Terms of Service

Please read these Terms of Service (these "Terms") carefully, as they constitute a legally binding agreement between Cadena Technologies, Inc., a Delaware corporation doing business as RubixOne, with its principal office in New York, NY ("RubixOne," "we," "us," or "our") and you, the end-user, including any employees, agents, contractors, or any other entity on whose behalf you accept these Terms (collectively, "you" and "your"). These Terms apply to your use of our website at www.rubixone.com and our Services (as defined below). If you are utilizing the Services as a representative of a party (e.g., your employer or customer, collectively the "Client"), your acceptance of these Terms also binds the Client.

This is a binding agreement. By using the Services, clicking "Accept" or agreeing to these Terms in a user interface, or signing a subscription agreement that incorporates these Terms, you are legally bound by these Terms. If you are entering these Terms on behalf of a Client, you represent and warrant that you have the authority to bind the Client, and references to "you" and "your" will apply to that Client. If you do not agree to all of these Terms, you must not use the Services or set up an Account.

By agreeing to these Terms, you expressly agree that, except for limited circumstances, disputes will be resolved by arbitration on an individual basis. You also agree that RubixOne may use your data and your customers’ data for AI and machine learning model training, monetization, and resale, and that you are responsible for ensuring compliance with all applicable laws, including the Telephone Consumer Protection Act (TCPA) and the National Do Not Call Registry, and indemnify RubixOne from any related legal actions.

1. Acceptance of These Terms

You agree to these Terms by opening an account under a username or by using the Services, notwithstanding any existing services agreement that incorporates these Terms by reference.

You also agree to abide by RubixOne’s other rules and policies, including our Privacy Policy (which explains what information we collect and how we protect it), which are expressly incorporated into these Terms. Please read them carefully.

These Terms remain in effect until terminated as described in Section 7 (Term and Termination).

2. Using the Services

a. Right to Use and License

Subject to your compliance with these Terms, RubixOne grants you a non-exclusive, non-transferable, non-assignable, non-sublicensable, and revocable (i) right to use the Services and (ii) where applicable for on-premise installations, a license to object code installed in your Systems (where "Systems" means computing machines running code, whether on your premises or on a third-party cloud platform), solely for deploying AI-powered communication solutions (calls, texts, and emails) and only as described in these Terms and any technical documentation provided with the Services.

You acknowledge that you are granted only a right to use the Services, and nothing is sold to you. You do not acquire any ownership interest in the Services or any rights beyond those specified in these Terms. We reserve all rights not expressly granted.

b. What We Provide

The Services include a hosted software solution ("Platform") that enables you to deploy AI-powered communication tools ("RubixOne AI Copilot") for handling customer inquiries via calls, texts, and emails in real-time, optimizing conversations for business opportunities.

Our Platform orchestrates multiple modules, including a transcription service module to transcribe speech to text, a large language model (LLM) to process and generate responses, and a text-to-speech module to deliver responses, all accessible via our API or web dashboard ("Dashboard"). The Platform ensures low-latency, human-like interactions by managing endpointing, interruptions, and background noise filtering. For more details, see How RubixOne Works.

c. Third Parties

Our Platform integrates with third-party service providers ("Providers") for transcription, LLM processing, and voice generation. When using the Services, Your Content (as defined below) will be shared with Providers, subject to their terms and conditions. RubixOne is not responsible for Providers’ actions or compliance, and we make no representations or warranties on their behalf. You may customize which Providers to use via the Dashboard, including bringing your own API keys. If you use your own API keys, you will be billed directly by the Provider, and RubixOne’s fees will adjust accordingly. For more details, see our Documentation.

d. Data Usage and Monetization

By using the Services, you grant RubixOne a worldwide, royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive license to host, store, use, reproduce, modify, adapt, analyze, transmit, distribute, monetize, and resell Your Content (including your data and your customers’ data) for any purpose, including training AI and machine learning models, improving the Services, and commercial exploitation. You represent and warrant that you have obtained all necessary consents and licenses from your customers to grant RubixOne these rights and that such use complies with all applicable laws.

e. TCPA, Do Not Call Compliance, and Legal Compliance

You represent and warrant that:

• You have obtained all necessary consents from your customers for communications via calls, texts, and emails, in compliance with the Telephone Consumer Protection Act (TCPA), the National Do Not Call Registry, similar do-not-call lists in your jurisdiction, and any other applicable laws or regulations.
• You are solely responsible for ensuring compliance with all applicable laws, including maintaining and adhering to the National Do Not Call Registry and any internal or jurisdictional do-not-call lists, respecting calling time restrictions (e.g., 8 a.m. to 9 p.m. local time), and providing proper caller identification.
• You have informed your customers of your privacy policies and their rights regarding data processing, including AI-driven communications.
• You indemnify, defend, and hold harmless RubixOne and its affiliates from any claims, losses, or liabilities arising from your or your customers’ non-compliance with TCPA, the National Do Not Call Registry, other do-not-call lists, or any other applicable laws.

RubixOne is not responsible for your compliance with TCPA, the National Do Not Call Registry, or other laws and provides the Services on the assumption that you have fulfilled all legal obligations. You agree to notify RubixOne immediately of any legal actions or complaints related to your use of the Services at support@rubixone.com.

f. Use Restrictions

You agree not to, directly or indirectly (and will not permit any third party to):

1. Use the Services for any purpose other than as intended under these Terms, including not licensing, selling, renting, leasing, transferring, assigning, reproducing, distributing, hosting, or commercially exploiting the Services.
2. Use the Services in violation of any applicable law or regulation, including TCPA or the National Do Not Call Registry, or in a manner that gives rise to criminal or civil liability.
3. Create AI communication tools for illegal purposes.
4. Use RubixOne’s name, trademarks, logos, or other materials except as permitted by these Terms.
5. Remove or alter any copyright notices or proprietary markings in the Services.
6. Copy, modify, adapt, reverse engineer, decompile, disassemble, or create derivative works of the Services, except as permitted by applicable law.
7. Use automated means (e.g., robots, spiders) to access or scrape data from the Services.
8. Upload malicious code or compromise the security of the Services.
9. Impersonate others or misrepresent your affiliation.
10. Use the Services in a manner that violates HIPAA or PCI DSS unless appropriate settings are enabled to designate compliance.
11. Use the Services to develop competing AI models or foundational models.

Violations of these restrictions, as determined by RubixOne in its sole discretion, constitute a breach of these Terms.

g. Service Updates

RubixOne may update the Services, including adding or removing features, with or without notice. You may be required to accept updates to software installed on your Systems.

h. Fees

Usage of the Services is subject to fees outlined on our website. Fees are based on the volume of communication minutes processed. RubixOne may revise fees or introduce new features with additional charges, effective at the end of your current subscription term. Fees are separate from those charged by Providers or other third parties you may engage. See our Billing Guidance for details.

3. Creating an Account

a. Registration

To access the Services, you must register for an account ("Account") and provide accurate and complete information as prompted. You agree to maintain and update this information to keep it accurate. You may delete your Account at any time per Section 7(b).

b. Eligibility

The Services are available only to users who can form legally binding contracts under applicable law. You represent that you are at least 18 years old or the age of majority in your jurisdiction and are not barred from using the Services under U.S. or other applicable laws.

c. User Information & Credentials

You are responsible for the security and confidentiality of your login credentials and for all activities under your Account. You may not share your credentials and must notify RubixOne immediately of any unauthorized use at support@rubixone.com.

4. Intellectual Property Rights, Ownership, and Grants

a. Your Content

All materials uploaded to or transmitted via the Platform, including your data and your customers’ data, are your content ("Your Content"). You own all rights and title in Your Content, subject to the licenses granted to RubixOne. RubixOne does not claim ownership of Your Content except as granted under these Terms.

b. Rights You Grant Us

1. You grant RubixOne a worldwide, royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive license to host, store, cache, use, display, reproduce, modify, adapt, edit, analyze, transmit, distribute, monetize, and resell Your Content for any purpose, including providing the Services, training AI and machine learning models, and commercial exploitation. This includes sharing Your Content with Providers as necessary to deliver the Services.
2. If you enable the "hipaaEnabled" option in the API, data persistence is disabled, and RubixOne will not store call logs, recordings, or transcriptions after a call. If disabled, RubixOne may use persisted data for model training to improve call features, excluding customer-specific intelligence.
3. You grant RubixOne a perpetual, irrevocable, worldwide, non-exclusive, sublicensable license to use any ideas, suggestions, or feedback ("Feedback") you provide without obligation or restriction.

c. RubixOne’s Rights

RubixOne and its licensors own all rights to the Services, including proprietary LLMs, software, content, and other materials. You are granted only the use rights specified in Section 2, subject to compliance with these Terms and payment of fees.

d. Rights Granted to Third Parties

Providers require rights to handle Your Content per their terms. You are responsible for reviewing and complying with Provider terms. RubixOne does not guarantee Provider compliance.

5. Aggregate Stats

RubixOne may monitor your use of the Services and compile anonymized, aggregated data ("Aggregated Statistics") for improving and promoting the Services. RubixOne owns all rights to Aggregated Statistics.

6. Communications

By using the Services, you agree to receive communications from RubixOne, including emails and push notifications, regarding your Account, Service updates, and industry news.

7. Term and Termination

a. Term

These Terms begin on the earlier of your Account creation or acceptance of these Terms and continue until terminated.

b. Termination by RubixOne

RubixOne may suspend or terminate the Services immediately without notice if you breach these Terms, if required by law, or if it is commercially impracticable to provide the Services. RubixOne is not liable for termination, but will refund any prepaid fees on a pro-rata basis for the remaining subscription term.

c. Termination by You

You may terminate by notifying RubixOne at support@rubixone.com to stop providing Services.

d. Effect of Termination

Upon termination, your use rights cease, and you may lose access to your Account and related data. RubixOne is not liable for any resulting loss.

e. Survival

Sections 4(a), 4(b)(ii), 4(c), 4(d), 7(d), 9, 10, 11, 12, 14, 16, and 19 survive termination.

8. Changes to Terms

RubixOne may revise these Terms, posting updates at www.rubixone.com and notifying registered users via email. Changes are effective immediately for new users and 30 days after notice for existing users. Continued use after changes constitutes acceptance.

9. Indemnity

a. Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless RubixOne, its directors, officers, employees, licensors, Providers, and agents ("RubixOne Parties") from any claims, losses, liabilities, damages, costs, and expenses (including attorneys’ fees) arising from:

• Your access to or use of the Services.
• Your breach of these Terms or any applicable law, including TCPA, the National Do Not Call Registry, or other do-not-call lists.
• Your or your customers’ non-compliance with consent requirements for communications or do-not-call list obligations.
• Your negligence or willful misconduct.
• Any claims by your customers related to data usage, monetization, or communications.

You will cooperate with RubixOne in defending such claims, and RubixOne may assume control of the defense at its discretion.

b. Indemnification by RubixOne

RubixOne will indemnify you and your officers, directors, employees, contractors, and licensors ("Subscriber Indemnitees") against claims that the Services (excluding Your Content) infringe third-party Intellectual Property Rights or arise from RubixOne’s gross negligence, willful misconduct, or fraud. RubixOne will have sole control of the defense and settlement, provided no settlement admits fault or requires action by you without your consent.

c. Injunctions

If the Services are likely to be enjoined due to infringement, RubixOne may:

• Modify the Services to be non-infringing.
• Procure the right to continue use.
• Terminate the Services and refund pro-rata prepaid fees.

d. Exclusions

RubixOne is not liable for claims resulting from your modifications to the Services, failure to safeguard credentials, or use of the Services in violation of these Terms.

e. Sole Remedy

This section states RubixOne’s entire obligation regarding infringement claims.

10. Disclaimer of Warranties

The Services are provided "as is" and "as available," with all faults. RubixOne disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. RubixOne does not guarantee uninterrupted, error-free, or secure Services, nor the accuracy of AI-generated outputs. You are responsible for all communication minutes processed, regardless of volume.

11. Limitation of Liability

To the fullest extent permitted by law:

• Neither party is liable for indirect, incidental, special, or consequential damages, including loss of profits, revenue, or data.
• Each party’s liability is capped at the greater of $100 or the amount you paid RubixOne in the 12 months preceding the claim.

Some jurisdictions may not allow these limitations, so they may not fully apply to you.

12. Governing Law and Dispute Resolution

a. Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict of law provisions.

b. Arbitration

Disputes arising from these Terms or the Services will be resolved by binding arbitration, except for claims involving RubixOne’s intellectual property rights, theft, piracy, privacy invasion, or equitable relief. Arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in New York, NY.

c. Informal Dispute Resolution

Before arbitration, parties will attempt to resolve disputes informally via a telephonic or videoconference meeting within 45 days of written notice. Notice to RubixOne must be sent to support@rubixone.com with your contact details and dispute description.

d. Waiver of Jury Trial

You and RubixOne waive any right to a jury trial for disputes.

e. Waiver of Class Actions

Disputes must be brought on an individual basis, not as part of a class, collective, or representative action.

13. International Use

The Services may be accessed globally, but RubixOne makes no representations about their availability or appropriateness outside the U.S. You are responsible for compliance with local laws.

14. Severability, Waiver

If any provision is unenforceable, it will be severed, and the remaining provisions will remain in effect. No waiver of any provision constitutes a continuing waiver.

15. Export Control

You may not use the Services in violation of U.S. export laws, including in embargoed countries or by individuals on U.S. government restricted lists. You represent that you are not located in such a country or on such a list.

16. Notice

Notices must be in writing and sent to RubixOne at support@rubixone.com or to you at the email or physical address associated with your Account. Notices are effective upon delivery or, for email, when sent during business hours.

17. Assignment

You may not assign these Terms without RubixOne’s prior written consent. RubixOne may assign these Terms without your consent.

18. Force Majeure

RubixOne is not liable for delays or failures due to causes beyond its control, such as acts of God, war, or natural disasters.

19. Source Code Disclosures

RubixOne may incorporate open-source software under permissive licenses, including those under the Mozilla Public License 2.0 (MPL 2.0). Source code for such libraries is available as required by the license at https://www.mozilla.org/en-US/MPL/2.0/.

20. Final Terms

These Terms, along with any RubixOne ordering documents, constitute the entire agreement between you and RubixOne, superseding all prior agreements. No purchase order issued by you will control.

21. Contact Us

For inquiries, contact us at support@rubixone.com or visit our Documentation.