Terms of Service

The following terms and conditions govern all access to and use of the Rubix3 web application, rubix3.app, the www.rubix3.io website ("Website") and service (together, "Rubix3") including all content, services and products available at or through Rubix3.

Rubix3 is owned and operated by Rubix3 LLC ("Rubix", "we", "our" or "us"). Rubix3 is offered subject to your acceptance of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website, including the Rubix3 Privacy Policy (collectively, the "Agreement").

Please read the Agreement carefully before accessing or using Rubix3. Your accessing or using any part of Rubix3 evidences your agreement to be bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access or use Rubix3.

1. Rubix3

The rubix3.io web application allows you to connect various data sources such as Shopify, Google Analytics, Google Ads, etc. and to receive notifications of analysis from these data sources on rubix3.app website.

Rubix may also, in the future, update current services and/or features or offer new services and/or features to Rubix3 (including, the release of new tools and resources). Such updated or new features and/or services shall be subject to the terms and conditions of the Agreement.

Access to Rubix3 is permitted on a temporary basis. We reserve the right to modify or discontinue offering or updating Rubix3 at any time without notice.

After an initial free trial period, if any, your use of Rubix3 and your access to the data and information stored in your Rubix Account requires a paid subscription. The subscription you selected will automatically begin and the credit card you provided will be charged for that subscription unless you cancel Rubix3 before the expiration of a free trial period or the preceding subscription period, as the case may be. You can cancel your subscription at any time at Website's Billing Page or by contacting customer support team using the info@rubix3.io email.

Until you cancel your subscription, your subscription will be renewed automatically and your credit card will be charged for each renewal at the end of each subscription period. Prices are subject to change upon notice from us. Such notice may be provided at any time by posting the changes to the site or Rubix3 itself.

If you have any questions, comments or requests regarding your subscription, please email info@rubix3.io.

2. Slack Service

Rubix3 and Slack Technologies Inc, the provider of the Slack communication service, ("Slack") are different entities. There is no relationship between Rubix3 and Slack, other than Rubix3 being a licensee and user of the Slack API for the purpose of providing Rubix3. Slack is not responsible for Rubix3 and will not provide support for Rubix3.

These terms do not apply to your use of the Slack services. Such use is governed by the Slack Terms of Service available on the website www.slack.com.

3. Use of Rubix3 and Creation of Rubix3 Account

In order to use Rubix3, you must be 18 years of age or older, or be 16 years of age or older and have your parent or guardian's consent to the Agreement. You must also have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws.

You may create a Rubix3 account in your personal capacity (in which case the terms "you" or "your" apply to yourself only) or on behalf of a company or other legal entity (your "Company") which you have the authority to bind (in which case the terms "you" or "your" shall refer to such entity and all permitted Members and Administrative Users (as defined in the Slack Terms of Service).

By signing into your Slack account on the Website, you grant us access to and permission to process Personal Information (as defined in the Rubix3 Privacy Policy and other information in your Slack account. Our use, access and processing of your Personal information and other information is subject to our Privacy Policy which is a material part of this Agreement.

You are responsible for maintaining the security of your Slack Account (including your username and password), and you are fully responsible for all activities that occur under your Slack Account and any other actions taken in connection with it, whether by yourself or other users. You must immediately notify Rubix3 of any unauthorized uses and users of your Slack Account integrated with the help desk or any other breaches of security. Rubix3 will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

4. Intellectual Property

We are the owner or the licensee of all intellectual property rights in Rubix3 and in the material published on it. Subject to the terms and conditions of this Agreement we grant you: a limited, non-exclusive, non-transferable, revocable license to make use of Rubix3 (excluding the Website) solely for internal business purposes during the term of the free trial and thereafter for the term of any paid subscription to Rubix3; and a limited, non-exclusive, revocable license to make personal, non-commercial use of the Website and the material published on it. You are granted these licenses on the condition that you do not, and you do not allow others to: (i) make any use of Rubix3 or the Website to decompile, disassemble, or otherwise reverse engineer Rubix3 or any portion thereof; (ii) collect or harvest any information or data from any content or our systems or attempt to decipher any transmissions to or from the servers running Rubix3; (iii) conduct benchmark or performance tests or disclose the results of any such tests; (iv) permit third parties to access or use Rubix3 for any purpose; or (v) use Rubix3 for any purpose other than your actual internal business needs and not for competitive or other prohibited purposes. Unauthorized use outside the terms and conditions of these licenses constitutes infringement of Rubix3' intellectual property rights. These licenses shall terminate when the Agreement terminates in accordance with Section 7 (Termination).

The Agreement does not transfer any of Rubix3 or any of Rubix3's licensors' intellectual property to you. Title to such intellectual property will remain solely with Rubix3 or Rubix3's licensors (as applicable).

All Rubix3 trademarks, service marks, trade names, logos, domain names, and any other features of the Rubix3 brand are the sole property of Rubix3. Your use of Rubix3 grants you no right or license to reproduce or otherwise use any of Rubix3' trademarks, service marks, trade names, logos, domain names or any other features of the Rubix3' brand, whether for commercial or non-commercial use.

5. Data Maintenance and Backup Procedures

In the event of any loss or corruption of your proprietary data and information input into and/or stored by the Services (the "Customer Data"), Rubix3 shall use its commercially reasonable efforts to restore the lost or corrupted Customer Data from the latest backup of such Customer Data maintained by Rubix3 in accordance with Company's archival procedure. Company shall not be responsible for any loss, destruction, alteration, unauthorized disclosure or corruption of Customer Data caused by any third party. Rubix3's EFFORTS TO RESTORE LOST OR CORRUPTED CUSTOMER DATA PURSUANT TO THIS SECTION 5 SHALL CONSTITUTE COMPANY'S SOLE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY LOSS OR CORRUPTION OF CUSTOMER DATA.

6. Telecommunications and Internet Services

You acknowledge and agree that your use of the Services is dependent upon access to Internet services. You are solely responsible for acquiring and maintaining all Internet services and other hardware and software required to access and use the Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to the foregoing. Rubix3 shall not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such telecommunications and Internet services.

7. Third Party Sites

Rubix3 may contain links to other independent third-party websites ("Third-party Sites"). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

8. Changes

We reserve the right to change the Agreement at any time for any reason. Any changes we may make to the Agreement in the future will be notified to you by posting an updated version of the Agreement on this page with an updated revision date and, where appropriate, by email. Your continued use of or access to Rubix3 following the notification of any changes to the Agreement constitutes acceptance of those changes.

9. Termination

Rubix3 may terminate the Agreement and suspend your access to all or any part of Rubix3 immediately by contacting you at your email address on record if:

you commit a breach of the Agreement, as determined by us in our discretion, or we suspect that may be the case; or we consider termination necessary to protect the integrity or security of the systems used by us at any time. If you wish to terminate the Agreement, you must cancel your Rubix3 Account.

On termination of the Agreement by any party and for any reason all rights granted to you under the Agreement shall cease and you must immediately cease all activities authorized by the Agreement, including your use of Rubix3 .

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RUBIX3 IS PROVIDED "AS IS" AND "AS AVAILABLE". RUBIX3 HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. RUBIX3 DOES NOT WARRANT THAT RUBIX3 WILL BE COMPLETE, ACCURATE, RELIABLE, TIMELY, SECURE, ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU ARE USING Rubix3 AT YOUR OWN DISCRETION AND RISK.

We do not warrant, endorse, guarantee or assume responsibility for any Messages, or any other product or service advertised or offered by a third party on or through Rubix3 .

The provisions in this clause do not affect your statutory or mandatory rights which cannot be excluded by applicable law.

11. Limitation of Liability

IN NO EVENT WILL RUBIX3 BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THE AGREEMENT UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE CLAIM FOR:

(I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES;

(II) LOSS OF PROFIT, BUSINESS, REVENUE, ANTICIPATED SAVINGS, BUSINESS OPPORTUNITY;

(III) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; OR

(IV) THE COST OF INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR

(V) MORE THAN THE FEES PAID AND PAYABLE BY YOU TO RUBIX3 IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE ACT OR OMISSION FIRST GIVING RISE TO THE LIABILITY.

Rubix3 shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

12. Representations and Warranties

You represent and warrant that your use of the Rubix3 Service will be in strict accordance with the Agreement. In particular, you represent and warrant that: you will comply with the Slack Terms of Service at all times; you will provide us with accurate information (where required); you will not use the Rubix3 Service in the event of an emergency; you will not use the Rubix3 Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Rubix3 Service; you will not infringe our intellectual property rights or those of any third party in relation to your use of the Rubix3 Service; you will not do any of the following in relation to your use of the Rubix3 Service:

be obscene, offensive, hateful or inflammatory, defame any person, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, promote violence, promote any illegal activity, promote sexually explicit material, disclose the name, address, telephone number, e-mail address or any other personal data in respect of any individual without their consent, harass, upset, embarrass, threaten, alarm or annoy any other person, be likely to mislead or deceive any person, impersonate any person, or misrepresent your identity or affiliation with any person, contain any advertising or promote any services or web links to other sites, upload any data that is considered to be in a special category of data under applicable data protection laws and regulations, including, without limitation, the General Data Protection Regulation; and you will not use the Rubix3 Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.

13. Indemnification

You agree to indemnify and hold harmless Rubix3 and its respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Rubix3 Service, including but not limited to your violation of the Agreement.

14. Confidentiality

"Confidential Information" means, with respect to Rubix3: (a) the Services and Software, whether in source or executable code, documentation, non-public business information, including, without limitation, financial information, pricing, business plans, techniques, methods, processes and the results of any performance test of the Services or Software; (b) any written, machine-reproducible and/or visual materials that are clearly labeled as proprietary, confidential or with words of similar meaning, and any other information the nature of which would reasonably be expected to be proprietary or confidential; and (c) the specific terms and conditions of this Agreement. With respect to you, "Confidential Information" means: (y) your Customer Data; and (z) the specific terms and conditions of this Agreement. Confidential Information will not include information in the public domain through no fault of the receiving party or that is independently developed by a party without reference to Confidential Information of the other party. The parties will not use the Confidential Information of one another except as necessary for the performance of this Agreement and will not disclose such Confidential Information to any third party. The parties will use all reasonable efforts to maintain the confidentiality of one another's Confidential Information, but in no event less than the efforts that it ordinarily uses with respect to its own proprietary information of similar importance. The foregoing obligations will not restrict the parties from disclosing Confidential Information pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the parties give reasonable notice to one another to enable them to contest the order or requirement. In addition, Company may disclose this Agreement to its advisors, accountants, attorneys, current and prospective investors and potential acquirers, provided that any such third parties shall execute a binding agreement to keep such information confidential or be subject to a professional obligation to maintain the confidentiality of such information.

15. Co-Marketing

Customer agrees to participate in reasonable marketing activities that promote the benefits of the Service to other potential customers and to use of Customer's name and logo on Rubix3 web site and in Rubix3 promotional materials. Customer agrees that Rubix3 may disclose Customer as a customer of Rubix3.

16. Miscellaneous

The Agreement constitutes the entire agreement between Rubix3 and you concerning the provision of the Rubix3 Services.

The Agreement is between you and us and is not intended to grant rights, including the right to enforce any of its terms, to any other person. Any failure or delay by us to enforce the Agreement or any provision thereof shall not waive our right to do so.

We may transfer our rights and obligations under the Agreement to a third party, but this will not affect your rights or obligations under the Agreement.

Each of the terms and conditions of the Agreement operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect and will be construed as far as possible to give effect to the parties' intentions as originally expressed in the Agreement.

17. Contact

If you have any questions, comments or requests regarding the Agreement, please email info@rubix3.io.