Please read the agreement carefully as it contains important information about your legal rights and remedies.
Last Review: May 24th, 2023 4:29:28 p.m.
By this particular instrument, Rubfy, a Legal Entity governed by Private Law, duly registered with CNPJ nº. 40.571.062/0001-78, headquartered at Avenida Paulista, 1636 - room 1504, Bela Vista, São Paulo - SP - 01310-200, (hereinafter referred to as "Rubfy") and the CLIENT (hereinafter referred to as "USER"), in the terms of the Personal Data provided for the use of the Services, adjust and enter into this contract within the conditions and clauses stipulated below. Rubfy owns all intellectual property and use rights to the Services and the Brand. Rubfy permits the User to use the Services only in accordance with the terms of this Agreement.
This Universal Terms of Service Agreement (this "Agreement") is entered into between Rubfy, a private limited company in Brazil, registered at Avenida Paulista, 1636 - sala 1504, Bela Vista, São Paulo - SP - 01310-200 (“Rubfy”) and you, and is effective on the date of your use of this website ("Site") or the date of electronic acceptance. This Agreement sets out the general terms and conditions of use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), in addition to (not replacing) any action specific. terms and conditions that apply to specific Services. Whether you are simply browsing or using this Site or purchasing Services, your use of this Site and your electronic acceptance of this Agreement means that you have read, understood, acknowledge and agree to be bound by this Agreement, along with the following policies, including the Privacy Policy and with the applicable product agreements, which are incorporated herein by reference:
The terms "we" or "our" refer to Rubfy. The terms "you", "your", "User" or "customer" refer to any individual or entity who accepts this Agreement, has access to your account or use the Services. Nothing in this Agreement shall be deemed to confer any third party rights or benefits. Rubfy may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements incorporated herein, at any time, and such changes or modifications will be effective immediately upon posting on this Site. Your use of this Site or the Services after such changes or modifications will constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, please do not use (or continue to use) this Site or the Services. In addition, Rubfy may occasionally notify you of changes or modifications to this Agreement by email. Therefore, it is very important that you keep your buyer account information ("Account") up to date. Rubfy assumes no responsibility or liability for your failure to receive email notification if such failure results from an inaccurate email address.
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) recognized as capable of forming legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of Brazil or other applicable jurisdiction. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement. In this case, the terms "you", "your", "User" or "customer" refers to that business entity. If, upon your electronic acceptance of this Agreement, Rubfy considers that you do not have the legal authority to bind such corporate entity, then you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, payment obligations. Rubfy shall not be liable for any loss or damage resulting from Rubfy's reliance on any instruction, notice, document or communication which Rubfy reasonably believes to be genuine and originating from an authorized representative of its corporate entity. If there is reasonable doubt about the authenticity of any instruction, notice, document or communication, Rubfy reserves the right (but assumes no duty) to require additional authentication from you. You also agree to be bound by the terms of this Agreement for transactions made by you, anyone acting as your agent, and anyone using your account or the Services, whether or not authorized by you.
Accounts To access some of the features of this Site or use some of the Services, you will be required to create an Account. You represent and warrant to Rubfy that all information you submit in creating your account is accurate, current and complete, and that you will keep your account information accurate, current and complete. If Rubfy has reason to believe that your account information is untrue, inaccurate, out of date or incomplete, Rubfy reserves the right, in its sole and absolute discretion, to suspend or terminate your account. You are solely responsible for the activity that occurs under your Account, whether authorized by you or not, and you must keep your account information secure, including, without limitation, your customer/login number, password, method(s) of payment (as defined below). For security reasons, Rubfy recommends that you change your password at least once every six (6) months for each Account. You must immediately notify Rubfy of any breach of security or unauthorized use of your account. Rubfy will not be liable for any loss you incur due to any unauthorized use of your account. You, however, may be liable for any loss suffered by Rubfy or others caused by your Account, whether caused by you, an authorized person or an unauthorized person. Data transfer abroad. If you are visiting this website from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your account information) across international borders. By visiting this site and communicating electronically with us, you consent to such transfers.
