Terms of Service

These Terms of Service ("Terms") govern your use of rubiconetic.com and, where no separate signed agreement exists, any software development services provided by Rubiconetic ("we," "us," or "our"). By using this website you accept these Terms. If a signed statement of work or master services agreement covers your engagement, that document controls wherever it conflicts with this one.

1. What We Do

Rubiconetic provides software design and engineering services, including:

• Mobile application development: native and cross-platform applications for iOS and Android, including store submission and release management
• Web application development: web software, internal tools, and the design systems and infrastructure they run on
• Automation, APIs, and backend systems: services, data pipelines, integrations, and scheduled workflows
• Edge and local-first systems: offline-capable clients, sync layers, and edge-deployed services

We also publish our own applications. Use of those applications is governed by their own terms, not by this document.

2. Use of This Website

This site is provided for information. You may read, link to, and quote it with attribution. You may not scrape it for the purpose of training a machine-learning model, republish it as your own, or attempt to disrupt its availability.

Everything on this site, from the copy and design to the source code and visual assets, is our intellectual property except where stated otherwise. Nothing on this site is an offer, a quote, or a contractual commitment.

3. Eligibility

Our services are offered to businesses and to individuals acting in a professional capacity. You must be at least 18 years old and authorised to enter agreements on behalf of the entity you represent.

4. Engagements, Scope, and Change

Work begins from a written statement of work describing deliverables, timeline, fees, and assumptions. Anything not described there is out of scope by default.

Scope changes are normal and are handled openly: we estimate the impact on cost and schedule in writing, and work proceeds once you approve it. We will not silently absorb scope, and we will not silently bill for it either.

Fixed-scope projects are priced against a defined deliverable. Retainers reserve a recurring block of capacity; unused capacity does not roll forward unless the agreement says it does.

5. Your Responsibilities

Software projects fail on inputs more often than on code. You agree to:

• Provide a decision-maker who can give timely answers and approvals
• Supply the content, credentials, accounts, and third-party access the work depends on
• Hold the rights to any material you give us: content, data, designs, trademarks, or licensed code
• Meet your own legal obligations to your users, including any consent, disclosure, or accessibility requirements applicable to the software we build for you

Where a dependency on your side blocks delivery, the timeline extends by at least the duration of the block. Extended blocks may require rescheduling against other committed work.

6. Fees and Payment

Fees, milestones, and payment terms are set out in the statement of work. Unless stated otherwise, invoices are due within 15 days of issue.

We may pause work on accounts more than 15 days overdue, after written notice. Prices exclude sales tax, VAT, and any other applicable taxes, which are your responsibility. Third-party costs incurred on your behalf, like developer program fees, hosting, licences, and paid APIs, are billed at cost and are yours to keep paying after delivery.

7. Intellectual Property and Delivery

Your software is yours. On full payment, we assign to you all right, title, and interest in the deliverables produced specifically for you under the statement of work, including the source code, and we deliver it in a form you can build and deploy without us.

Our tooling stays ours. We retain ownership of general-purpose knowledge, techniques, and pre-existing or reusable components (internal libraries, project scaffolding, patterns) that we bring to the work. Where any of it is embedded in your deliverables, you receive a perpetual, worldwide, royalty-free licence to use, modify, and distribute it as part of that software.

Third-party components. Deliverables may include open-source dependencies under their own licences. We will tell you what they are and choose permissive licensing by default; you are responsible for ongoing compliance once the software is yours.

8. Confidentiality

Each party will protect the other's non-public information with at least the care it applies to its own, and will use it only to perform the engagement. This does not cover information that is public, independently developed, or lawfully received from a third party without restriction.

We will not publish, demo, or write about your project without your written permission. If you'd like us to name you as a client, tell us; we treat silence as a no.

9. Warranty and Support

We warrant that delivered software will substantially conform to the agreed specification for 30 days after delivery. Within that window we fix defects at no charge, where a defect is code that does not do what it was specified to do.

The warranty does not cover new requirements, changes you or a third party make to the code, failures caused by third-party services or platform updates, or environments we did not build. Ongoing maintenance, platform-version upgrades, and feature work are available under a separate support agreement.

Outside an active warranty or support agreement, software is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of Liability

Cap. Our total aggregate liability arising out of or relating to an engagement will not exceed the total fees you paid us for that engagement in the 12 months preceding the claim.

Excluded damages. Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or business opportunity, even if advised such damages were possible.

Third-party platforms. We are not liable for outages, policy changes, pricing changes, review rejections, or API deprecations by platforms outside our control, including Apple, Google, Cloudflare, and any provider your software depends on.

These limits do not apply to fraud, wilful misconduct, or anything that cannot lawfully be limited.

11. Term and Termination

Either party may terminate an engagement with 30 days' written notice. Either party may terminate immediately for material breach that remains uncured 15 days after written notice.

On termination you pay for all work performed and costs committed up to the effective date. We will hand over completed work, source code, documentation, and access in a usable state; we do not hold deliverables hostage. IP assignment under section 7 applies to work you have paid for.

12. Indemnification

You will indemnify and hold harmless Rubiconetic against claims arising from material you supplied, from your use or operation of the delivered software after handover, and from your breach of these Terms or of applicable law.

We will indemnify and hold you harmless against third-party claims that deliverables we authored infringe their intellectual property rights, subject to the liability cap in section 10.

13. Independent Contractor

Rubiconetic operates as an independent contractor. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship, and neither party may bind the other.

14. Governing Law

These Terms are governed by the laws of the State of Arizona, USA, without regard to conflict of law principles. Disputes will be resolved in the state or federal courts of Yavapai County, Arizona, and both parties consent to that jurisdiction. Before filing, both parties agree to spend 30 days genuinely attempting to resolve the matter directly.

15. Changes to These Terms

We may revise these Terms; the effective date at the top of this page reflects the current revision. Changes are not retroactive and do not alter a signed agreement already in effect. Material changes affecting active clients are sent by email.

16. Severability and Entire Agreement

If any provision is held unenforceable, it is limited to the minimum extent necessary and the rest remains in force. Together with any signed statement of work or master services agreement, these Terms are the entire agreement between us on this subject and supersede prior discussions.

17. Contact

Rubiconetic
Email: hello@rubiconetic.com
Phone: (928) 327-7724
Web: rubiconetic.com
Arizona, United States