We offer a platform that allows businesses and individuals to collect user generated content like for example comments or messages in one central place across a diverse array of messaging services, social media, and other third-party platforms. Further more we offer Services to optimize workflows, manage teams and analyse data. If you purchase or utilize our Services, you do so through Rubio Verde Limited, and such purchase and use are subject to this Agreement; provided, that if you've entered into a separate agreement or order form with us governing the purchase or use of our Services, such separate agreement or order form will govern in the event of a conflict with this Agreement.

You must register with Rubio Verde and create an account to use the Services (an “Account”) and as part of that process you will be requested to provide certain information, including without limitation your name, phone number and email address, which may be provided by linking certain services, including without limitation Instagram, Facebook, WhatsApp or Telegram, to your Account. By using the Services, you agree to provide true, accurate, current and complete information as prompted by the registration process and to maintain and promptly update the Account information to keep it accurate, current and complete. You are the sole authorized user of your Account. You are responsible for maintaining the confidentiality of any login and password provided by you or given to you by Rubio Verde for accessing the Services. You are solely and fully responsible for all activities that occur under your password or Account, even if not authorized by you. Users are responsible for the content users upload to their Account and use of any user's Account, and Rubio Verde expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or Account or you suspect any other breach of security, you agree to contact Rubio Verde immediately.

The person signing up for the Services will be the contracting party (“Account Representative”) for the purposes of these Terms of Service and will be the person who is authorized to use any corresponding Account we provide to the Account Representative in connection with the Services; provided, however, that if you are signing up for the Services on behalf of your employer, your employer shall be the Account Representative. As the Account Representative, you are solely responsible for complying with these Terms of Service and only you are entitled to all benefits accruing thereto. Your Account is not transferable to any other person or account. If you are an Agency (as defined below) using our Services to provide services to a Business Owner (as defined below), please read Section 3 below.

By providing your phone number and ingo.lange@coaching-central.com and by using the Services, you hereby affirmatively consent to Rubio Verde's use of your phone number for calls and recurring texts (including with an autodialer and/or prerecorded voice) and your email address in order to (i) perform and improve upon the Services, (ii) facilitate the carrying out of our Services, and (iii) provide you with information and reminders regarding your registration, changes and updates, service outages, or alterations. These calls and messages may include, among other things, push notifications and other reminders delivered through our App. Rubio Verde will not assess any charges for calls or texts, but standard message, data or other charges from your wireless carrier may apply. You may opt-out of receiving calls or messages from us by modifying your Account settings on the Site or the App, by stating that you no longer wish to receive calls or messages from us during any call with us. You understand that we may send you a message confirming any opt-out by you.

A "Business Owner" refers to any person or entity employing Rubio Verde Limited's Services to promote, support, develop, or otherwise commercialize their business, products, or services. An "Agency" is any service provider appointed or hired by a Business Owner to set up and/or manage a Rubio Verde account and utilize the Services on behalf of the Business Owner. An Agency is not essential for a Business Owner to access the Services.

Regardless of what is stated in Section 2, if you are an Agency utilizing our Services to provide services to a Business Owner, you (i) commit to accurately naming such Business Owner as an administrator on the Account and, where necessary, on the relevant Facebook page, Instagram page, WhatsApp page, Telegram page, and on any other applicable platform, and (ii) assure you have the authority to employ the Services and the Account on behalf of the Business Owner.

The Business Owner shall serve as the sole and exclusive account representative of any Account established on its behalf by an Agency; however, the Agency shall retain its rights and interests in all designs, templates, flows, sequences, or other intellectual property related to the chatbot automation work product developed by such Agency for the Business Owner (referred to as the "Agency Content").

In the event of a termination in the relationship between a Business Owner and its Agency, the Business Owner will inform Rubio Verde promptly of such termination.

Upon the transfer of an Account from an Agency to the Business Owner, the Business Owner shall assume full responsibility for the payment of any subscription plans and/or fees related to the Account.