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services twenty-four (24) hours a day, seven (7) days a week. base. You acknowledge and agree that, from time to time, this Site may become inaccessible or inoperable for any reason, including, but not limited to, equipment failure; periodic maintenance, repairs or replacements that we perform from time to time; or causes beyond our reasonable control or which are not reasonably foreseeable, including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on an ongoing or uninterrupted basis, and we assume no liability to you or any other party in connection therewith. From time to time, Rubfy may offer new services (limited preview services or new features to existing services) in a pre-release version. New Services, new features to existing Services, or limited preview services shall be known, individually and collectively, as “Trial Services”. If you choose to use the Trial Services, your use of the Trial Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Trial Services are pre-release versions and may not function properly; (ii) You acknowledge and agree that your use of the Assessment Services may expose you to unusual risks of operational failures; (iii) The Trial Services are provided as-is, therefore we do not recommend using them in production or mission-critical environments; (iv) Rubfy reserves the right to modify, change or discontinue any aspect of the Trial Services at any time; (v) Commercially released versions of the Evaluation Services may change substantially, and programs that use or run with the Evaluation Services may not work with commercially released or subsequent versions; (vi) Rubfy may limit the availability of customer service support time dedicated to supporting the Trial Services; (vii) You acknowledge and agree to provide prompt feedback about your experience with the Trial Services in a form requested by us, including information necessary to allow us to duplicate errors or issues you experience. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. Upon our request, you will provide us with feedback that we may use publicly for press materials and marketing materials. Any intellectual property inherent in your feedback or arising out of your use of the Rating Services will be the sole property of Rubfy; (viii) You acknowledge and agree that all information relating to your use of the Assessment Services, including your experience and opinions regarding the Assessment Services, is confidential and may not be disclosed to any third party or used for any purpose other than providing feedback. . for Rubfy; (ix) The Trial Services are provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permitted by law, Rubfy disclaims any and all warranties, statutory, express or implied, with respect to the Assessment Services, including, but not limited to, any implied warranties of title, merchantability, fitness for a purpose specific and non-violation. You acknowledge and agree that you have the necessary rights and permissions to share all information necessary to provide the Services with Rubfy. You acknowledge and agree that the Services may be provided by independent contractors or third-party service providers. All paid support services are non-refundable.
You acknowledge and agree that:
Rubfy reserves the right to right to modify, amend, or discontinue any aspect of this Site or the Services, including, without limitation, prices and fees therefor, at any time.
In addition to the general rules above, the provisions of this Section apply specifically to your use of Rubfy Content and User Content posted on Rubfy's corporate websites (i.e., those websites that Rubfy directly controls or maintains) . The applicable provisions are not intended and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) that you may have in content posted on your hosted sites. Ruby content. Except for User Content, the content on this Site and the Services, including without limitation text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained in it (“Rubfy Content”), are owned by or licensed to Rubfy in perpetuity, and are subject to copyright, trademark and/or patent protection in Brazil and foreign countries, and other intellectual property rights under Brazil and foreign laws. The Rubfy Content is provided "as is", "as available" and "with all faults" for your information and personal, non-commercial use and may not be downloaded, copied, reproduced, distributed, transmitted, transmitted, displayed, sold , licensed or otherwise exploited for any purpose without Rubfy's prior written consent. No right or license under any copyright, trademark, patent or other proprietary right or license is granted by this Agreement. Rubfy reserves all rights not expressly granted in and to the Rubfy Content, this Site and the Services, and this Agreement does not transfer ownership of any such rights. User Content. Some of the features on this Site or the Services may allow Users to view, post, share, store or manage (a) ideas, opinions, recommendations or advice (“User Submissions”), or (b) literary, artistic, musical content or otherwise, including but not limited to photos and videos (together with User Submissions, “User Content”). User Content includes all content submitted through your account. By posting User Content on this Site or the Services, you represent and warrant to Rubfy that (i) you have all necessary rights to distribute the User Content through this Site or the Services, whether because you author the User. Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents and/or permissions to use, in writing, the copyright or other owner of the User Content and (ii) the User . The content does not violate the rights of third parties. Security. You agree not to circumvent, disable or otherwise interfere with security-related features of this Site or the Services found on this Site (including, without limitation, features that prevent or restrict the use or copying of any Content or Rubfy Content ) or impose limitations on the use of this Site or the Services found on this Site, the Rubfy Content or the User Content contained therein.
