Terms of Use

1. Important notice

Please read carefully the sections on accounts, fees and subscriptions, your content, drawing and engineering risks, changes to the Services, disclaimers, limitation of liability, indemnification and dispute resolution. These sections may significantly affect your rights.

The disclaimers and limitations of liability in these Terms apply to the maximum extent permitted by applicable law. They do not exclude liability that cannot be excluded or limited by law, such as liability for death or personal injury caused by our gross negligence or wilful misconduct, or for fraud.

3. License and restrictions

• Provided that you comply with these Terms and hold the relevant entitlement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the software on devices you lawfully own or control, within the scope of the benefits you have obtained. All rights not expressly granted are reserved by us or our licensors.
• Without our written permission, you may not copy, rent, sell, sublicense, mirror, scrape, modify, crack, reverse engineer, decompile or disassemble the software or any SDK, or bypass any signature, license, device binding, subscription, usage limit, storage limit, rate limit, watermark or other technical protection measure, except to the extent such restriction is prohibited by law.
• You may not use plug-ins, cheats, scripts, bots, simulated requests, packet replay, malicious automation or undocumented interfaces to interfere with the Services, and you may not use the software, interfaces, rendering output, test data or technical information to develop, train, benchmark or promote a product that competes with ours.
• Open-source components are licensed under their own licenses; nothing in these Terms limits the rights granted to you under those licenses.

5. Your content and the license you grant us

• You are solely responsible for the drawings, project files, annotations, measurements, photos, audio, text and other content you upload, import, create, edit, share, transmit or store (“Your Content”), and you warrant that you have all rights and authorizations necessary to do so.
• Intellectual property rights in Your Content remain with you or the original right holder. To provide upload, storage, backup, conversion, thumbnail and preview generation, synchronization, sharing, download, fault recovery and security checks, you grant us a worldwide, non-exclusive, royalty-free license, sublicensable to our technical service providers, to host, copy, process, transmit and display Your Content to the extent and for the duration necessary for these purposes.
• You may not upload or process content that infringes intellectual property, privacy, trade secrets, confidentiality obligations, surveying or mapping regulations, export control laws or any other third-party right. You are responsible for handling, and bear all liability for, any complaint, claim, investigation or dispute arising from Your Content.
• Unless otherwise agreed in writing, we do not acquire ownership of your drawings and we do not use your private drawings for public display, advertising or training general-purpose artificial intelligence models.
• To operate and improve the Services, we may analyze data that has been de-identified or anonymized so that it no longer identifies you, and we may perform the technical processing required for the features you use (such as drawing parsing, format conversion, thumbnail and preview generation, search, compatibility work and fault diagnosis). This does not make your drawings public.

6. Drawings, engineering data and confidentiality

• CAD files may contain trade secrets, unpublished engineering information, personal information, surveying results, classified information or information subject to export control or industry regulation. Before uploading, sharing or transferring files, you must complete any necessary permission review, declassification, approval and recipient authorization.
• The Services are not a substitute for engineering design, construction, inspection, cost estimation, surveying, fire safety, safety assessment or any other professional judgment. Displayed drawings, font substitution, external references, layers, layouts, scales, coordinates, measurements, conversions, printouts and exports must be checked by qualified professionals.
• Differences in display or editing caused by different CAD applications, versions, fonts, linetypes, plot styles, OLE objects, external references, encryption or file corruption do not constitute a breach by us. You may not rely on output from the Services as the sole basis for construction, inspection, settlement or safety decisions.

8. Subscriptions, payments and refunds

• Plan names, prices, periods, device limits, storage, features, promotional conditions and supported platforms are as shown on the purchase page and the order confirmation. Benefits may differ by version, channel and promotion.
• Digital services are normally activated immediately after payment. Subscription benefits are linked to your XCubeCAD account and can be used on every device where you sign in with that account. Benefits are a right of use under your account and are not transferable property.
• We may change subscription prices, tiers and promotions based on costs, exchange rates, taxes, store policies, market conditions and business needs. Price changes apply only to purchases or renewals made after the change takes effect and do not affect periods you have already paid for.
• The specific features included in Pro may be added, removed or adjusted as the product evolves (see Section 4). Changes to individual non-core features do not by themselves entitle you to terminate or to a refund.
• Coupons, free benefits, trials and promotional prices cannot be exchanged for cash, transferred or reused, and may be limited to one per account, email address, device or payment account. If a refund is made, we may withdraw benefits, gifts and discounts already used.
• You may not obtain improper benefits through refunds, chargebacks, fake transactions, bulk accounts or payment vulnerabilities. If a chargeback, payment reversal or verified abnormal transaction occurs, we may immediately suspend the related benefits until the matter is resolved and may seek recovery.
• If we terminate the Services for you under Section 13 because you seriously breached these Terms, the law or third-party rights, then to the extent permitted by law we will not refund fees paid for the remaining subscription period.

9. Auto-renewable subscriptions (App Store and Google Play)

When you subscribe in the iOS app or the Android app, the subscription is sold and charged by Apple App Store or Google Play, which acts as the merchant for that transaction. This section prevails over other sections of these Terms with respect to such subscriptions.

• Content and periods: Pro membership with monthly, quarterly and yearly periods, giving access to the Pro features listed on the purchase page during the subscription period.
• Price and payment: the price and currency for each period are those shown in the store at the time of purchase. Payment is charged to your Apple ID or Google account at confirmation of purchase.
• Automatic renewal: the subscription renews automatically unless auto-renew is turned off at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period, at the renewal price, and the subscription is extended by the same period.
• Managing and cancelling: you can turn off auto-renew or change the period at any time in your App Store or Google Play account settings, or from “Manage Subscription” on the membership page in the app. Cancellation takes effect at the end of the current paid period; benefits for the paid period are not affected.
• Price changes: we may change the price of future periods. Price changes are handled under the store’s rules then in effect. If you do not accept a new price, turn off auto-renew before the next period begins.
• Introductory offers and free trials, if any, are as shown in the store at the time of purchase and are normally limited to one per Apple ID or Google account and per XCubeCAD account. We may revoke offers and benefits obtained through bulk registration or other evasive means.
• Refunds: refunds for store purchases are handled solely by Apple or Google under their refund policies; we cannot issue refunds for those purchases directly. If Apple or Google refunds or revokes a purchase, we will withdraw or adjust the corresponding benefits.
• Restore purchases: after changing or reinstalling a device, sign in to the XCubeCAD account used for the purchase and tap “Restore Purchases”. To protect account security, a subscription cannot be moved to a different XCubeCAD account. To the extent permitted by law, we are not liable for benefits activated on an unintended account because you signed in to the wrong account.
• Cross-platform purchases: if you already have an auto-renewable store subscription and pay again on another platform, the benefits on your account are combined and extended, but the store subscription continues to renew until you cancel it. Refunds for duplicate charges caused by not cancelling must be requested from the relevant store; extending benefits is not a refund.
• Store-side issues: failed charges, interrupted subscriptions or delayed activation caused by insufficient balance, invalid payment methods, billing disputes, regional restrictions, family sharing settings, store outages or store policy changes do not constitute a breach by us. We will reasonably help investigate and will activate benefits after receiving a valid transaction or notification from the store.

10. Apple App Store additional terms

This section applies only if you obtained the app from the Apple App Store and sets out the minimum terms required by Apple. These Terms are the license agreement for the app; if Apple’s standard Licensed Application End User License Agreement is presented to you instead, these Terms supplement it and prevail to the extent permitted by Apple. If you obtained the app from Google Play, the Google Play Terms of Service also apply to your purchase.

• Parties: these Terms are concluded between you and the Company only, and not with Apple. The Company, not Apple, is solely responsible for the app and its content.
• License: for the iOS app, the license granted to you is a non-transferable license to use the app on Apple-branded products that you own or control, as permitted by the Usage Rules in the App Store Terms of Service.
• Maintenance and support: the Company is solely responsible for providing maintenance and support for the app. Apple has no obligation to furnish any maintenance or support services.
• Warranty: if the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app; any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are the Company’s responsibility, subject to the limitation of liability in Section 15 except where mandatory law provides otherwise.
• Product claims: the Company, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and use of the app, including product liability claims, claims that the app fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
• Intellectual property claims: in the event of any third-party claim that the app or your possession and use of the app infringes that third party’s intellectual property rights, the Company, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
• Legal compliance: you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-party terms: you must comply with applicable third-party terms when using the app, such as your wireless data service agreement.
• Third-party beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, Apple will have the right to enforce these Terms against you as a third-party beneficiary.
• Contact: questions, complaints or claims regarding the app should be directed to Guangzhou Tucexin Technology Co., Ltd. at support@xcubecad.com.

15. Disclaimers and limitation of liability

• To the maximum extent permitted by law, the Services are provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that the Services will be error-free or uninterrupted, will work with every file, or will meet your particular business, engineering or compliance purposes.
• Losses caused by unlawful or unauthorized content, user error, lack of backups, compromised accounts, device or network failures, third-party service problems, malicious attacks, force majeure or regulatory measures shall be borne by the party responsible under applicable law.
• To the maximum extent permitted by law, we are not liable for any loss of profits, goodwill, business opportunity, business interruption, loss of data, cost of substitute services, or any indirect, incidental, special, consequential or punitive damages.
• Except where mandatory law provides otherwise, our total aggregate liability arising from any single event or series of related events is limited to the total fees you actually paid for the directly related Services in the 12 months before the event. For free Services, our total aggregate liability is limited to US$15.
• These limitations do not apply to death or personal injury caused by our wilful misconduct or gross negligence, or to any liability that cannot be limited or excluded by law. Nothing in these Terms limits rights you have as a consumer that cannot be limited under the law of your country of residence.

16. Indemnification

If your breach of these Terms, the law, confidentiality obligations or any third-party right causes the Company, its affiliates, employees or partners to face complaints, claims, penalties, litigation, arbitration or data handling obligations, you shall handle the matter and indemnify us for the reasonable losses we suffer, including compensation paid, attorneys’ fees, notarization fees, appraisal fees, investigation costs and travel expenses. To the extent permitted by law, we may set off such amounts against any amounts owed to you or seek recovery separately.

18. Governing law and dispute resolution

• The formation, validity, performance, interpretation and dispute resolution of these Terms are governed by the laws of the People’s Republic of China (excluding the laws of Hong Kong, Macau and Taiwan), without regard to conflict-of-law rules.
• Any dispute shall first be resolved through friendly negotiation. If negotiation fails, either party may bring the dispute before the competent people’s court at the Company’s place of domicile (Guangzhou, China), except where mandatory consumer protection laws of your country of residence give you the right to bring proceedings elsewhere.
• To the extent permitted by applicable law, any proceedings shall be conducted on an individual basis only, and not as a class, collective or representative action.
• You must comply with all applicable export control and sanctions laws when using the Services and may not use them in, or provide access to, any embargoed country or restricted party.
• We are not liable for any failure or delay caused by events beyond our reasonable control, including natural disasters, epidemics, war, terrorism, riots, government actions, power or network outages, and attacks on our systems.
• We may assign or transfer these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, reorganization or sale of assets. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
• These Terms, together with our Privacy Policy and any purchase terms shown at the time of purchase, constitute the entire agreement between you and us regarding the Services.
• If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force. Our failure or delay in exercising any right is not a waiver of that right. These Terms are drafted in English and Chinese may be provided for reference; if there is any inconsistency, the English version prevails for the XCubeCAD Services, subject to Section 19 for consumers in Brazil.
• Operator: Guangzhou Tucexin Technology Co., Ltd.. Address: Unit D16, Room 680, 6th Floor, Building 2, No. 96 Banhe Road, Huangpu District, Guangzhou, Guangdong Province, People’s Republic of China. Email: support@xcubecad.com.

19. Additional terms for consumers in Brazil

This section applies only if you reside in Brazil and use the Services as a consumer within the meaning of the Brazilian Consumer Defense Code (Código de Defesa do Consumidor, Law No. 8,078/1990, the “CDC”). To the extent of any conflict, this section prevails over the other sections of these Terms for such consumers.

• Consumer rights: nothing in these Terms excludes or limits any right you have under the CDC or other mandatory Brazilian law. The disclaimers, limitations of liability, indemnities and other provisions of these Terms apply to you only to the extent permitted by the CDC.
• Court: notwithstanding Section 18, where mandatory Brazilian law so requires, proceedings brought by or against you as a consumer may be heard by the courts of your domicile in Brazil.
• Language: a Portuguese (Brazil) version of these Terms is provided to comply with the duty to inform consumers in Portuguese. If there is any discrepancy between the English and Portuguese versions, the English version prevails, except where Brazilian law requires that the interpretation more favourable to the consumer be applied, in which case that interpretation applies.
• Right of withdrawal: subscriptions purchased in the iOS or Android app are sold and charged by Apple App Store or Google Play (see Section 9). Requests to withdraw from, cancel or obtain a refund for such purchases, including under Article 49 of the CDC, are submitted to and handled by Apple or Google under their policies and applicable law. When Apple or Google refunds or revokes a purchase, we withdraw or adjust the corresponding benefits. If we ever sell a subscription to you directly rather than through an app store, you may withdraw from that purchase within 7 days of the purchase by contacting us, as provided by Article 49 of the CDC.
• Customer service: consumer questions, complaints and requests may be sent to support@xcubecad.com.