Terms of Service

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you ("Client") and Rubicon Digital Agency ("Company," "we," "us"). By signing up, paying, or using our services, you accept these terms in full.

2. Services Provided

Rubicon Digital Agency provides digital marketing and technology services including but not limited to:

• Custom website design and development
• AI assistant and AI calling agent deployment
• CRM and customer management systems
• SMS and email marketing automation
• Google Business profile optimization
• Social media setup and management
• Analytics and reporting dashboards
• Mobile application development (PWA and native)

3. Payment Terms

• Monthly subscription fees are billed on the same date each month
• Setup fees are due as agreed at time of signup
• All fees are non-refundable unless otherwise stated
• Failure to pay within 10 days results in service suspension
• Failure to pay within 30 days results in service termination

4. Contract Term & Cancellation

• Minimum contract term is 3 months from service launch date
• After minimum term, services continue month-to-month
• 30 days written notice required to cancel
• Early termination fee applies (see Section 5)

5. Early Termination

If Client terminates before completing the minimum contract term:

• Early termination fee: 2 months of monthly subscription value
• All Company-owned assets (website, AI agents) will be deactivated
• Client may purchase domain name for $49 (at-cost + admin)
• Client may purchase website code for $1,497
• Remaining setup fee installments become immediately due

6. Acceptable Use

Client agrees not to use our services for:

• Any illegal activity or violation of applicable laws
• Spam, harassment, or unsolicited communications
• Intellectual property infringement
• Any activity that damages our reputation or systems

7. Limitation of Liability

Rubicon Digital Agency's total liability shall not exceed the amount paid by Client in the three months preceding any claim. We are not liable for indirect, incidental, or consequential damages including lost profits or business interruption.

8. Governing Law

These Terms are governed by the laws of the State of Wyoming. Any disputes shall be resolved in Wyoming.

Service Agreement

1. Parties

Service Provider: Rubicon Digital Agency, a California Limited Liability Company

Client: The individual or business entity that has enrolled in Rubicon Digital Agency services

2. Scope of Services

Services delivered are determined by the Client's selected package (Starter, Growth, Elite, or Enterprise) as described on our pricing page and confirmed at time of signup. Any additional services must be agreed upon in writing.

3. Intellectual Property & Ownership

3.1 AI Agents

All AI agents, chatbots, and automated calling agents deployed by Rubicon Digital Agency are and shall remain the exclusive intellectual property of Rubicon Digital Agency. Client is granted a limited, non-exclusive, non-transferable license to use these agents during the term of this agreement. Upon termination. AI agents are licensed during active subscription only and may not be transferred or purchased outright.

3.2 Websites

All websites designed and developed by Rubicon Digital Agency remain the property of Rubicon Digital Agency during the contract term. Client is granted a license to use the website for their business. Upon termination, the website will be deactivated unless Client purchases the website code ($1,497 buyout fee).

3.3 Domain Names

Domain names registered by Rubicon Digital Agency on behalf of Client are held in trust for the Client. Upon contract completion or buyout, domain ownership transfers to Client. Early termination requires a $49 domain transfer fee plus any remaining setup fee balance. Client-owned domains remain Client property at all times.

3.4 Client Content

All content provided by Client (logos, images, text, business information) remains Client's property. Client grants Rubicon Digital Agency a limited license to use this content to provide services.

3.5 CRM & Customer Data

All customer data entered into Rubicon Digital Agency's CRM by Client belongs to the Client. Upon termination, Client may request a data export within 30 days. After 90 days, data is permanently deleted.

4. Confidentiality

Both parties agree to keep confidential any proprietary information, business strategies, customer lists, or trade secrets disclosed during the course of this agreement. This obligation survives termination for 3 years.

5. Performance Standards

• Website uptime target: 99.5% (excluding scheduled maintenance)
• Support response time: 4 hours normal, 1 hour urgent
• AI agent availability: 24/7 (subject to third-party platform availability)
• Monthly performance reports delivered by the 5th of each month

6. Client Responsibilities

• Provide accurate and complete business information
• Respond to requests for content, approvals, and information within 5 business days
• Maintain timely payments per the agreed schedule
• Not share login credentials with unauthorized parties
• Notify us of any changes to business information that may affect services

7. Warranties & Disclaimers

Rubicon Digital Agency warrants that services will be performed in a professional manner. We do not warrant specific business results, revenue increases, or search engine rankings. Results depend on many factors outside our control.

8. Force Majeure

Neither party shall be liable for delays caused by circumstances beyond their reasonable control including natural disasters, government actions, internet outages, or third-party platform failures.

9. Entire Agreement

This agreement, together with the Privacy Policy, Terms of Service, and any signed order forms, constitutes the entire agreement between the parties and supersedes all prior negotiations and understandings.

Cookie Policy

1. What Are Cookies

Cookies are small text files stored on your device when you visit our website. They help us provide a better experience by remembering your preferences and analyzing how our site is used.

2. Types of Cookies We Use

Essential Cookies

Required for the website to function. These cannot be disabled. They include session management, security tokens, and login persistence.

Analytics Cookies

Help us understand how visitors use our site. We use this data to improve our services. These can be disabled without affecting core functionality.

Marketing Cookies

Used to deliver relevant advertisements and track campaign effectiveness. You may opt out of these at any time.

Functional Cookies

Remember your preferences such as language, timezone, and display settings.

3. Managing Cookies

You can control cookies through your browser settings. Disabling essential cookies may affect website functionality. Most browsers allow you to:

• View what cookies are stored
• Delete individual or all cookies
• Block cookies from specific websites
• Block all third-party cookies

4. Third-Party Cookies

Our service providers may set their own cookies. These are governed by their respective privacy policies: Google Analytics, Stripe, and other integrated services.

SMS Policy

1. Who We Are

Rubicon Digital Agency is the messaging service provider for outbound and inbound SMS sent from numbers we own or operate on behalf of our small-business clients. Messages may be branded as the originating business (e.g., "Patriot Air", "Rubicon Capital Groups") and will clearly identify the sender.

2. Types of Messages You May Receive

• Appointment confirmations and reminders for services you have scheduled
• Lead follow-up messages after speaking with one of our AI voice agents (Rubi)
• Customer service responses to inquiries you initiated
• Delivery and service notifications about work being performed for you
• Account and security notifications related to services you use

3. How You Opt In

You opt in to receive SMS messages through one of these channels:

• Web form: By submitting our consultation form at rubicondigitalagency.com/v2/consultation and checking the SMS consent box.
• Verbal consent: By giving consent during a recorded phone call with one of our AI voice agents. Calls are recorded and the recording serves as proof of consent.
• Existing business relationship: If you have purchased services or scheduled appointments with us within the past 12 months, you may receive service-related messages under the E-Sign Act business relationship provisions.

4. Message Frequency

Message frequency varies based on your interaction with us and the services you have requested. You may receive up to 10 messages per month per use case. Message and data rates may apply.

5. How To Opt Out

You can stop receiving SMS messages at any time by replying with any of these keywords to a message you have received:

• STOP
• STOPALL
• UNSUBSCRIBE
• CANCEL
• END
• QUIT
• REVOKE

After you opt out, you will receive a single confirmation message: "You have been unsubscribed from Rubicon Digital Agency messages and will not receive further texts. Reply START to resume."

You may also opt out by emailing [email protected] with your phone number.

6. How To Opt Back In

If you change your mind, you can resume messages by texting START, UNSTOP, YES, or SUBSCRIBE to a number from which you previously received messages.

7. HELP

Reply HELP or INFO to any message to receive support contact information. You may also email [email protected] for assistance.

8. Costs

Rubicon Digital Agency does not charge you to send or receive SMS messages. However, your wireless carrier may charge you for SMS, MMS, and data usage according to your mobile plan. Contact your carrier for details.

9. Carrier Disclaimer

Wireless carriers (including AT&T, Verizon, T-Mobile, US Cellular, and others) are not liable for delayed or undelivered messages.

10. Privacy of Your Phone Number

We do not share your phone number with third parties for marketing purposes. Information collected during your SMS opt-in (including the phone number itself and your consent record) is not sold, leased, or shared with third parties under any circumstances except as required to deliver the message you requested or as required by law. For full details, see our Privacy Policy.

11. Supported Carriers

Our messaging service supports all major US wireless carriers. International messaging may have additional restrictions or costs.

12. Changes to This SMS Policy

We may update this SMS Policy from time to time. Material changes will be communicated by SMS or email at least 30 days before they take effect.

13. Contact

SMS Compliance & Privacy:
Email: [email protected]
Web: rubicondigitalagency.com

IP & Ownership

What Rubicon Digital Agency Owns

• All AI agents and chatbots — including website chat assistants and AI calling agents
• Website code and design — the underlying code, design templates, and architecture
• Proprietary systems — our CRM platform, automation workflows, and deployment systems
• Brand assets — Rubicon Digital Agency name, logo, and associated trademarks

What You Own

• Your business name and brand
• Your customer data and contact lists
• Content you provided — photos, text, logos, and other materials you supplied
• Your domain name — if you brought it, or after successful transfer upon contract completion

Buyout Options at Termination

• Website code: $1,497
• Domain transfer (registered by us): $49
• Early termination fee: 2 months subscription value

Domain Registration Process

When we register a domain on your behalf, it is registered in your business name with your contact information. We manage it as part of your service. Upon successful contract completion, domain management is transferred to you at no additional cost. Early termination incurs a $49 transfer fee.

What Happens When You Leave

• AI agents are immediately deactivated
• Website is taken offline within 30 days (unless purchased)
• Customer data export available for 30 days
• Domain transferred upon payment of applicable fees
• All access credentials are revoked