The provisions of this Section apply specifically to Rubfy's use of User Content posted on Rubfy's corporate websites (ie, those websites that Rubfy directly controls or maintains). The applicable provisions are not intended and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) that you may have in content posted on your hosted sites.
Generally. You will be solely responsible for any and all User Content or User Content that is submitted through your account, and the consequences and requirements for distributing it.
With respect to User Submissions. You acknowledge and agree that:
7.1 - User Submissions are completely voluntary.
7.2 - User Submissions do not establish a confidential relationship nor oblige Rubfy to handle User Submissions User as confidential or secret.
7.3 - Rubfy is under no obligation, express or implied, to develop or use your User Submissions, and no compensation is payable to you or anyone else for any intentional or unintentional use of your User Submissions.
7.4 - Rubfy may be working on the same or similar content, may already know of such content from other sources, may simply wish to develop this (or similar) content on its own, or may have taken/will take some Other Action.
Rubfy will have exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted on this Site, and will have the right to unrestricted use and dissemination of any User Submissions posted on this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or anyone else.
With respect to User Content (other than User Submissions):
If you have a website or other content hosted by Rubfy, you must retain all of your ownership or licensed rights in the User Content .
By posting User Content on this Site or through the Services, you authorize Rubfy to use the intellectual property and other proprietary rights in and to your User Content to enable the inclusion and use of the Content of the User in the manner contemplated by this Site and this Agreement. You grant Rubfy a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers) and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display and perform your User Content in connection with this Site, the Services and the businesses of Rubfy (and Rubfy's affiliates), including, without limitation, promoting and redistributing all or part of this Site in any media format and through any media channels without restriction of any kind and without payment or other consideration of any kind, or permission or notice, to you or any third party. You also grant each User of this Site a non-exclusive license to access your User Content (other than User Content you designate as "private" or "password protected") through this Site, and to use, reproduce, distribute , prepare derivative works, combine with other works, display and perform your User Content as permitted by the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable period after you remove or delete your User Content from this Site. You understand and agree, however, that Rubfy may retain (but not distribute, display or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, Rubfy will not use any User Content that has been designated as "private" or "password protected" by you for the purpose of promoting this site(s) or Rubfy's business. Rubfy (or the Rubfy affiliate).
Rubfy generally does not pre-screen User Content (whether posted on a site hosted by Rubfy or posted on this Site). However, Rubfy reserves the right (but does not oblige) to do so and decides whether any item of User Content is appropriate and/or in compliance with this Agreement. Rubfy may remove any item of User Content (whether posted on a site hosted by Rubfy or posted on this Site) and/or terminate User's access to this Site or the Services found on this Site for posting or posting any material in violation of this Agreement or for breaching this Agreement (as determined by Rubfy in its sole and absolute discretion), at any time and without notice. Rubfy may also terminate a User's access to this Site or the Services found on this Site if Rubfy has reason to believe that the User is a repeat offender. If Rubfy terminates your access to this Site or the Services found on this Site, Rubfy may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
Rubfy expressly reserves the right to deny, cancel, terminate, suspend, block or modify access to (or control) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Rubfy). In its sole and absolute discretion, including but not limited to the following: (i) correct errors made by Rubfy in offering or delivering any Services (including any domain name registrations), (ii) to protect integrity and stability, and correct errors made by any domain name registrar, (iii) to assist in our efforts to detect and prevent fraud and abuse, (iv) comply with court orders against you and/or your domain name or website and local, state, and applicable locations. national and international laws, rules and regulations, (v) to respond to law enforcement requests, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action how to consider whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) avoid any civil or criminal liability on the part of Rubfy, its directors, officers, employees and agents, as well as Rubfy Affiliates, including, but not limited to, instances where you have sued or threatened to sue Rubfy.
Rubfy expressly reserves the right to terminate, without notice, any and all Services where, in Rubfy's sole discretion, Rubfy, you are harassing or threatening Rubfy and/or any of Rubfy's employees; After 5 days of suspended service, Rubfy will proceed with the deletion of Cloud Infrastructure.
