Using our Services and Platform
Please take the time to thoroughly review these Terms of Service. Once you accept them, these Terms, together with our Privacy Policy, Data Processing Agreement, and Affiliate Agreement, form a legally binding contract between you (or the organization you represent) and Rubricz., including its officers, directors, successors, and assigns. These Terms also outline the rules for accessing and using the platform and related interactions with Rubricz.
If you do not agree with these terms, you should avoid accepting them, signing up for an account, or using the platform. In case of any conflict between these terms of service and the additional agreements referenced here, these terms of service will take precedence.
1. Management of Platform Accounts
When you set up a Platform Account, you agree to use the Platform only if you provide accurate, complete, and current information. The Platform is intended for business use or in connection with an individual’s profession, trade, or craft. If you are acting on behalf of a business entity, then that entity is the owner of the Platform Account. Otherwise, as the person accepting these Terms, you are the owner of the Platform Account. If you accept these Terms on behalf of a business entity, you confirm that you have the authority to bind that entity to these Terms.
1.1. Limitations on Age.
You must be at least 18 years old to use the Platform. By accepting these Terms or creating an account, you confirm you are at least 18. If you are a parent or guardian allowing a Minor (ages 13-17) to use the Platform, you agree to: (a) supervise their use; (b) take responsibility for their actions; (c) ensure content is suitable; (d) verify their information; and (e) provide necessary consents.
1.2. Purpose of Use.
You and your clients may only use the Platform as allowed by these Terms. You agree not to engage in Prohibited Uses or violate any laws. Additionally, you warrant that: (a) You and your customers will maintain all necessary licenses and permits; (b) You are fully responsible for your actions and those of your agents, employees, and clients using the Platform; (c) You are responsible for your clients’ behavior on the Platform.
(d) You, your agents, employees, and customers will not misrepresent the Platform or Services; (e) You will provide these Terms to your agents, employees, and customers, ensuring they understand that using or granting access to the Platform is subject to these Terms; (f) All content you submit to Rubricz, including any code for customization, is either your property or under your full control; (g) You are solely responsible for your use of the Platform and the accuracy of any data and information you provide.
(h) You, your staff, and your customers will cooperate adequately in response to information requests from law enforcement, regulators, or telecommunications providers.
1.3. Privacy.
Utilizing the Platform and giving Information on or through the Platform, you agree that Rubricz may use and disclose the Information following the Privacy Policy, which is available here and incorporated by reference. You acknowledge that Rubricz assumes no responsibility or liability for the loss or failure to store any Information or content kept or transmitted on or through the Platform. When you grant your customers access to the Platform, you must establish and enforce your personal Privacy Policy that provides at least the same level of protection as Rubricz. You must obtain your consumers’ consent, affirmatively declaring that they agree to be bound by your privacy policy.
You affirm and ensure that you have, and will keep, providing appropriate notifications and securing the necessary permissions and consents to share your customers’ data with us, under these Terms and our Privacy Policy.
1.4. Account Security.
You are responsible for keeping your login details confidential and for all activities associated with your Platform Account, regardless of whether these activities were authorized by you. You must promptly notify Rubricz if you become aware of any unauthorized use of your account or login details, or if you detect any security issues. Rubricz has the right to deactivate your login details at its sole discretion, for any reason or no reason at all, especially if it believes you have violated any part of these Terms. Platform Accounts are not transferable. You are required to implement measures to prevent unauthorized individuals from accessing your Platform Account using your login credentials.
1.5 Third Party Services
If you choose to use third-party services through the Platform and later suspend or delete your account, Rubricz does not guarantee that those services will be available or recoverable when you reactivate your account. Additionally, if Rubricz incurs costs related to those services while your account is suspended, it reserves the right to release resources (such as phone numbers) or delete your account without assuming any liability.
Furthermore, Rubricz disclaims any responsibility for interruptions or issues that may arise with third-party services. In summary, Rubricz is not responsible for any problems or costs associated with the third-party services you use through its platform.
1.6. Communication Features.
The Platform offers various communication tools such as SMS, MMS, emails, and voice calls. If you use these tools, you are responsible for all communications sent through the Platform and must ensure compliance with applicable laws, including the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act. Rubricz does not guarantee that your use of the Platform will comply with these laws and is not liable for any legal issues arising from your communications. Rubricz provides the technology for these communications but does not send or manage them. You are in charge of creating, timing, and managing your messages, as well as handling any fraud prevention and call blocking. All messages are initiated by you or your customers via the Platform.
1.7. Content from Third Parties.
The Platform might feature content from third parties, and you use such content at your own risk. Any opinions or statements made in Third-Party Content are those of the respective third parties and do not represent Rubricz’s views. Rubricz does not endorse, guarantee, or take responsibility for Third-Party Content. You are responsible for ensuring that your interactions with Third-Party Content adhere to these Terms and any relevant laws.
1.9. Data Usage Limits
We provide the Platform on a tiered pricing model, with higher tiers supporting more data and better performance. We are not responsible for any performance issues caused by high data usage. If Rubricz deems your data usage excessive or detrimental, we may (a) require you to upgrade your Services if your usage exceeds your tier’s limits or if costs exceed your subscription; (b) suspend or end your access; and/or (c) reduce your data usage limits.
1.11 Global Use Restrictions
If you are in a restricted country or are subject to sanctions, you cannot use the Platform. Rubricz does not guarantee that the Platform is suitable for use outside the United States. Accessing the Platform from other locations is at your own risk. You are responsible for complying with local laws, including taxes on online purchases. Any offers on the Platform are void where prohibited.
2. Prohibited Activities
The following actions are strictly forbidden when using the Platform. Engaging in any of these prohibited activities constitutes a serious breach of this Agreement, and Rubricz may immediately suspend or terminate your Platform Account as detailed in these Terms:
Legal Violations: You must not use the Platform in any manner that breaches applicable laws or regulations.
Exploitation or Harm: Using the Platform to exploit or harm individuals or entities in any way is prohibited.
Inappropriate Content: You are not allowed to send, receive, upload, download, or reuse any content that does not align with these Terms.
Unlawful Advertising: Transmission of unsolicited advertising materials, such as spam, junk mail, or chain letters, is not permitted.
Impersonation: Impersonating Rubricz, its employees, other users, or any other person or organization is forbidden.
Restricting Access: You must not engage in any behavior that limits or obstructs others from using or enjoying the Platform.
Harmful Conduct: Actions that could harm users or Rubricz or expose either to liability are not allowed.
Overloading the Platform: You must not use the Platform in a way that overburdens, damages, or disrupts it, or interferes with others’ real-time activities.
Automated Access: Using bots, spiders, or other automated tools to access or copy material from the Platform is prohibited.
Manual Monitoring: Manual methods to monitor or copy Platform material without prior written consent from Rubricz are not allowed.
Disruption: Any software or process that disrupts the normal functioning of the Platform is prohibited.
Malicious Software: Introducing viruses, malware, or any harmful code is not allowed.
Unauthorized Access: Attempts to gain unauthorized access to any part of the Platform or its servers, or to interfere with or damage the Platform, are forbidden.
Service Attacks: Conducting denial-of-service attacks or distributed denial-of-service attacks against the Platform is prohibited.
Other Interference: Any other attempts to interfere with the proper operation of the Platform are not permitted.
3. Billing
a. Charges. To use the Platform, you must pay all applicable Charges promptly. These Charges are subject to change periodically. Communication Costs are additional and will be billed separately. You are responsible for all Communication Costs incurred while using the Platform. These will be listed as separate items on your invoice. Both Charges and Communication Costs are non-refundable. Charges will be automatically billed to the credit card we have on record. Subscription Charges will be billed in advance. You are required to provide accurate billing details (including your name, address, credit card information, and phone number) and inform us of any updates within 10 days of any changes.
b. Non-Cancellable Charges. Certain service subscriptions come with a non-cancellable minimum commitment, which means they cannot be canceled before the commitment period ends. Charges for these non-cancellable commitments will be automatically billed to you until the full commitment is completed.
c. No Markup Policy. You are prohibited from adding any extra charges to Rubricz Fees when passing them on to your customers or third parties. You are fully accountable for all pass-through Fees and any associated costs, including refunds and chargebacks. Rubricz will not handle disputes or issues related to these pass-through Fees between you and your customers.
d. Taxes. You are solely liable for all taxes or other governmental assessments (“Taxes”) incurred as a result of your use of the Platform, including all Taxes related with transactions with your customers. Rubricz may collect taxes from you as part of the Fees as legally necessary or as Rubricz deems reasonable, and any Rubricz decisions on which taxes to collect are final. If Rubricz concludes that you owe additional taxes, it may recalculate and collect them from you. You will indemnify Rubricz for all Tax Claims linked with your Platform activities, including any Taxes related to your client transactions, as further detailed below. Taxes are nonrefundable.
e. Overdue Payments. If your credit card fails to cover the amount owed, we may suspend or terminate your access to the Platform and Services. You must pay any overdue amounts and associated fees using an acceptable method. If legal action is needed to recover funds, you agree to cover all related costs, including attorney fees.
f. Payment Conflicts. If there are any invoiced fees or charges that you would like to dispute, you must contact us in writing within sixty (60) days of the date on which we bill you. While the disagreement is pending, you must pay all billed fees and charges; otherwise, you forfeit the right to continue the dispute. In the event that you disagree with any Fees or charges, you must behave equitably, honestly, and cooperatively with us to settle the disagreement. Regarding your obligation to pay invoiced fees and charges, all decisions made by Rubricz are final.
g. Refunds and Credits Policy: No Go-Backs
All fees charged by Rubricz are non-refundable, except where noted. You are responsible for any extra fees resulting from your own or a third party’s mistakes. Rubricz does not offer refunds or credits for errors, partially used, or unused subscriptions. If you subscribe but do not use the service, you are still liable for the full fee during the subscription term. Rubricz may choose to issue or deny refunds or credits at its sole discretion and its decision is final.
h. Service Termination. You are entirely accountable for terminating any Services linked to your account. Until cancellation is properly processed, you remain liable for all associated fees. Refunds will not be granted if you fail to properly cancel the Services.
i. Financial Transaction Liability. You are fully responsible for all financial activities conducted on the Platform by you and your clients, including those made through the billing features provided by the Services. Any chargebacks related to these transactions are your sole responsibility, irrespective of the reason for the chargeback.
4. Affiliate Program
Rubricz’s Affiliate Program allows customers to earn commissions for referring new accounts. Participation requires Rubricz’s approval and acceptance of the Affiliate Agreement, available here. You must link a payment account to your Rubricz account to receive commissions, which may be forfeited if payment cannot be processed.
5. Intellectual Property
Platform Content Ownership
The Platform and its content are the property of Rubricz or its licensors, safeguarded by intellectual property laws. This excludes user-generated content. Rubricz provides a non-exclusive, revocable, royalty-free license for personal use of the Platform content. Unauthorized reproduction or distribution of the content is prohibited.
Rubricz Trademarks
Rubricz’s trademarks and service marks are proprietary and cannot be used without prior written consent. This includes preventing confusion or defamation of Rubricz. Do not remove Rubricz’s trademarks from the Platform. Mentioned brands may belong to other owners. Unauthorized use on third-party sites does not imply Rubricz’s approval.
User Submissions
User submissions are treated as non-confidential and non-proprietary. You grant Rubricz and its affiliates the perpetual right to use, modify, perform, display, distribute, and disclose these submissions to third parties. This includes using your information to enhance the platform and develop new services. Rubricz is not responsible for the content or accuracy of user submissions and does not endorse them. We may remove any submissions that violate our terms, with or without notice. You ensure that you own all rights to your submissions and that they comply with these terms.
Prohibited User Contributions
You are not allowed to post User Contributions on the Platform that are illegal, threatening, abusive, harassing, defamatory, deceptive, fraudulent, or invasive of others’ privacy. This includes content that features graphic sexual or violent material. Additionally, contributions that target, intimidate, or discriminate against individuals or groups based on religion, gender, sexual orientation, race, ethnicity, age, or disability are prohibited. Any posts that violate intellectual property rights or attempt to breach the security of the Platform or access restricted areas are also forbidden.
Feedback and Contributions
When you provide feedback, you agree that it is given voluntarily, is not confidential, and comes without any expectation of compensation. Rubricz has no obligation to use it. You give Rubricz and its representatives an unlimited, irrevocable, non-exclusive, and royalty-free license to use your feedback without any restrictions, payment, or notice to you or any other party. This includes the right to reproduce, modify, create derivative works, combine with other materials, distribute, display, perform, and license the feedback across all media forever. You confirm that the feedback is your own original creation, that you have the rights to share it, and that neither your feedback nor its use by Rubricz will violate anyone else’s rights. If your feedback is related to a patent, you must disclose that to Rubricz.
Feedback Release
By providing feedback, you permanently release Rubricz from any and all claims or liabilities related to your feedback, including how Rubricz might use it now or in the future. You acknowledge responsibility for your feedback’s content and agree to cover any costs Rubricz incurs due to your feedback, including legal fees. If Rubricz faces any legal action related to your feedback, you will defend and protect Rubricz at your own expense.
6. Liability Restrictions and Claims Procedure
In the event of any claims related to these Terms or your use of the Platform or Services, our total liability, if any, will be strictly limited to the amount you paid us for Services purchased on the Platform within the three (3) months preceding the incident that gave rise to the claim. This will be your sole remedy.
Additionally, we will not be held responsible for any issues related to third-party services or any disruptions thereof, nor for any promises or statements made by third parties regarding our Platform’s services or content. This also includes any transactions conducted with third parties through the Platform, such as order processing.
Certain jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, so the limitations mentioned above might not apply to you. Please review the applicable laws in your jurisdiction.
You agree to defend, indemnify, and hold Rubricz harmless from any claims, demands, actions, damages, or expenses (I) arising from your use of the Platform, including, but not limited to: (II) our reliance on information or data provided by you or your associates; (III) any breach of these Terms by you or your affiliates; (IV) misuse of Rubricz property by you or your associates; (V) any negligence or misconduct by you or your associates; (VI) misrepresentations made by you, your employees, agents, or clients; (VII) violations of applicable laws by you, your employees, agents, or clients; (VIII) your actions and those of your employees, agents, or clients; (IX) acts or omissions by you, your employees, agents, or clients related to notifications and consents regarding SMS, MMS, emails, or other communications using the Services; (X) taxes and other fees; and (XI) any disputes involving (1) you and other users, (2) you and your clients, or (3) your customers.
In the event that the Platform is found to infringe on any third-party intellectual property rights, we may choose to: (a) secure the necessary rights for you to continue using the Platform as outlined in these Terms; (b) alter or replace the Platform, in whole or in part, to eliminate the infringement; or (c) require you to immediately stop using the Platform.
Time Limit for Legal Claims
Any legal action or claim related to these Terms or the Platform must be initiated within three (3) months of the event that gave rise to the claim, regardless of when you became aware of it. Otherwise, the claim will be permanently barred.
7. Equitable Relief
You acknowledge that any violation of these Terms could cause significant harm to Rubricz, which cannot be adequately compensated by monetary damages alone. Therefore, Rubricz is entitled to seek injunctive relief, along with any other legal remedies, without the need to provide a bond or security.
8. Waiver and Severability
If Rubricz suffers harm due to a breach of these Terms, it may seek injunctive relief, in addition to other remedies, without needing to post a bond or security.
A waiver of any term by Rubricz does not mean it’s a waiver of that term forever or any other term. If Rubricz fails to enforce a right or term, it doesn’t waive that right or term.
If any part of these Terms is found invalid or unenforceable by a court, that part will be removed or limited, but the rest of the Terms will remain in effect.
9. Transfer of Rights
Rubricz can transfer its rights under these Terms at any time without notifying you. You cannot transfer your rights under these Terms without Rubricz’s prior written consent, which Rubricz can withhold at its discretion.
10. Complete Agreement
These Terms represent the complete and exclusive agreement between you and Rubricz regarding the Platform, replacing any prior agreements or understandings. Changes to these Terms cannot be made through other documents unless signed by an authorized representative of Rubricz.
If you enter into a separate agreement with Rubricz, the terms of that agreement will be part of your overall agreement with Rubricz. If there is a conflict between these Terms and the separate agreement, the separate agreement will take precedence.
11. Duration and Termination
These Terms will remain effective as long as you maintain a Platform Account. Sections of these Terms meant to survive the termination of your Platform Account will continue to be binding even after you stop being a Platform user.
a. Reasons for Termination. You agree that Rubricz can, at its sole discretion, suspend or terminate your access to the Platform (or any part of it) for any reason, with or without notice, and without liability to you or any third party for any resulting claims, damages, costs, or losses. Any suspected fraudulent, abusive, or illegal behavior may lead to the suspension of your access and reporting to the relevant authorities if needed. Rubricz also reserves the right to delete Platform Accounts that have been inactive for at least one (1) year.
b. No Rights to Services After Termination. Upon termination, regardless of the reason, your right to use the Platform will immediately end. Rubricz will not be liable to you or any third party for any claims related to the termination, suspension, or other actions regarding your Platform access.
c. How to Cancel or Adjust. If you wish to cancel your Platform access or make adjustments, Rubricz requires written notice at least 30 days before your next billing cycle.
d. Third-Party Users Cannot Terminate. Rubricz has limited access to subscriptions not directly purchased from us. Any user who received access to the Platform through someone other than Rubricz should contact the original provider for any termination-related inquiries.
e. Force Majeure. Besides any excuses provided by applicable law, Rubricz will not be liable for any failure to deliver or delays in delivering the Platform or related products or services due to events beyond our reasonable control, whether foreseeable or not, including but not limited to: labor disputes, war, fire, accidents, severe weather, transportation issues, government actions or regulations, and other unforeseen causes.
12. Governing Law, Binding Arbitration, and Class Action Waiver
PLEASE READ THE FOLLOWING CAREFULLY AS THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION.
These Terms are governed by the laws of British Columbia, Canada. Any disputes will be resolved according to these laws.
Any controversy or claim arising from these Terms will be settled exclusively through arbitration administered by a recognized arbitration entity in Canada, following applicable rules. This arbitration is governed by Canadian Arbitration Law. Arbitration will occur in Vancouver, British Columbia, Canada, and any arbitration award can be entered in a Canadian court.
All disputes must be arbitrated or litigated individually, not as a class. Claims from multiple customers cannot be combined or consolidated.
13. Communications and Contact Information
All notices must be in writing and sent via email. Notices to Rubricz should be sent to sales@rubricz.com. You agree to receive notices at the email address you provided during registration or any other address we have on file. Notices are effective upon receipt.
Rubricz may contact you using the information you provide or by other means if no contact information is provided. If you wish to stop receiving communications from Rubricz, you can use the “unsubscribe link” in the emails or contact us at sales@rubricz.com.
When you create a Platform account, designate a primary email address for receiving communications related to these Terms. Rubricz will never request confidential information like account numbers, usernames, or passwords via email. If you receive such a request, do not respond and report it to us at sales@rubricz.com.
For feedback, technical support requests, or other communications related to the Platform or these Terms, please contact us at sales@rubricz.com.