"User Generated Content" refers to any materials, information, and content that could be textual, audio, or visual that you or any Conversation Participant provide, submit, upload, publish, or ingo.lange@coaching-central.com make available through the Services and to our users. You bear sole responsibility for your and your Conversation Participants' User Generated Content, and we merely act as a passive channel for your online distribution and publication of this content. You acknowledge and agree that Rubio Verde:

• Is not involved in the creation or development of User Generated Content.
• Disclaims any responsibility for User Generated Content.
• Is not liable for any claims arising from or related to User Generated Content.
• Is not obligated to monitor, review, or remove User Generated Content, but maintains the right to limit or remove such content on the Services at its sole discretion.

You hereby assert and guarantee to Rubio Verde that your User Generated Content (i) will not be false, inaccurate, incomplete, or misleading; (ii) will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or privacy rights; (iii) will not breach any law, statute, ordinance, or regulation (including without limitation those related to export control, consumer protection, unfair competition, anti-discrimination, false advertising, antispam, or privacy); (iv) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (v) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (vi) will not include any viruses, Trojan Horses, worms, time bombs, cancelbots or other programming routines intended to damage, disrupt, secretly intercept or expropriate any system, data or personal information; (vii) will not suggest you are employed or directly engaged by or affiliated with Rubio Verde or imply you are authorized to act as a representative or agent of Rubio Verde; and (viii) will not create liability for Rubio Verde or cause Rubio Verde to lose (in whole or in part) the services of its ISPs or other suppliers.

By making any User Generated Content available through the Services, you hereby grant Rubio Verde permission to use, process, or disclose such User Generated Content on, through, or by means of the Services, to provide the Services to you, to modify, improve and operate the Services, and/or as otherwise permitted by this Agreement. We do not claim any ownership rights in any such User Generated Content and nothing in this Agreement will be interpreted as restricting any rights you might have to use and exploit any such User Generated Content.

If you wish to communicate with users through text or email, you must agree to comply with all relevant laws, like the TCPA, PIPEDA, and CASL. These laws prohibit contacting customers without prior written consent. Rubio Verde Limited is not liable for ensuring your compliance or any legal breaches you might incur. You confirm understanding of these laws and agree to seek legal counsel if necessary. You are solely responsible for the content of your messages and their compliance with laws. Rubio Verde acts solely as a service provider, not overseeing message compliance. You agree to indemnify and hold Rubio Verde harmless from any claims or costs Is not involved in the creation or development of User Generated Content. • Disclaims any responsibility for User Generated Content. • Is not liable for any claims arising from or related to User Generated Content. • Is not obligated to monitor, review, or remove User Generated Content, but maintains the right to limit or remove such content on the Services at its sole discretion. • stemming from law violations. Rubio Verde will assist you only with pertinent information, when necessary, for legal proceedings.

If you wish to communicate with users through text or email, you must agree to comply with all relevant laws, like the TCPA, PIPEDA, and CASL. These laws prohibit contacting customers without prior written consent. Rubio Verde Limited is not liable for ensuring your compliance or any legal breaches you might incur. You confirm understanding of these laws and agree to seek legal counsel if necessary. You are solely responsible for the content of your messages and their compliance with laws. Rubio Verde acts solely as a service provider, not overseeing message compliance. You agree to indemnify and hold Rubio Verde harmless from any claims or costs Is not involved in the creation or development of User Generated Content. • Disclaims any responsibility for User Generated Content. • Is not liable for any claims arising from or related to User Generated Content. • Is not obligated to monitor, review, or remove User Generated Content, but maintains the right to limit or remove such content on the Services at its sole discretion. • stemming from law violations. Rubio Verde will assist you only with pertinent information, when necessary, for legal proceedings.

Alongside other prohibitions outlined in the Terms of Service, you're barred from utilizing the Services for:

• Any illegal purpose;
• Engaging in or encouraging any unlawful activities or urging others to do so;
• Breaching any international, federal, provincial, state regulations, rules, laws, or local ordinances;
• Using the Services in a manner that infringes or violates rights, like intellectual property rights, of us or others;
• Harassing, abusing, insulting, harming, defaming, slandering, stalking, threatening, disparaging, intimidating, or discriminating in any way, based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or otherwise infringing the legal rights (such as privacy or publicity) of any other users of the Services or staff of Rubio Verde Limited;
• Providing false or misleading information;
• Uploading or transmitting viruses or harmful code impacting the Services or connected websites, other sites, or the Internet;
• Any obscene or immoral objectives;
• Tampering with or bypassing security features of the Services or any related website, or the Internet;
• Impeding or undertaking actions that compromise the performance, security, or functioning of the Services;
• Attempts to compromise system integrity or security or decipher transmissions to or from the servers providing the Services;
• Unauthorized access attempts to the Accounts or collection of others' personal information;
• Misusing trial offers related to the Services;
• Misusing rebate offers linked to the Services;
• Violating policies of Facebook, Instagram, WhatsApp, Telegram, or any platform associated with Rubio Verde;
• Copying, distributing, or disclosing portions of the Services in any medium, aside from what's permitted as per Services' Terms of Service;
• Using automated systems (outside of Services' functionalities) like "robots," "spiders," "offline readers," to access the Services;
• Sending spam, chain letters, or unsolicited mail or attempts at phishing, pharming, pretexting, spidering, crawling, or scraping;
• Impersonating someone else or misrepresenting your relationship with a person or entity, conducting fraud, hiding, or trying to mask your identity;
• Trying to decipher, decompile, disassemble, or reverse engineer any software or algorithms used in Services;
• Encouraging or aiding another party in any of these activities

We reserve the right to terminate your use of the Services or any linked website for breaching any prohibited uses.

You also agree not to misuse our Services, for instance, by interfering or accessing in ways not provided by us. While engaging with the Services, you must not:

• Access, tamper, or otherwise utilize non-public areas of the Services or Rubio Verde's computer systems;
• Probe, scan, test any system or network vulnerability, or circumvent security or authentication measures;
• Access or attempt searching the Services by any method besides our published interfaces authorized by Rubio Verde and approved third-party integrations, unless specifically permitted in a separate agreement with Rubio Verde (NOTE: crawling the Services is allowed if it follows the robots.txt file's guidelines and only applies to publicly-accessible parts; scraping without Rubio Verde's permission is prohibited);
• Forge any TCP/IP packet header in any email or post, or use the Services to send altered or false source-identifying information;
• Disrupt (or attempt to), any user, host, or network, including sending viruses, overloading, spamming, or creating content in such manners that interfere or burden the Services.

We hold the right to restrict platform access for users whose actions degrade the experience of other users, Rubio Verde employees, affiliates, or partners, or those working with platforms like Facebook, Instagram, WhatsApp, and Telegram.

We also have the authority to review, delete, or reveal information if required legally to:

• Comply with laws, subpoenas, or legal processes,
• Enforce the Terms, including investigating potential violations,
• Detect, prevent, or manage fraud, security, or technical issues,
• Respond to user support requests, or
• Protect rights, property, or safety of Rubio Verde, its users, and the public.

Rubio Verde only shares personally-identifying information with third parties following our Privacy Policy.

You affirm and guarantee that: (i) you are at least 18 years old, or of legal age in your location, capable of entering binding contracts, and (ii) you have the power and capacity to enter this Agreement and comply with its terms. If signing on behalf of a company, you affirm you have the authority to bind the company to this Agreement. Additionally, you confirm you have (i) read, understood, and agreed to be bound by these Terms of Service and the Privacy Policy to use the Services, (ii) promised to interact professionally and responsibly with other users, and (iii) will comply with local, state, or federal law and act in good faith when accessing the Services. You are tasked with determining if the Services are appropriate under regulations like EU Data Privacy Laws or others. If bound by regulations such as HIPAA and the Services do not comply, we are not liable. The Services must not be used for illegal or discriminatory practices, such as those banned by the FTC Act or other relevant laws. You are also responsible for informing end-users about data collection as required by law. You guarantee compliance with obtaining end-user consent for text messaging as per relevant laws like the Telephone Consumer Protection Act. Also, you promise not to use the service to contact consumers who have asked to cease contact.

If you are located in the EEA or serve end-users there, you guarantee that with the Services, you:

• Will secure consent or use any other valid mechanism to (i) transfer data to Rubio Verde Limited and (ii) have such data processed;
• Will follow your publicly posted privacy policy;
• Have collected, stored, used, and transferred data in line with data protection laws, giving Rubio Verde permission to process the data;
• Recognize that Rubio Verde acts as a data processor, with you as the data controller under relevant data protection laws;
• Agree not to handle sensitive customer information with the Services, for which Rubio Verde assumes no liability;
• Agree to indemnify Rubio Verde and its officers against claims, demands, and losses, including legal fees, from your breach of these representations.

You assure that, aside from fully and promptly disclosing to Rubio Verde as below, you have no motivation or interest, which might be pertinent to Rubio Verde, particularly if using the Services for journalistic, investigative, or unlawful purposes. You promise to reveal any such interests in writing to Rubio Verde promptly.

Unless we have a separate agreement for direct invoicing, payment and expenses must go through the third-party payment system ("PSP") specified on the Services. You may need to register, agree to the PSP terms, provide payment details, and pass their vetting process to create a "PSP Services Agreement." By agreeing to these Terms, you confirm you have reviewed and accepted the PSP Services Agreement. Note that Rubio Verde Limited is not involved in the PSP Services Agreement, and holds no responsibility or liability for it.

Prices and fees listed are exclusive of taxes, calculated based on your billing address during transactions. Prices are in Euro, and payment is required in EUR currency.

Subscription plan charges and additional service fees are posted on our Site and may change over time. Payments for monthly plans are due monthly on the same date of initial payment, while yearly payments follow a similar pattern. Fees may vary by country, and customers may have different billing features depending on when they created their account with Rubio Verde Limited.

If you subscribe or opt for auto-refill, you authorize us to charge your credit card for automatic payments. Provide valid card information and replace expired card details. Card users warrant they are authorized, and charges won't be rejected. We'll attempt to contact you via ingo.lange@coaching-central.com if payment processing issues arise, and accounts may be suspended until resolved.

Refunds may be issued if we cease services without a stated reason, or upon customer request if requirements on the Site are met. We may change fees by posting new pricing or notifying via email.

Occasional paid service trials may be available without payment or at a reduced rate. Trial eligibility varies, and limitations may exist regarding trial combinations. Trials provide service access for an initial period beginning when payment details are submitted, confirming your acceptance. Trials must be accepted by their expiration date, and we reserve the right to modify or terminate them anytime, without further trial enrollments.

Unless canceled during the trial period, trial users become recurring subscribers, and charges apply. Canceling ends service access. Cancellations require account login and prompts following. Services may include options to sell User Products through your Bot. You're solely responsible for communications, User Products, payments, promotions, and regulatory compliance. We only provide a management platform without involvement or liability for your products or transactions.

User and payment card verification is your responsibility. Rubio Verde assumes no liability for transaction attempts or chargebacks. Card support types can change anytime without notice. You're fully responsible for security and legal compliance regarding data on your website, including collecting and handling personal and financial information.

Either party can terminate these Terms for any reason, and you can delete your Account at any time through Service features. The termination removes account access and information. Provisions meant to apply post-termination will remain indefinitely.

We can refuse services to anyone, and Rubio Verde Limited may limit your service rights if a breach is suspected, without notice. You can't create a new account with false information if services are limited or terminated.

Even after service rights end, this Agreement remains enforceable. Rubio Verde can take legal action, including arbitration as per Section 19, at its discretion.

Rubio Verde Limited may modify or discontinue services at any time, without liability. Data, including User Generated Content, may be deleted after termination. With 18 months of inactivity, we'll attempt to notify you at ingo.lange@coaching-central.com, but won't be liable for any failure. If you don't respond within 30 days, we may close your account and delete data.

Prepaid amounts in your Rubio Verde wallet must be used within a year. We'll notify of unused balances through the account-associated email. You may receive a credit or refund, but without a response within 30 days, the balance is forfeited and treated as service payment.

The Services might include links to third-party websites. These links do not imply endorsement or association by Rubio Verde Limited with those websites, their content, or operators. They are provided for informational purposes only. Rubio Verde has no control over these sites and is not responsible for their accuracy or content, advertising, products, or services. You must assess the usefulness of information from these sites. By using such links, you acknowledge that Rubio Verde is not responsible for any third-party websites and is not liable for claims related to them. You agree to hold Rubio Verde harmless for damages resulting from using any links on the Services.

When you access any site controlled by third parties, your usage is governed by the terms and privacy policies of those sites. Third-party websites are accessed at your own risk. Rubio Verde disclaims any liability for your use of linked websites.

You may link your Account with online accounts from third-party services like Facebook, Instagram, WhatsApp, and Telegram (each a “Third-Party Account”), by providing login information or allowing Rubio Verde access as allowed under relevant terms. You affirm you can disclose such login information and allow Rubio Verde access without breaching terms or incurring costs. By linking Accounts, you allow Rubio Verde to access and store your content provided on Third-Party Accounts with your Account. Personal data posted to these accounts may be accessible through your Account on the Services, depending on your privacy settings. If a Third-Party Account becomes unavailable or access is terminated, content may no longer be accessible. You can disable connections between your Account and Third-Party Accounts anytime. Your agreement with Third-Party account providers solely governs your relationship with them. Rubio Verde does not review or is responsible for any Third-Party Account content.

We may offer access to third-party tools without monitoring or control from us. You use these Third-Party Tools on an “as-is” basis, with no warranties or endorsements from us. Your use of Third-Party Tools is entirely at your discretion, ensuring you agree with the provider's terms.

All content—like text, graphics, designs, software, and trademarks—that is visible through the Services is owned by Rubio Verde Limited, except for User Generated Content, which users allow Rubio Verde to use non-exclusively. This material is protected across all forms, media, and technologies, and Rubio Verde holds the rights over its selection and arrangement as a Collective Work under U.S. copyright law. You cannot copy or use any material from the Services without Rubio Verde's prior written permission. Likewise, the trademarks and logos of Rubio Verde cannot be used without consent. By contributing feedback, you agree that Rubio Verde may use your suggestions freely without extra compensation. Any emails or correspondence you send to us also becomes our property. You are given a limited, nontransferable access license to the Services, which can be terminated by us at any time. The proprietary material associated with the Services is owned by Rubio Verde or its licensors, and you may not use it beyond what is expressly allowed by these terms.

Rubio Verde respects others' intellectual property rights and anticipates users will do the same. If you think that any material on or through the Services infringes your copyright, send the following to Rubio Verde's Copyright Agent at the specified address or ingo.lange@coaching-central.com:

• A description of the copyrighted material and where it is located on the Services.
• The location of the original or an authorized copy of the work.
• Your contact information.
• A statement of good faith belief regarding the unauthorized use.
• A statement under penalty of perjury asserting your rights to act on behalf of the copyright owner.
• Your electronic or physical signature.

You recognize that Confidential Information is a valuable part of Rubio Verde's assets and agree not to disclose or use it except as allowed by these Terms of Service. You may share it with authorized staff or agents if they are also bound by confidentiality obligations. Notify Rubio Verde in writing of any unauthorized disclosure. Use all means necessary to protect this information, and return it to Rubio Verde upon termination of the Agreement.

