Terms of Service

These Terms of Service (“Terms”) are a binding agreement between RubricMind Inc. (“RubricHQ”, “we”, “us”, or “our”) and the individual or entity that accesses or uses the RubricHQ platform, websites, and related services (collectively, the “Services”). By creating an account, accessing, or using the Services, you (“you” or “Customer”) agree to these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization.

Please read these Terms together with our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, do not use the Services.

1. The Services and your account

RubricHQ is a testing and evaluation platform for voice AI agents. It lets you simulate voice calls, run batch tests, evaluate transcripts, and optimize conversational AI systems. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes.

You must be at least 18 years old and provide accurate account information. You are responsible for safeguarding your credentials and for all activity that occurs under your account and workspace. Notify us promptly of any unauthorized use.

2. Acceptable use

You agree not to, and not to permit anyone to:

• Use the Services to place calls to real people, customers, or the general public. The Services are for testing your own AI agents only and must not be used for live or production bot calling of any kind;
• Use the Services to place calls to any number you do not own or are not authorized to test, or to emergency services (such as 911), regulated hotlines, or premium-rate numbers;
• Use the Services for unsolicited calls, robocalling, telemarketing, outreach campaigns, or any activity that violates the TCPA, TSR, TRACED Act, or similar telecommunications, anti-spam, or consumer-protection laws;
• Use the Services to harass, defraud, impersonate, or harm any person, or to generate unlawful, deceptive, or infringing content;
• Violate call-recording, wiretapping, or two-party consent laws applicable to the calls you run;
• Reverse engineer, resell, or provide the Services to third parties except as expressly permitted;
• Interfere with, overload, or circumvent the security, rate limits, or integrity of the Services; or
• Use the Services in violation of applicable law or the terms of our third-party providers.

We may suspend or limit access to investigate suspected violations or to protect the Services, our providers, or third parties.

3. Testing-only use and customer responsibility

The Services are a testing tool intended solely for testing and evaluating your own AI voice agents. They must not be used to place production or live bot calls to real people, customers, or the general public. To run a test, the Services connect over live telephony to the AI agent, endpoint, or number you designate, which may involve IVRs, voicemail, hold queues, and any transfer or escalation your own agent triggers during the test. You acknowledge and agree that you are solely responsible for:

• Ensuring every test targets only your own systems or systems you are authorized to test, and never a real end user;
• Obtaining all authorizations, notices, and consents required for the tests you run and for recording or processing their contents;
• Configuring your tests to safely handle any transfer, escalation, hold, keypad/DTMF flow, or hand-off your own agent triggers; and
• All telephony, carrier, and usage charges arising from tests run through the Services.

We are not responsible for the consequences of tests you configure and initiate, for any use of the Services to call real people in violation of these Terms, or for how downstream systems and people handle a transferred or escalated call.

4. Customer data and content

As between the parties, you retain all rights to the prompts, scenarios, recordings, transcripts, configurations, and other data you submit (“Customer Data”). You grant us a worldwide, non-exclusive license to host, process, transmit, and display Customer Data solely to provide, secure, and improve the Services and as described in our Privacy Policy.

You represent and warrant that you have all rights and consents necessary to submit Customer Data and to allow us and our subprocessors to process it. When sharing data for observability or support, you are responsible for masking or removing personally identifiable information (PII) and sensitive data, and we are not responsible for unmasked PII you choose to share, as described in the Privacy Policy.

We do not use Customer Data to train our own general-purpose models and require our AI subprocessors not to train on it where opt-outs are available.

5. AI output; no reliance

The Services use artificial intelligence to generate, transcribe, synthesize, and evaluate conversations. AI output can be inaccurate, incomplete, or unexpected. You are responsible for reviewing output and must not rely on it as the sole basis for any regulated, legal, financial, medical, or safety-critical decision. The Services are provided for testing and evaluation and are not a substitute for professional judgment or human review.

6. Fees, credits, and billing

Paid plans and usage-based credits are billed through our payment processor, Stripe. You agree to pay all fees for the plan you select and all usage (including call and processing credits) incurred under your account. Unless stated otherwise, fees are non-refundable, exclusive of taxes, and charged in advance for subscriptions and as incurred for usage.

We may change pricing prospectively with notice. Failure to pay may result in suspension or termination. You are responsible for all applicable taxes other than taxes on our net income.

7. Third-party services

The Services rely on third-party subprocessors for hosting, telephony, AI inference, speech-to-text, text-to-speech, analytics, payments, and support. The current list is in our Privacy Policy. Your use of the Services may also be subject to those providers’ terms. We are not responsible for third-party services we do not control.

8. Intellectual property and feedback

We and our licensors own all rights in the Services, including software, models, interfaces, and documentation. Except for the limited rights granted here, no rights are transferred to you. If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction.

9. Confidentiality

Each party may access non-public information of the other. The receiving party will use such information only to perform under these Terms and will protect it with reasonable care. This does not apply to information that is public, independently developed, or rightfully obtained from a third party.

10. Term, suspension, and termination

These Terms apply while you use the Services. You may stop using the Services and close your account at any time. We may suspend or terminate access if you breach these Terms, fail to pay, or use the Services in a way that risks harm or legal exposure to us or others.

On termination, your right to use the Services ends and we may delete Customer Data in accordance with our retention practices. Sections that by their nature should survive (including data, IP, disclaimers, liability, indemnity, and governing law) will survive termination.

11. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED 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 SECURE, OR THAT AI OUTPUT OR CALL RESULTS WILL BE ACCURATE OR RELIABLE.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13. Indemnification

You will defend, indemnify, and hold harmless RubricMind Inc. and its officers, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your Customer Data, the calls you initiate through the Services, your violation of these Terms or the Acceptable Use section, or your violation of any law or the rights of a third party.

14. Beta features

We may offer features identified as beta, preview, or experimental. These are provided without warranty, may change or be discontinued at any time, and are excluded from any service commitments.

15. Changes to the Services and Terms

We may update the Services and these Terms from time to time. When we make material changes to these Terms, we will update the “Last updated” date and, where appropriate, provide additional notice. Your continued use of the Services after changes take effect constitutes acceptance.

16. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The parties consent to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute not otherwise subject to an agreed alternative resolution process.

17. Miscellaneous

These Terms and the Privacy Policy are the entire agreement between the parties regarding the Services and supersede prior agreements. If any provision is held unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control.

18. Contact us

Questions about these Terms can be directed to: