Terms of Use
Last Updated: October 1st, 2023
Thank you for using Roborubrics!
These Terms of Use apply when you use the services of Roborubrics, L.L.C. or our affiliates including our application programming interface, software, tools, developer services, data, documentation, and websites (“Services''). Please read these Terms carefully. By using our Services, you agree to be bound by these Terms. Additionally, our Privacy Policy outlines our practices regarding the collection and use of personal information.
0. Google API Services User Data Policy
0.1 Google API Services User Data Policy: Roborubrics use and transfer of information received from Google APIs to any other app will adhere to Google API Services User Data Policy, including the Limited Use requirements.
1. Registration and Access
1.1. Eligibility: To use our Services, you must be at least 13 years old. If you are under 18, you must obtain permission from your parent or legal guardian. If you are using our Services on behalf of another person or entity, you must have the legal authority to accept these Terms on their behalf.
1.2. Accurate Information: You are required to provide accurate and complete information during the registration process. You are responsible for safeguarding your access credentials and ensuring they are not shared with individuals outside your organization. You are also responsible for all activities conducted using your credentials.
2. Usage Requirements
2.1. Use of Services: You are granted a non-exclusive right to access and use our Services in accordance with these Terms. You must adhere to these Terms and comply with all applicable laws when using our Services. All rights, title, and interest in and to the Services are owned by us and our affiliates.
2.2. Feedback: We appreciate feedback, comments, ideas, proposals, and suggestions for improvements. If you provide such feedback, we may use it without restrictions or compensation.
2.3. Restrictions: You may not:
- Use the Services in a manner that infringes, misappropriates, or violates anyone's rights.
- Attempt to reverse-engineer, decompile, or discover the source code or underlying components of the Services, except where such restrictions are contrary to applicable law.
- Utilize the output from the Services to develop models that compete with Roborubrics LLC.
- Extract data or output from the Services using automated or programmatic methods, such as scraping, web harvesting, or web data extraction, unless expressly permitted through the API.
- Misrepresent that output from the Services was human-generated when it was not or otherwise violate our Usage Policies.
- Buy, sell, or transfer API keys without our prior consent.
- Transmit personal information of children under 13 years old or the applicable age of digital consent. You must comply with rate limits and other requirements specified in our documentation. You may use our Services only in the geographies currently supported by Roborubrics LLC.
2.4. Compliance with OpenAI's Terms of Use: By default, users of Roborubrics also agree to abide by all the policies established by OpenAI. In the event that a user is found to be in violation of OpenAI's terms and policies, they acknowledge that their Roborubrics account may be subject to termination, and they may be held liable for any potential damages, including but not limited to financial losses, potential financial losses, loss of confidence in the Roborubrics brand, and any other losses or damages incurred by Roborubrics as a result of their actions. Users are strongly urged to familiarize themselves with OpenAI's terms and policies and to ensure their compliance.
2.5. Third-Party Services: Any third-party software, services, or products used in conjunction with our Services are subject to their own terms, and we assume no responsibility for third-party products.
3. Content
3.1. Your Content: You may provide input to our Services ("Input") and receive output generated by our Services based on the Input ("Output"). Input and Output collectively constitute "Content." Subject to your compliance with these Terms, Roborubrics LLC assigns to you all its right, title, and interest in and to Output. This means you can use Content for any purpose, including commercial use, provided that you adhere to these Terms. We may use Content to provide and maintain our Services, comply with applicable laws, and enforce our policies. You are solely responsible for Content and must ensure that it does not violate any applicable laws or these Terms.
3.2. Similarity of Content: Due to the nature of machine learning, Output may not be unique across users, and our Services may generate the same or similar output for different users. For example, if you provide Input like "What color is the sky?" and receive the Output "The sky is blue," other users may receive the same response when asking similar questions. Responses generated for other users are not considered your Content.
3.3. Use of Content to Improve Services: We do not use Content that you provide to or receive from our API ("API Content") to develop or improve our Services.
3.4. Accuracy: Artificial intelligence and machine learning are continually evolving fields. While we work to improve our Services, they may sometimes produce incorrect Output that does not accurately represent real people, places, or facts. You are responsible for evaluating the accuracy of any Output, particularly in your specific use case, which may require human review.
3.5. User Responsibility for Generated Content: By utilizing the services of Roborubrics, the User acknowledges and agrees that they are solely responsible for all content and work generated by Roborubrics. It is the User's sole responsibility to thoroughly review and assess all content and work generated by Roborubrics. Roborubrics, its creators, affiliates, and associates shall not be held liable or responsible for any legal, ethical, or other obligations that may arise as a result of the content or work generated by Roborubrics. Users are encouraged to exercise due diligence and discretion when using the service.
4. Fees and Payments
4.1. Subscription Fees and Billing: When using Roborubrics, you agree to pay all applicable subscription fees ("Subscription Fees") according to the pricing and terms specified on our pricing page or as otherwise mutually agreed upon in writing. We reserve the right to rectify any pricing errors or inaccuracies, even after issuing invoices or receiving payments. It is your responsibility to provide accurate billing information and authorize us, our affiliates, or third-party payment processors to charge your designated payment method for the Subscription Fees. We may, at our discretion, adjust the billing date. Failure to complete payment may result in the suspension of your access to the Services until payment is received.
4.2. Taxes: Unless explicitly indicated otherwise, the Subscription Fees do not encompass applicable taxes ("Taxes"). You are responsible for remitting all Taxes linked to your subscription, excluding Taxes based on our net income, and we may send you an invoice for such Taxes. You agree to promptly settle any Taxes and furnish any required documentation in a reasonable manner. For tax purposes, we rely on the information provided in your account registration and expect you to maintain its accuracy.
4.3. Price Adjustments: We reserve the right to modify our pricing structure by notifying you through your account or our website. Price alterations will take effect 14 days after the notice is posted, unless they are made for legal reasons or apply to Beta Services, in which case they will be effective immediately. Any revised prices will apply to Subscription Fees billed to your account immediately following the effective date.
4.4. Disputes and Overdue Payments: If you wish to dispute any Subscription Fees or Taxes, please contact our Accounts Receivable team at ar@roborubrics.com within thirty (30) days of receiving the disputed invoice. Outstanding amounts may incur a finance charge of 1.5% per month. Failure to remit Subscription Fees may lead to the suspension of your access to the Services after we provide you with written notice of overdue payment.
5. Confidentiality, Security, and Data Protection
5.1. Confidentiality: You may have access to Confidential Information from Roborubrics LLC, its affiliates, or third parties. You must use Confidential Information only as required to use the Services in compliance with these Terms. You must not disclose Confidential Information to third parties and must protect it as you would your own confidential information. "Confidential Information" includes nonpublic information designated as confidential or reasonably considered confidential, such as software, specifications, user data, and other nonpublic business information. Confidential Information excludes information that: (i) becomes generally available to the public without your involvement; (ii) you already possess without confidentiality obligations when received under these Terms; (iii) is rightfully disclosed by a third party without confidentiality obligations; or (iv) you independently developed without using Confidential Information. You may disclose Confidential Information when legally required, provided you give us reasonable prior written notice and make reasonable efforts to limit disclosure.
5.2. Security: You must implement reasonable security measures to safeguard your access to and use of the Services. If you discover vulnerabilities or breaches related to your use of the Services, you must promptly inform Roborubrics LLC and provide details of the vulnerability or breach.
5.3. Processing of Personal Data: Users who choose to process personal data using our Services are solely responsible for compliance with all applicable privacy laws, including the obligation to provide appropriate privacy notices and obtain necessary consents. Roborubrics shall not be held responsible for any user-initiated processing of personal data and its associated legal obligations.
6. Term and Termination
6.1. Termination; Suspension: These Terms are effective upon your first use of the Services and continue until terminated. You may terminate these Terms at any time by discontinuing use of the Services. Roborubrics LLC may terminate these Terms for any reason with at least 30 days' notice. We may terminate these Terms immediately if you materially breach Sections 2 (Usage Requirements), 5 (Confidentiality, Security, and Data Protection), 8 (Dispute Resolution), or 9 (General Terms), if changes occur with third-party technology providers beyond our control, or to comply with law or government requests. We may suspend your access to the Services for non-compliance, security risks, suspected fraud, or potential liability.
6.2. Effect on Termination: Upon termination, you must cease using the Services and promptly return or, if instructed by us, destroy any Confidential Information. Sections of these Terms that should survive termination, including Sections 3 and 5-9, will continue to apply.
7. Indemnification; Disclaimer of Warranties; Limitations on Liability
7.1. Indemnity: You agree to defend, indemnify, and hold us, our affiliates, and our personnel harmless from any claims, losses, and expenses (including attorney's fees) related to your use of the Services, including Content, products, or services developed or offered in connection with the Services, and any breach of these Terms or violation of applicable law.
7.2. Disclaimer: THE SERVICES ARE PROVIDED "AS IS." TO THE EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) WITH RESPECT TO THE SERVICES AND DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
7.3. Limitations of Liability: NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8. Dispute Resolution
PLEASE READ THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS CAREFULLY:
8.1. Mandatory Arbitration: You and Roborubrics LLC agree to resolve any disputes related to these Terms or our Services through final and binding arbitration, except you have the right to opt out of these arbitration terms and future changes to them by filling out this form within 30 days of agreeing to these arbitration terms or any relevant changes.
8.2. Informal Dispute Resolution: Before filing a claim against Roborubrics LLC, you agree to attempt to resolve the dispute informally by notifying us at support@roborubrics.com with your name, a description of the dispute, and the desired resolution. If no resolution is reached within 60 days, you may initiate formal proceedings, with any statute of limitations tolled during the 60-day period. If you reside in the EU, you can access the European Commission's online dispute resolution platform at https://ec.europa.eu/consumers/odr.
8.3. Arbitration Forum: Either party may commence arbitration through ADR Services, an alternative dispute resolution provider. The parties will share arbitration fees equally, with Roborubrics LLC covering your fees if you cannot afford them and cannot obtain a waiver. Roborubrics LLC will not seek attorneys' fees and costs in arbitration unless the arbitrator deems your claim frivolous.
8.4. Arbitration Procedures: Arbitration may be conducted by telephone, based on written submissions, video conference, or in person in Hawaii County, Hawaii, or at another agreed-upon location. The arbitration will be conducted by a sole arbitrator according to ADR Services' prevailing rules. The arbitrator decides all issues except those related to the scope, enforceability, and arbitrability of this Section 8 and pre-arbitration requirements. The settlement offer amount is not disclosed to the arbitrator until a final award is determined, if any.
8.5. Exceptions: This arbitration section excludes arbitration for individual claims brought in small claims court and for injunctive or equitable relief related to unauthorized use or abuse of the Services or intellectual property infringement.
8.6. No Class Actions: Disputes must be pursued individually, not as part of a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted. If a dispute proceeds in court rather than arbitration, both parties waive the right to trial by jury. This does not affect participation in class-wide settlements of claims.
8.7. Mass Filings: If 30 or more similar arbitration demands against Roborubrics LLC are filed by the same or coordinated counsel or entities ("Mass Filing"), ADR Services will assign sequential numbers to each demand. Claims numbered 1-10 constitute the "Initial Test Cases" and proceed to arbitration first. The arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference. The parties then have 90 days (the "Mediation Period") to resolve the remaining cases through mediation based on the Initial Test Cases' awards. If the disputes cannot be resolved during this period, the parties may opt out of arbitration and proceed in court by providing written notice within 60 days after the Mediation Period. Otherwise, the remaining cases will be arbitrated in their assigned order, with tolling of any statute of limitations during this process.
8.8. Severability: If any part of this Section 8 is found illegal or unenforceable, the remainder will remain in effect. However, if partial illegality or unenforceability would permit Mass Filing or class or representative arbitration, this Section 8 will be entirely unenforceable. Nothing in this section waives or limits the right to seek public injunctive relief or any other non-waivable right pending a ruling on the claim substance by the arbitrator.
9. General Terms
9.1. Relationship of the Parties: These Terms do not create a partnership, joint venture, or agency relationship between you and Roborubrics LLC or any of Roborubrics LLC’s affiliates. We are independent contractors, and neither party has the authority to bind the other or incur obligations on the other’s behalf without written consent.
9.2. Use of Brands: You may not use Roborubrics LLC's or its affiliates' names, logos, or trademarks without our prior written consent.
9.3. U.S. Federal Agency Entities: The Services were privately developed at private expense and constitute commercial computer software and related documentation under applicable U.S. Federal Acquisition Regulation and agency supplements.
9.5. Assignment and Delegation: You may not assign or delegate rights or obligations under these Terms, including with respect to a change of control, and any such attempt is void. We may assign these Terms in connection with mergers, acquisitions, asset sales, corporate reorganizations, or to any affiliate.
9.6. Modifications: We may amend these Terms at any time by posting a revised version on the website. Changes will be effective immediately upon posting. It is your responsibility to regularly check the Terms at https://www.roborubrics.com/terms for updates. Your continued use of the Services after any change signifies your acceptance of the updated Terms.
9.7. Notices: All notices must be in writing. We may notify you using the registration information you provided or the email associated with your use of the Services. Notice is deemed given upon receipt if sent by email or when sent via courier by post. We accept service of process at this address: Roborubrics LLC, 1001 Bishop St. Ste 2685a, Honolulu, HI 96813
9.8. Waiver and Severability: Non-enforcement of any rights does not constitute waiver of such rights. If any part of these Terms is deemed illegal or unenforceable, the remainder remains valid. If partial illegality or unenforceability would allow Mass Filing or class or representative arbitration, the entire Section 8 (Dispute Resolution) is unenforceable. This section does not waive or limit the right to seek public injunctive relief or any other non-waivable right pending a ruling on the claim substance by the arbitrator.
9.9. Entire Agreement: These Terms and any incorporated policies constitute the entire agreement between you and Roborubrics LLC regarding the Services and supersede prior agreements, communications, or understandings on the same subject, except for any Service-specific terms of use or applicable enterprise agreements.
9.10. Jurisdiction, Venue, and Choice of Law: These Terms are governed by the laws of the State of Hawaii, without regard to its conflict of law principles. All claims arising from these Terms must be brought exclusively in federal or state courts located in Hawaii County, Hawaii, USA, except as provided in the "Dispute Resolution" section.