Terms of Service
Effective Date: November 1, 2026
These Terms of Service ("Terms") govern your access to and use of the Outcubate website, services, and related offerings. By accessing our website, submitting company information, or engaging Outcubate for advisory or evaluation services, you agree to these Terms.
In these Terms, "Outcubate," "we," "us," and "our" refer to Outcubate and its authorized representatives. "You" and "your" refer to the individual, founder, company, or other entity using our services.
1. Description of Services
Outcubate provides startup evaluation, business advisory, strategic guidance, and related services to entrepreneurs and early-stage companies.
Our services may include:
- Evaluation of startup concepts, products, technologies, business models, and management teams.
- Market research, competitive analysis, and assessment of commercial opportunities.
- Product development, technology strategy, and commercialization guidance.
- Business positioning, go-to-market strategy, and customer acquisition recommendations.
- Identification of potential funding sources, investors, and strategic partners.
- Introductions to venture capital firms, angel investors, and other business partners.
- Fractional technology, marketing, financial, and business leadership services.
The specific scope of services, deliverables, fees, and engagement terms may be established separately in writing.
2. Submission of Company Information
You may voluntarily submit information about yourself, your company, products, technologies, business plans, financial projections, funding requirements, and other related materials for evaluation or advisory purposes.
By submitting such information, you represent that:
- You have the authority and necessary rights to provide the information and materials.
- Your submission does not knowingly violate the intellectual property, confidentiality, or other legal rights of another party.
- You have obtained any necessary authorization from your company or other relevant parties to share the submitted information.
- The information you provide is accurate to the best of your knowledge.
You are responsible for determining what information is appropriate to submit. We recommend that you do not submit trade secrets, proprietary source code, patent-sensitive technical details, or other highly sensitive information unless appropriate confidentiality arrangements have been established separately in writing.
3. Use of Submitted Materials
You grant Outcubate a limited, non-exclusive, royalty-free right to access, reproduce, process, analyze, and use the materials you submit solely as reasonably necessary to:
- Provide the requested evaluation, advisory, and consulting services.
- Prepare reports, assessments, recommendations, and presentations.
- Conduct research and analysis relating to your company and its business opportunities.
- Facilitate potential investor introductions, funding opportunities, and strategic relationships, consistent with the sharing provisions of our Privacy Policy and any applicable authorizations.
This permission does not transfer ownership of your intellectual property or company materials to Outcubate.
Outcubate will not claim ownership of your submitted business plans, products, inventions, or proprietary technologies merely because you have provided them for evaluation.
4. Confidentiality and Non-Disclosure
Submitting information to Outcubate, including through our website or an initial evaluation process, does not by itself establish a nondisclosure agreement (NDA), fiduciary relationship, or other contractual confidentiality obligation.
Unless a separate written agreement expressly provides otherwise:
- Outcubate does not undertake to treat all submitted company information as confidential.
- Information may be shared with selected investment partners, venture capital firms, angel investors, and strategic partners as described in our Privacy Policy and subject to applicable authorizations.
- Outcubate may use third-party service providers, including commercial AI services, to process submitted information in connection with providing its services.
- Outcubate does not guarantee that independent investors or other recipients of information will sign or be bound by an NDA.
Where a specific engagement requires additional confidentiality protections, the parties may enter into a separate written NDA or other confidentiality agreement. Any such agreement will govern to the extent of a conflict with these Terms.
5. Intellectual Property
Your Intellectual Property
You retain ownership of intellectual property and proprietary materials that you own or control and submit to Outcubate.
Nothing in these Terms transfers ownership of your inventions, software, source code, trademarks, patents, business plans, or other proprietary materials to Outcubate.
Outcubate Intellectual Property
Outcubate retains ownership of its proprietary methodologies, evaluation frameworks, analytical tools, software, databases, templates, research processes, and other materials developed independently of your submissions.
Reports and other deliverables prepared specifically for you may be subject to additional ownership and usage provisions established in a separate written engagement agreement.
General Knowledge and Experience
Nothing in these Terms prevents Outcubate or its advisors from using general skills, experience, knowledge, and professional expertise acquired while providing services, provided that such use does not disclose information protected by a separate confidentiality agreement or applicable law.
6. Investor Introductions and Funding Opportunities
Outcubate may identify and introduce founders to venture capital firms, angel investors, investment groups, corporate partners, and other potential sources of funding or strategic collaboration.
You acknowledge and agree that:
- Outcubate does not guarantee that your company will receive funding, investment offers, or investor introductions.
- Investors independently evaluate investment opportunities and make their own decisions.
- Outcubate does not control the investment decisions, due diligence processes, or actions of independent investors.
- An introduction does not imply an endorsement, commitment, or investment recommendation by the recipient.
- Any investment transaction is subject to separate negotiations and agreements between the relevant parties.
Unless separately agreed in writing, Outcubate is not acting as a broker-dealer, investment adviser, placement agent, or fiduciary in connection with any investment transaction.
7. Advisory Services and No Guarantee of Results
Outcubate provides strategic guidance, evaluations, research, and recommendations based on information available at the time of the engagement.
Our services are advisory in nature. We do not guarantee:
- Commercial success or product-market fit.
- Customer acquisition, revenue growth, or profitability.
- Successful fundraising or investment.
- Patent approval, regulatory approval, or other governmental authorization.
- Successful product development, technology implementation, or market entry.
You remain responsible for all business decisions, investments, product development activities, and actions taken based on our advice or recommendations.
Our evaluations and recommendations should not be considered a substitute for independent legal, tax, accounting, financial, or other professional advice.
8. Use of Artificial Intelligence and Third-Party Services
Outcubate may use artificial intelligence technologies, commercial AI model providers, research platforms, cloud services, and other third-party tools to support its evaluations, research, analysis, and advisory activities.
These services may process information you submit to Outcubate in accordance with our Privacy Policy and applicable provider terms.
Outcubate uses commercial API-based AI services under terms that generally prohibit the use of customer submissions for training general-purpose AI models by default.
AI-generated analyses, reports, and recommendations may contain errors, omissions, or inaccuracies. Such outputs are reviewed and interpreted as appropriate, but Outcubate does not warrant that all AI-assisted results will be complete or error-free.
9. Fees and Payment
Some Outcubate services may be offered without charge, while others may require payment.
Any applicable fees, payment schedules, engagement conditions, or other commercial terms will be communicated separately before the relevant paid services are provided.
Unless otherwise agreed in writing, fees paid for completed services are non-refundable.
10. Third-Party Services and Websites
Outcubate may rely on or provide links to third-party websites, databases, software platforms, research services, and other external resources.
Such services are operated independently by third parties. Outcubate does not control and is not responsible for their availability, accuracy, security, privacy practices, or terms of use.
Your use of third-party services may be subject to separate terms and conditions.
11. Limitation of Liability
To the maximum extent permitted by applicable law, Outcubate and its advisors, representatives, and affiliates shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, business opportunities, revenue, data, or goodwill arising from or related to your use of our services.
Outcubate does not warrant that its website or services will be uninterrupted, error-free, or free from security vulnerabilities.
To the maximum extent permitted by applicable law, the aggregate liability of Outcubate arising from or relating to these Terms or the services provided shall not exceed the total fees actually paid by you to Outcubate for the services giving rise to the claim during the twelve months preceding the event giving rise to the claim.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.
12. Indemnification
You agree to indemnify and hold harmless Outcubate and its advisors, representatives, and affiliates from third-party claims, liabilities, damages, and reasonable expenses arising from:
- Your violation of these Terms.
- Your submission of materials that you do not have the right or authority to provide.
- Your infringement of another party's intellectual property or other legal rights.
- Your unlawful use of our services.
This provision does not apply to the extent a claim results from Outcubate's own unlawful conduct or other liability that cannot legally be shifted to you.
13. Suspension and Termination
Outcubate reserves the right to suspend or discontinue access to its website or services, or terminate an engagement, where reasonably necessary, including when:
- You violate these Terms.
- You provide misleading or unlawful information.
- Your use of our services creates legal, security, or operational risks.
- Outcubate decides to discontinue or modify a particular service.
You may discontinue use of our website and services at any time, subject to any separate written engagement agreement or outstanding payment obligations.
Termination does not automatically require deletion of information that Outcubate is legally entitled or required to retain, or that may be retained under our Privacy Policy.
14. Changes to These Terms
Outcubate may update these Terms periodically to reflect changes in its services, business practices, or applicable legal requirements.
Updated Terms will be posted on our website with a revised effective date. Your continued use of our services after the updated Terms become effective constitutes acceptance of the revised Terms, to the extent permitted by applicable law.
Material changes to existing paid engagements may require separate agreement between the parties.
15. Governing Law and Disputes
These Terms shall be governed by the laws of the State of California, without regard to its conflict-of-law principles.
Any dispute arising from or relating to these Terms or the use of Outcubate's services shall be brought in the state or federal courts located in California, and the parties consent to the jurisdiction of those courts, subject to applicable law.
16. General Provisions
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall continue in effect.
These Terms, together with our Privacy Policy and any applicable separate written engagement agreements, constitute the understanding between you and Outcubate concerning your use of our website and services.
If there is a conflict between these Terms and a separately executed written agreement governing a specific engagement, the separate agreement shall control with respect to that engagement.
17. Contact Information
For questions regarding these Terms or Outcubate's services, please contact:
Outcubate
Email: hello@outcubate.net
Website: www.outcubate.net