"Confidential Information" includes any trade secrets or proprietary information of Rubio Verde not commonly known, covering areas such as research, product plans, customer information, finances, and more, including information about Rubio Verde's employees and partners.

The services are offered "as is" without any warranties or conditions, whether express or implied, including, but not limited to, merchantability, fitness for a particular purpose, and noninfringement. Rubio Verde limited provides no guarantees regarding the reliability, timeliness, security, accuracy, or completeness of the services, or content delivered via the services, or the content of linked sites, and holds no responsibility in contract, warranty, or tort for any bugs, errors, mistakes, or inaccuracies; personal injury or property damage from using the services; unauthorized access to secure servers and personal information; and events beyond our control.

Under no circumstances will Rubio Verde or its affiliates, partners, directors, officers, employees, contractors, agents, suppliers, or licensors be liable for any direct, indirect, incidental, consequential, economic, special, or exemplary damages (including but not limited to lost profits, data loss, goodwill loss, service interruption, computer damage, system failure, or substitute product/service costs) related to your inability to use the services, even if warned of the possibility. some jurisdictions do not allow exclusion or limitation of incidental or consequential damages, so the above limitations might not fully apply to you.

If determined that Rubio Verde and its affiliates are liable for damages, in no situation will the total liability exceed the lower of (i) the total fees paid by you to Rubio Verde during the six months before the claim arose or (ii) one hundred dollars ($100), as permitted by applicable law.

You agree to indemnify, defend, and hold harmless Rubio Verde Limited and its officers, directors, employees, agents, attorneys, insurers, successors, and assigns (collectively, the “Indemnified Parties”) from any and all liabilities arising from (i) your use or inability to use the Services, (ii) your breach of this Agreement; (iii) your violation of any law or rights of any user or third party; and (iv) any content submitted by you or using your Account to the Services, including to the extent such content may infringe on third-party intellectual rights or be illegal. You agree to indemnify the Indemnified Parties for liabilities resulting from your use of software robots, spiders, crawlers, or other data gathering tools, or any action that imposes an unreasonable load on our infrastructure. Rubio Verde reserves the right to assume the exclusive defense and control at its expense of any matter otherwise subject to your indemnification. You will not settle any claim or matter without Rubio Verde's prior written consent

You agree that if a dispute or claim arises from your use of the Services, you will contact us by submitting the dispute or claim via email to ingo.lange@coaching-central.com, and you and Rubio Verde will attempt to resolve it directly. If unresolved for 30 days after notification, it will be deemed a “Dispute.” Except for seeking injunctive or equitable relief as described in “Binding Arbitration,” if you file any arbitration claims or legal actions without first mediating, you agree not to recover attorneys' fees, even if eligible otherwise.

Except specified otherwise in writing, this Agreement and your use of the Services are governed by Cyprus laws, without regard to choice of law principles. This aims to specify Cyprus law for interpreting this Agreement.

This Agreement creates no agency, partnership, joint venture, employer-employee, or franchiserfranchisee relationship.

Rubio Verde reserves the right, at its discretion, to change, modify, add, supplement, suspend, discontinue, or delete this Agreement (including Terms and Privacy Policy) and to review, improve, or discontinue Services or content anytime, with or without notice. We will try to notify you of major changes via ingo.lange@coaching-central.com, but are not liable for failing. If changes are unacceptable or cause non-compliance, you must stop using Services immediately. Continued use post-change indicates irrevocable acceptance. We may limit features or restrict access to parts or all Services without notice.

You consent to receive agreements, notices, disclosures, and communications electronically, including emails or posted Notices on the Site. You agree electronic Notices satisfy legal requirements for written communications. Unless specified, all notices under this Agreement will be in writing, deemed given when received if personally delivered; electronically confirmed if by facsimile or email; or next day if sent by recognized service.

For questions about these Terms of Service or the Services, submit questions via email to ingo.lange@coaching-central.com