SalaryCube Terms of Service

Effective Date: May 1st, 2025

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (“You,” “Your,” or “Customer”) AND SALARYCUBE, INC. (“SalaryCube,” “we,” “us,” or “our”) GOVERNING YOUR USE OF THE SALARYCUBE WEBSITE AND SOFTWARE-AS-A-SERVICE PLATFORM (THE “SERVICE”).

1. Acceptance of Terms

You must be of legal age to enter into a binding agreement. By using the Services, accepting these Terms through a checkbox or click, purchasing a subscription, or continuing to use the Services after receiving notice of changes to these Terms, you agree to be bound by them. If you do not agree, you may not use the Services.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Description of Service

SalaryCube provides compensation studies, data analysis, and research tools via a software-as-a-service platform. Services may include features for data upload, benchmarking, job matching, analytics, compensation planning, and related HR tools. The specific features available to you depend on your subscription level.

3. Subscription Terms and Billing

3.1 Subscription Plans

SalaryCube offers various subscription plans with different features and user limits. Your specific subscription terms, including duration, pricing, number of authorized users, and features, are specified in your invoice, order form, or account dashboard.

3.2 Payment Terms

Annual Subscriptions: Fees are billed annually in advance unless otherwise specified in your invoice.
Multi-Year Subscriptions: May be billed annually or in full upfront, as specified in your order.
Payment Due: Net 30 days from invoice date unless otherwise stated.
Late Payments: Overdue amounts may incur interest at 1.5% per month or the maximum rate allowed by law, whichever is lower.

3.3 Multi-Year Pricing

Multi-year subscription discounts are contingent on your commitment to the full subscription term. Early termination of multi-year subscriptions may result in adjustment to standard pricing rates and additional fees as outlined in Section 15.

3.4 Price Changes

We may adjust pricing for renewal periods with at least 30 days’ written notice. Current subscription terms will not be affected by price changes until renewal.

3.5 Renewal

Subscriptions do not automatically renew. We will notify you prior to expiration, and renewal requires mutual agreement, which may be indicated by payment of a renewal invoice, execution of a renewal order, or email confirmation.

4. User Access and License

4.1 License Grant

Subject to your compliance with these Terms and payment of applicable fees, SalaryCube grants you a non-exclusive, non-transferable right to access and use the Services during your subscription term solely for your internal business operations.

4.2 Authorized Users

Your subscription includes access for a specified number of named users (“Authorized Users”) as indicated in your invoice or order form. You may add additional users by mutual written agreement, which may incur additional fees.

4.3 User Management

You are responsible for:

Maintaining accurate user account information
Managing and controlling access to your account
Ensuring all Authorized Users comply with these Terms
Promptly notifying us of any unauthorized access

5. Use Restrictions

You and your Authorized Users may not:

Use the Services for any purpose outside your internal compensation, HR planning, and related business operations
Reverse engineer, decompile, disassemble, or attempt to derive source code or underlying algorithms
Copy, alter, modify, adapt, translate, or create derivative works from the Services
Resell, sublicense, or otherwise make the Services available to third parties without written consent
Permit access by anyone other than employees or authorized contractors bound by confidentiality obligations
Use the Services to create competing compensation data tools or software
Transmit unlawful, infringing, harmful, or abusive content
Upload data you are not lawfully permitted to disclose
Remove or obscure proprietary notices or labels

6. Salary Data Usage Rights

6.1 Permitted Use

You may use salary data accessed through the Services solely for your internal compensation benchmarking, market pricing, and related business planning purposes.

6.2 Restrictions

You may not:

Disclose, publish, resell, or distribute salary data to third parties without prior written consent
Use the data for competitive intelligence, consulting services, or third-party analytics
Share access credentials or data outputs outside your organization
Create derivative databases or datasets based on our salary data

6.3 Data Accuracy Disclaimer

SalaryCube does not guarantee the completeness, accuracy, or suitability of salary data for any specific use. You assume full responsibility for data interpretation and application. The salary data is provided as general business information and does not constitute legal, financial, or professional advice.

7. Customer Data and Privacy

7.1 Customer Data Ownership

You retain ownership of all data, content, and information you upload or input into the Services (“Customer Data”).

7.2 SalaryCube’s Use of Customer Data

SalaryCube may access, process, and use Customer Data to:

Provide and improve the Services
Create aggregated, anonymized benchmarking data that cannot reasonably be used to identify Customer or any individual
Conduct research and analysis for service enhancement
Comply with legal obligations

No Customer-specific or personally identifiable information will be disclosed in aggregated analyses.

7.3 Data Security

We implement and maintain industry-standard technical and organizational measures to protect Customer Data and comply with applicable data protection laws. In the event of a data security incident affecting Customer Data, we will notify you without undue delay, and in any event within 72 hours, after becoming aware of the incident. Detailed information is available in our Privacy Policy. For international customers or those with specific compliance requirements, additional data protection terms are available in our Data Processing Addendum at https://www.salarycube.com/dpa.

7.4 Data Export and Portability

You may export your Customer Data at any time during your subscription term through available export features or by contacting support.

8. Service Levels and Support

8.1 Availability

We strive to maintain high service availability with a target of 99.5% monthly uptime. Scheduled maintenance will be announced in advance when possible.

8.2 Support

SalaryCube provides email-based support Monday through Friday, 9:00 AM – 6:00 PM Pacific Time, excluding U.S. holidays. Support requests should be submitted via our designated support channels. We generally acknowledge requests within one business day.

8.3 Service Credits

For customers with annual subscriptions over $10,000, service credits may be available for extended outages that result in monthly uptime falling below our 99.5% target. Service credits are calculated on a prorated basis and constitute Customer’s sole and exclusive remedy for availability issues of any kind. Service credits are not available for subscriptions under $10,000 annually.

9. Intellectual Property

9.1 SalaryCube Property

All rights, title, and interest in the Services, including software, algorithms, data models, and related intellectual property, remain the exclusive property of SalaryCube and our licensors.

9.2 Feedback

Any suggestions, feedback, or improvements you provide regarding the Services may be used by SalaryCube without restriction or compensation.

9.3 Trademark Usage

You may not use SalaryCube trademarks, logos, or service marks without our prior written permission.

10. Confidentiality

10.1 Mutual Obligations

Each party agrees to protect the other party’s Confidential Information using reasonable care and not to disclose it to third parties except as required by law or permitted under these Terms.

10.2 Definition

“Confidential Information” includes all non-public business, technical, financial, and proprietary information, including SalaryCube data, Customer Data, and service specifications.

10.3 Permitted Disclosures

Confidential Information may be disclosed to employees, affiliates, or vendors on a need-to-know basis under similar confidentiality obligations, or as required by law with notice when possible.

11. Account Management and Communications

11.1 Account Information

You agree to provide and maintain accurate, complete account information and promptly update any changes.

11.2 Communications

You agree to receive service-related communications via email. You may opt out of non-essential marketing communications while remaining subscribed to important service announcements.

11.3 Organization Accounts

If you’re using the Services on behalf of an organization, you may designate administrators. You’re responsible for managing internal access and are liable for all user activity under your account.

12. Compliance and Legal Use

12.1 Legal Compliance

You agree to use the Services in compliance with all applicable laws and regulations, including U.S. export control and sanctions laws.

12.2 Complaint Response

If we receive complaints regarding your use of the Services, you must respond within 10 business days. Failure to respond may result in sharing your contact information with the complainant.

12.3 Inactive Accounts

Unpaid accounts inactive for 120 days may be terminated after notice.

13. Suspension and Account Actions

13.1 Suspension Rights

We may suspend your access to the Services for:

Non-payment of fees after notice
Material breach of these Terms
Legal violations or court orders
Protection of our systems or other users

13.2 Notice and Cure

Where possible, we will provide notice and opportunity to cure before suspension, except in cases requiring immediate action.

14. Warranties and Disclaimers

14.1 Mutual Warranties

Each party represents that it has the authority to enter into these Terms and that performance will not violate any other agreement.

14.2 Service Disclaimer

THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. SALARYCUBE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

15. Term and Termination

15.1 Subscription Term

Your subscription term begins on the effective date specified in your invoice and continues for the duration specified in your order.

15.2 Termination for Cause

Either party may terminate for material breach if the breach remains uncured 30 days after written notice. Material breaches include:

Failure to pay undisputed fees within 45 days after notice
Breach of confidentiality obligations
Violation of use restrictions or license terms
Any other uncured material breach

15.3 Customer Termination for Convenience

You may terminate your subscription with 90 days’ written notice. Early termination fees apply to multi-year subscriptions:

During Year 1: 25% of remaining subscription fees
During Year 2 and thereafter: 10% of remaining subscription fees

15.4 Effect of Termination

Upon termination:

Your access to the Services immediately ceases
You remain liable for all fees incurred through the termination date
If we terminate for your material breach, all remaining subscription fees become immediately due
If you terminate for our material breach, we will refund prepaid fees on a prorated basis
You must export any Customer Data you wish to retain within 30 days

15.5 Data Retention

SalaryCube will retain Customer Data for at least 30 days after termination to permit export; deletion may occur any time thereafter. You are responsible for exporting data before termination.

16. Indemnification

16.1 SalaryCube Indemnification

We will defend and indemnify you against third-party claims that the Services infringe valid intellectual property rights, provided you give prompt notice and reasonable cooperation. Our obligations do not apply to modifications you make or use outside the scope of these Terms. If the Services are enjoined, SalaryCube may (i) procure a license, (ii) replace or modify the Services, or (iii) terminate the affected Services and refund prepaid fees.

16.2 Customer Indemnification

You will defend and indemnify us against claims arising from:

Your misuse of the Services
Your breach of these Terms
Your Customer Data or content
Your violation of applicable laws

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

17.1 Excluded Damages

NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

17.2 Liability Cap

EACH PARTY’S TOTAL LIABILITY IS LIMITED TO THE FEES PAID BY CUSTOMER IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

17.3 Exceptions

These limitations do not apply to:

Breaches of confidentiality
Indemnification obligations
Gross negligence or willful misconduct
Data security breaches resulting from our failure to implement reasonable safeguards

18. Dispute Resolution

18.1 Governing Law

These Terms are governed by California law, without regard to conflict of law principles.

18.2 Arbitration

Disputes will be resolved through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association in Santa Clara County, California. Either party may seek injunctive relief in court when necessary to protect intellectual property or confidential information.

18.3 Class Action Waiver

You agree not to participate in class actions or representative proceedings against SalaryCube.

19. Force Majeure

Neither party shall be liable for delays or failures due to events beyond reasonable control, including natural disasters, internet failures, cyberattacks, acts of war, terrorism, or government actions.

20. Beta Services

Certain pre-release or beta features (“Beta Services”) may be provided at SalaryCube’s discretion. Beta Services are offered as-is, may be modified or withdrawn at any time, carry no SLA, support commitment, or indemnity, and are excluded from Service Credits.

21. General Provisions

21.1 Modification of Terms

We may modify these Terms at any time by posting updated terms on our website and notifying you via email. Continued use after the effective date constitutes acceptance. If you do not agree to changes, you may terminate within 30 days for a prorated refund of prepaid fees.

21.2 Assignment

You may not assign these Terms without our prior written consent. SalaryCube may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all assets.

21.3 Severability

If any provision of these Terms is found unenforceable, the remainder shall remain in full force and effect.

21.4 Entire Agreement

These Terms, together with your invoice or order form and our Privacy Policy, constitute the entire agreement between the parties. If there is a direct conflict between these Terms and an Order Form, the Order Form prevails.

21.5 Notices

Notices may be sent via email to the addresses designated in your account or to legal@salarycube.com for SalaryCube. Notices are effective when sent unless a delivery failure occurs.

21.6 Survival

The following provisions survive termination: Confidentiality, Intellectual Property, Use Restrictions, Limitation of Liability, Indemnification, Dispute Resolution, Data Usage Rights, Termination terms, and any payment obligations.

21.7 Enterprise Amendments

Enterprise customers (annual subscriptions over $50,000) may request amendments to these Terms through separate written agreement. Standard terms apply unless specifically modified in writing.

Contact Information:

Support: support@salarycube.com
Legal: legal@salarycube.com
Billing: accounts@salarycube.com

SalaryCube, Inc.

1001 Wilshire Blvd #2068

Los Angeles, CA 90017

SalaryCube Terms of Service