Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (whether personally or on behalf of an entity) and RubyOrbit, Inc. ("RubyOrbit," "we," "us," or "our") concerning your access to and use of the RubyOrbit AI-powered customer support platform and related services.

By clicking "I Agree," accessing, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you are prohibited from using our services and must discontinue use immediately.

We reserve the right to change or modify these Terms at any time at our sole discretion. If we make material changes, we will provide notice via email or through the service. Your continued use after any changes constitutes acceptance of the new Terms.

2. Service Description

RubyOrbit provides an AI-powered customer support platform that includes:

• Customizable chat widgets for website integration
• AI-driven conversation and support automation
• Knowledge base management and training tools
• Analytics and reporting dashboards
• Integration with third-party services and APIs
• Lead qualification and routing capabilities

Our services are provided "as is" and "as available." We reserve the right to modify, suspend, or discontinue any part of our services at any time without liability to you.

3. Account Terms

3.1 Account Creation

• You must be at least 18 years old or the age of majority in your jurisdiction
• You must provide accurate, complete, and current information
• You are responsible for maintaining the security of your account credentials
• You must notify us immediately of any unauthorized access or security breach
• One person or legal entity may not maintain more than one free account

3.2 Account Responsibilities

You are responsible for all activities that occur under your account, whether or not you have authorized such activities. You may not use another person's account without permission.

3.3 Account Suspension

We reserve the right to suspend or terminate your account at any time for violations of these Terms, suspected fraudulent, abusive, or illegal activity, or to protect our services and users.

4. Usage Rights and Restrictions

4.1 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for your internal business purposes in accordance with the plan you have selected.

4.2 Usage Restrictions

You agree not to:

• Resell, redistribute, or sublicense our services without explicit permission
• Use our services to compete with us or build a similar service
• Reverse engineer, decompile, or disassemble our software
• Remove, alter, or obscure any proprietary notices
• Use automated means to access our services without permission
• Interfere with or disrupt the integrity or performance of our services
• Attempt to gain unauthorized access to our systems or networks
• Use our services for any illegal or unauthorized purpose

4.3 API Usage

• API access is subject to rate limits based on your subscription plan
• You must not exceed the API rate limits or attempt to circumvent them
• We reserve the right to throttle or block excessive API requests
• API keys must be kept secure and not shared publicly

5. Acceptable Use Policy

5.1 Prohibited Content

You may not use our services to store, display, distribute, or process content that:

• Is unlawful, harmful, threatening, abusive, harassing, or defamatory
• Contains viruses, malware, or other harmful computer code
• Infringes on intellectual property rights of others
• Contains personal information of minors without parental consent
• Is fraudulent, deceptive, or misleading
• Promotes illegal activities or violence
• Violates the privacy or publicity rights of third parties
• Contains sensitive financial, health, or government identification information without proper authorization

5.2 Prohibited Activities

You may not:

• Use our services for spamming or unsolicited communications
• Engage in cryptocurrency mining using our infrastructure
• Conduct security vulnerability scans without written permission
• Use our services to harass, abuse, or harm another person
• Impersonate any person or entity, or falsely claim an affiliation
• Use our services in violation of any applicable laws or regulations
• Encourage or enable others to violate these Terms

5.3 Enforcement

We reserve the right, but are not obligated, to investigate violations of these Terms. We may remove or disable content, suspend or terminate accounts, and cooperate with law enforcement authorities as appropriate.

6. Payment Terms

6.1 Subscription Fees

• Fees are based on the subscription plan selected during signup
• All fees are in U.S. dollars unless otherwise specified
• Fees are non-refundable except as required by law or as set forth in these Terms
• We may change fees upon 30 days' notice for monthly plans or at renewal for annual plans

6.2 Billing

• Subscriptions automatically renew unless cancelled before the renewal date
• You authorize us to charge your payment method on a recurring basis
• You are responsible for providing accurate and current payment information
• Failed payments may result in service suspension or termination

6.3 Taxes

Fees do not include taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such taxes, levies, or duties, excluding taxes based on our net income.

