Terms of Service

1. Acceptance of Terms

By using Rubriko, you agree to comply with and be bound by these Terms of Service (TOS) and our Privacy Policy. If you do not agree to these terms, you must immediately discontinue use of the platform. These Terms form an agreement between you and Rubriko LLC, a Delaware company.

2. Changes to Terms or Services

We may update these Terms or our Services from time to time due to changes in law, regulatory requirements, security reasons, or to adapt to new technologies. We will provide at least 30 days advance notice of changes that materially adversely impact you. All other changes will be effective upon posting to our website. Your continued use of our Services after such changes constitutes your acceptance of the new Terms.

3. User Responsibilities

You are solely responsible for all content (including documents, assignments, rubrics, etc.) that you upload or submit through Rubriko. You represent and warrant that you own or have the necessary rights to submit content and that your submissions do not infringe any third-party intellectual property rights. Rubriko is not responsible for verifying the ownership or rights of content submitted to the platform.

4. License to Use Content

By submitting content to Rubriko, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and distribute the content solely for the purposes of operating, improving, and providing the Services.

5. Indemnification and Hold Harmless

You agree to indemnify, defend, and hold harmless Rubriko, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, or expenses (including legal fees) arising out of or related to your use of the Services.

6. Termination and Cancellation

Rubriko reserves the right to terminate or suspend your access to the Services at any time, for any reason, with or without notice. You may also cancel your account at any time. Upon termination, any rights or licenses granted to you will immediately cease.

7. Service Availability

While we strive to ensure that Rubriko is available 24/7, we do not guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue the Services at any time.

8. Student Privacy & FERPA Compliance

As a Delaware LLC, Rubriko is committed to maintaining compliance with all applicable laws, including the Family Educational Rights and Privacy Act (FERPA). We take appropriate measures to safeguard student data in line with FERPA requirements. However, it is your responsibility as a user to ensure compliance with FERPA and other applicable privacy laws when using Rubriko.

9. Billing and Subscriptions

We use secure third-party payment processors to bill you through a payment account linked to your account. By providing a payment method, you authorize us to charge you for all fees associated with your use of the paid services. For subscription-based services, your subscription will automatically renew at the end of each billing cycle unless you cancel it before the renewal date. Generally, all charges are non-refundable. However, we may offer refunds in certain circumstances, such as: if there's an error in billing that results in an overcharge; if you cancel a subscription within the first 14 days of your initial purchase (first-time subscribers only); or if we terminate your account without cause before the end of a billing cycle for which you've already paid. We reserve the right to change our prices at any time. If we do so, we will provide notice of the change on our website or by email at least 30 days before the change takes effect.

10. Limitations of Liability

To the fullest extent permitted by law, Rubriko will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, or data or other losses, even if we have been advised of the possibility of such damages. Our aggregate liability under these Terms will 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).

11. Changes to the Terms

Rubriko reserves the right to modify or update these TOS at any time. We will notify users of any significant changes via email or by posting a notice on our website.

12. Dispute Resolution and Arbitration

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of Rubriko's services will be settled by binding arbitration, rather than in court. The arbitration will be conducted by JAMS under its Comprehensive Arbitration Rules and Procedures. The arbitration will take place in Delaware, USA, unless you and Rubriko agree otherwise. You agree that any arbitration will be conducted on an individual basis and not as a class, consolidated, or representative action.

Notwithstanding the above, you may bring individual claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual basis.

13. Export Control

You may not use, export, re-export, import, or transfer the Services except as authorized by United States law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. You represent and warrant that you are not located in any country or on any list where the provision of the Services to you would violate applicable export control laws.

14. Governing Law

These TOS are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Any disputes arising out of or related to these terms or your use of the Services that are not subject to arbitration will be brought exclusively in the state or federal courts located in Delaware.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

16. Trade Controls

You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to any U.S. embargoed country or territory or any individual or entity with whom dealings are prohibited or restricted under applicable trade laws.

17. Entire Agreement

These Terms constitute the entire agreement between you and Rubriko regarding the Services and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms.