using "free and open" is going to evoke the idea of FOSS. so you either:

1. did that intentionally, intending to trick people into thinking UbiCloud is FOSS

2. did it unintentionally, somehow missing the obvious connection that people are going to make

either way, its a bad look. this is a solved problem, you can use the correct term for the situation:

https://wikipedia.org/wiki/Source-available_software