These Terms of Service ("Terms") are a binding agreement between Rubiconetic ("we," "us," or "our") and the customer or visitor ("you" or "your") accessing rubiconetic.com or using any Rubiconetic service. By using our services, you agree to these Terms. If you do not agree, do not use our services.

1. Services Description

Rubiconetic provides the following services to businesses:

AI Receptionist — a voice agent that answers inbound calls, responds to caller questions, qualifies leads, and books appointments on your behalf.
Business Automation — connecting your apps (CRM, email, calendar, messaging platforms) to automate repetitive workflows such as lead routing, appointment reminders, and contract delivery.
Messaging — SMS, RCS, and WhatsApp messaging capabilities delivered through our platform, including AI-powered responses and human handoffs.

The specific features, pricing, and service levels are set out in your order form or service agreement.

2. Eligibility

Our services are available only to businesses and business owners. You must be at least 18 years old and have the legal authority to enter into this agreement. By using our services, you represent that you meet these requirements.

3. Account Setup and Your Responsibilities

Some services require you to provide access to your calendar, phone system, messaging platforms, or other third-party accounts. You are responsible for:

Obtaining any necessary consents or permissions required to grant us access to those systems
Ensuring that your use of our services complies with your obligations to your own customers and users
Keeping your account credentials and any API keys we provide confidential
Notifying us promptly of any unauthorized access or security breach

You retain sole responsibility for the content of your call handling instructions, scripts, and automation workflows configured through our services.

4. Acceptable Use

You agree not to use Rubiconetic's services to:

Send unsolicited messages, spam, or marketing communications without recipient consent
Harass, defame, or mislead callers or message recipients
Violate any applicable law, regulation, or third-party rights
Use our services for any fraudulent or illegal purpose
Resell or redistribute our services without written permission

Rubiconetic reserves the right to suspend or terminate services immediately if we reasonably believe you are violating this Acceptable Use policy or applicable law.

5. Customer Obligations for SMS, RCS, and WhatsApp Messaging

If you use Rubiconetic's messaging services, you are solely responsible for ensuring you have appropriate consent from each recipient before sending messages. This applies to:

Appointment reminders and confirmations
Marketing or promotional messages of any kind
Automated responses and AI-generated replies

You must maintain records of consent and make them available to Rubiconetic upon request. Rubiconetic is not responsible for messages sent in violation of applicable telecommunications laws, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, or similar state and international regulations.

SMS/WhatsApp opt-out: Every outbound message sent through our platform must include a clear and functional opt-out mechanism (e.g., REPLY STOP to unsubscribe). We will help you implement this, but the ultimate responsibility for compliance rests with you.

6. Service Level and Availability

We strive to keep our services available and functioning, but we do not guarantee 100% uptime. Scheduled maintenance will be communicated in advance when possible. We are not liable for downtime except as expressly set out in your service agreement.

AI receptionist and messaging features depend on third-party AI APIs (OpenAI, Claude, Gemini, etc.) and messaging infrastructure (Sent.dm). Service disruptions caused by those providers are outside our control.

7. Fees and Payment

Fees for our services are set out in your order form or service agreement. All fees are due according to the payment terms specified. We reserve the right to suspend services if payment is overdue by more than 15 days.

You are responsible for any taxes applicable to the services. Prices quoted exclude taxes unless explicitly stated otherwise.

8. Term and Termination

Services are provided on a monthly or annual basis as specified in your service agreement. Either party may terminate with 30 days written notice. Rubiconetic may terminate immediately if you breach these Terms or use the services in a way that exposes us to legal liability.

Upon termination, Rubiconetic will retain your data as described in Section 4 of the Privacy Policy for up to 90 days, after which it will be deleted unless a longer period is required by law.

9. Intellectual Property

Rubiconetic retains all intellectual property rights in the services, including our proprietary workflows, configurations, and documentation. You retain all rights in your business data, call scripts, and content you provide.

We reserve the right to use non-confidential information about your business (e.g., your company name and general service category) in our marketing materials, unless you explicitly request otherwise in writing.

10. Confidentiality

Both parties agree to keep confidential any non-public information received from the other party in connection with these services. This obligation does not apply to information that is publicly available, independently developed, or lawfully obtained from a third party.

11. Disclaimers and Limitation of Liability

No warranty. Services are provided "as is" and "as available" without any warranty, express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose.

Liability cap. In no event shall Rubiconetic's total liability arising out of or related to these services exceed the total fees paid by you to Rubiconetic in the 12 months preceding the claim.

No consequential damages. Rubiconetic shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, even if we have been advised of the possibility of such damages.

Third-party services. Our services depend on third-party AI providers (OpenAI, Google, Anthropic) and messaging platforms (Sent.dm). We are not liable for errors, outages, or policy changes by those providers.

12. Indemnification

You agree to indemnify and hold harmless Rubiconetic, its officers, and employees from any claim, demand, or damage (including reasonable legal fees) arising out of your use of our services, your violation of these Terms, or your violation of any third-party rights or applicable law — including but not limited to claims related to unsolicited communications sent through our platform.

13. Governing Law

These Terms are governed by the laws of the State of Arizona, USA, without regard to its conflict of law principles. Any dispute arising from these Terms shall be resolved in the courts of Yavapai County, Arizona.

14. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via email to the address on file. Your continued use of our services after the effective date of any change constitutes acceptance of the updated Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Contact Us

For questions about these Terms, contact us at:

Rubiconetic
Email: hello@rubiconetic.com
Phone: (928) 327-7724
Website: rubiconetic.com