6.4 Free Trial

• Free trials are offered at our discretion and may be limited to new users
• At the end of the free trial, your account will convert to a paid subscription unless cancelled
• We reserve the right to terminate free trials at any time

7. Intellectual Property

7.1 Our Intellectual Property

The service and its original content, features, and functionality are owned by RubyOrbit and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks may not be used without our prior written consent.

7.2 Your Content

You retain all rights to content you submit, post, or display on or through our services ("Your Content"). By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute Your Content solely for the purpose of providing and improving our services.

7.3 Feedback

Any feedback, suggestions, or ideas you provide about our services become our property and may be used without restriction or compensation to you.

7.4 Third-Party Content

Our services may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for such third-party content.

8. Privacy and Data Protection

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the collection and use of information as outlined in the Privacy Policy.

8.1 Data Processing

• We process data on your behalf as a data processor under applicable privacy laws
• You are responsible for obtaining necessary consents from end-users
• You must comply with all applicable privacy and data protection laws
• We will cooperate with you to fulfill data subject requests as required by law

8.2 Security

We implement commercially reasonable security measures to protect your data. However, no method of transmission over the Internet is 100% secure, and we cannot guarantee absolute security.

9. Limitation of Liability

IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

These limitations apply regardless of the legal theory on which the claim is based, whether we had been advised of the possibility of such damage, and whether a remedy set forth herein is found to have failed its essential purpose.

10. Indemnification

You agree to defend, indemnify, and hold harmless RubyOrbit, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against any claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your Content or any content submitted through your account
• Any harm caused to third parties by your use of the services

11. Warranties and Disclaimers

11.1 Service Warranty

We warrant that our services will perform materially in accordance with the applicable documentation under normal use and circumstances.

11.2 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. YOU USE THE SERVICES AT YOUR OWN RISK.

12. Termination

12.1 Termination by You

You may terminate your account at any time through your account settings or by contacting support. Termination will be effective at the end of your current billing period.

12.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including:

• Breach of these Terms
• Non-payment of fees
• Suspected fraudulent, abusive, or illegal activity
• Request by law enforcement or government agency
• Extended period of inactivity
• Technical or security issues

12.3 Effect of Termination

• Upon termination, your right to use the services will immediately cease
• All provisions of these Terms that should survive termination will survive
• We may delete your account and data after termination
• You remain liable for all fees and charges incurred up to termination

12.4 Data Export

Upon request made within 30 days of termination, we will make your data available for export in a commonly used format, subject to technical feasibility and legal restrictions.

13. Dispute Resolution

13.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@rubyorbit.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or RubyOrbit may bring a formal proceeding.

13.2 Binding Arbitration

Arbitration Rules: The arbitration will be held under the Consumer Arbitration Rules of the American Arbitration Association (AAA). The AAA's rules are available at www.adr.org.

Arbitration Fees: Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. If you demonstrate financial hardship, we will pay these fees for you.

Location: Arbitration will be conducted in the county where you reside or in San Francisco County, California.

13.3 Exceptions

The following disputes are not subject to arbitration:

• Disputes relating to the theft, piracy, or unauthorized use of intellectual property
• Claims for injunctive or equitable relief
• Small claims court actions within that court's jurisdiction

13.4 No Class Actions

YOU AND RUBYORBIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.5 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and RubyOrbit regarding the services.

14.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

14.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and RubyOrbit's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without our prior written consent. We may assign our rights and obligations without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

14.6 Notices

We may provide notices to you via the email address associated with your account or through the services. You must provide notices to us at legal@rubyorbit.com or:

RubyOrbit, Inc.
Attn: Legal Department
123 Innovation Drive
San Francisco, CA 94107
United States

14.7 Export Compliance

You may not use, export, or re-export our services except as authorized by United States law and the laws of the jurisdiction in which the services were obtained. You represent and warrant that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country.

14.8 Government Use

If you are a U.S. government entity, our services are a "Commercial Item" as defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," and your rights are limited to those granted to all other end users.