendered, applies.”

Article L. 211-4 of the French Consumer Code: “The seller is required to deliver a product which is conformed to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.”

Article L. 211-5 of the French Consumer Code: “To be in conformity with the contract, the product must: (1) be suitable for the purpose usually associated with such a product and, if applicable: correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model; [and] have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labeling; or (2) have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.”

Article L. 211-12 of the French Consumer Code: “Action resulting from lack of conformity lapses two years after delivery of the product.”

Article 1641 of the French Civil Code: “A seller is bound to a warranty on account of the latent defects of the product sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.”

Article 1648 §1 of the French Civil Code: “The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice”.

FR5. Limitation. Section 12.3 (Limitation of Liability) does not apply to you if you are a consumer.


DE1. Right of Withdrawal. If you are a consumer, you may withdraw your contractual declaration within 14 days without giving reasons in text form (e.g. by mail, fax, email). The time period commences upon your receipt of this information notice in textual form, but not before the conclusion of the contract and also not before we have met our information requirements as set forth under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 of the Introductory Act to the German Civil Code and our information requirements under § 312 g paragraph 1, first sentence German Civil Code in conjunction with Article 246 § 3 of the Introductory Act to the German Civil Code. Punctual dispatch of the declaration of withdrawal suffices to observe the withdrawal period. The declaration of withdrawal has to be directed to our customer support team by email to This email address is being protected from spambots. You need JavaScript enabled to view it..

DE2. Consequences of Withdrawal. In the case of a valid withdrawal, the mutually received deliverables shall be returned and any benefits obtained, if any (e.g. interest), shall be handed over. To the extent that you are unable to return or, where applicable, to deliver up the received deliverable and benefits obtained (e.g. use and enjoyment) in whole or in part, or only in a deteriorated condition, you may have to compensate us accordingly for loss of value, if any. This may possibly lead to the result that you will nevertheless have to fulfill the contractually owed payment obligations for the time period until withdrawal. Any obligation to reimburse payments must be fulfilled within 30 days. The period for the payment of costs will begin, in your case, with the dispatch of your declaration of withdrawal and in our case, upon receipt of same.

DE3. Special Notifications. Your right of withdrawal expires prematurely if the contractual relationship was fully discharged by both sides at your explicit request before you have exercised your right of withdrawal.

DE4. Termination for Breach. A failure to comply with these Terms must be material, repeated, or persistent before Cindercube may exercise its right of termination under Section 10.2 (By Cindercube).

DE5. Specific Works. Cindercube is not obliged to create any specific works for you.

DE6. Liability Provisions. Sections 12.2 (Exclusion of Certain Liability) and 12.3 (Limitation of Liability) do not apply and are replaced with the following: “Cindercube’s liability to you for damages caused by slight negligence will, irrespective of its legal ground, be limited as follows: (a) Cindercube will be liable up to the amount of foreseeable damages typical for this type of contract for a breach of material contractual obligations; and (b) Cindercube shall not be liable for a breach of any non-material contractual obligations nor for the slightly negligent breach of any other applicable duty of care. The foregoing limitations of liability, as well as any other limitations of liability contained in these Terms, will not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused personal injuries. Additionally, such limitations of liability will not apply if and to the extent that Cindercube has assumed a specific guarantee. The foregoing shall apply accordingly to Cindercube’s liability to you for futile expenses. You are obliged to take adequate measures to avert and reduce damages.”


JP1. Liability. Sections 12.2 (Exclusion of Certain Liability) and 12.3 (Limitation of Liability) shall not apply in relation to the damages caused by the willful misconduct or gross negligence of Cindercube, its affiliates, officers, employees, agents, supplier, or licensors.


KR1. Right of Withdrawal. If you are a consumer, you may withdraw your Subscription within 7 days of the date your Subscription first starts (or the date a copy of these Terms are made available to you, if later), provided that you have not benefited from or started to use the Services before the end of that 7 day period. If you withdraw your Subscription under this paragraph, the fees you paid for that Subscription will be refunded within 3 business days of receiving your notice of withdrawal.

KR2. Assignment. Despite anything to the contrary in these Terms, if you are a consumer, we will provide you with advance notice of assignment and an opportunity to terminate these Terms as required by Korean law.


LU1. Survival. Sections of these Terms which are expressly stated to survive its termination will not survive indefinitely, but survive for a period of 30 years.