We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spam. Customers who are suspected of using our products and services for the purpose of sending spam are fully investigated. If we determine that there is a problem with spam, we will take appropriate action to resolve the situation.
We define spam as sending Unsolicited Commercial E-mail (UCE), Unsolicited E-mail (UBE) or Fax Unsolicited (Fax), which is an email or facsimile sent to recipients as an advertisement or not, without first obtaining confirmed prior consent to receive the content. This may include, but is not limited to:
We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only comply with all applicable laws and regulations, but you must also comply with this no-spam policy. Commercial advertising and/or mass emails or faxes may only be sent to recipients who have opted in to receive messages. They must include a legitimate return address and reply address, the sender's physical address, and an opt-out method at the bottom of the email or fax. Upon request from us, conclusive proof of acceptance may be required for an email address or fax number.
If we determine that the services in question are being used in association with spam, we will redirect, suspend or cancel any applicable website hosting, domain registration, mailboxes or other services until the customer responds. The registrant or customer will be asked to respond via email that they will stop spamming and/or spamming on their behalf. In the event that we determine that the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question.
We encourage all customers and email recipients generated from our products and services to report suspected spam. Suspected abuse can be reported to [email protected].
Liquidated Damage. You agree that we may immediately terminate any account that we believe, in our sole and absolute discretion, is transmitting or is connected with any spam or other unsolicited bulk email.
Rubfy supports the protection of intellectual property. If you want to submit (i) a trademark claim for infringement of a mark in which you own a valid trademark or service mark, or (ii) a copyright claim for material in which you own the copyright in good -faith, please refer to the Rubfy Copyright and/or Trademark Infringement Policy referenced above and available here.
This Site and the Services found on this Site may contain links to third party websites that are not owned or controlled by Rubfy. Rubfy assumes no responsibility for the content, terms and conditions, privacy policies or practices of any third-party website. Furthermore, Rubfy does not censor or edit the content of any third-party websites. By using this Site or the Services found on this Site, you expressly release Rubfy from any and all liability arising out of your use of any third party site. Accordingly, Rubfy encourages you to be aware when you leave this Site or the Services found on this Site and to review the terms and conditions, privacy policies and other governing documents of each other site you may visit.
YOU SPECIFICALLY AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND ON THIS SITE WILL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND ON THIS SITE ARE PROVIDED “AS IS”, “ AS AVAILABLE” AND “WITH ALL FAULTS, OUTCOMES”. Rubfy, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES ALL CARRIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Rubfy, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DO NOT WARRANT ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY LINKED SITE ( BY HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND ON THIS SITE OR ANY SITES LINKED (through hyperlinks, banner advertising or otherwise) to this site, AND Rubfy ASSUMES NO RESPONSIBILITY FOR THE SAME .
FURTHER, YOU SPECIFICALLY AGREE THAT NO ORAL OR WRITTEN INFORMATION PROVIDED BY Rubfy, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING, BUT NOT LIMITED TO, ITS call center or other customer service agents to the customer), and THIRD PARTY SERVICE PROVIDERS will (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND ON THIS SITE, AND USERS SHOULD NOT RELY ON SUCH INFORMATION OR ADVICE .
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found on this Site.
IN NO EVENT WILL Rubfy, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ALL THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, ADVERTISING BANNERS OR OTHERWISE) TO THIS SITE , (III) SERVICES FOUND ON THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE, (V) CONDUCT OF THIRD PARTIES OF ANY NATURE, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA PROVIDED THEREIN, (VII) ANY INTERRUPTION OR TERMINATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, ADVERTISING BANNERS OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE SIMILAR, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY LINKED SITE , BANNER ADVERTISING OR OTHER) WEBSITE, (IX) ANY CONTENT OR USER CONTENT THAT IS DEFAMATORY, harassing, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, EXPLICIT, OBSCENE OR OTHERWISE OBJECTABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND ON THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL OR EQUITY AND IF Rubfy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES .
FURTHERMORE, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND ON THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, IN ANOTHER WAY. be permanently blocked.
FURTHERMORE, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, in no event shall Rubfy's total aggregate liability exceed $10,000.00 US Dollars.
THE FOREGOING LIMITATION OF LIABILITY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND ON THIS SITE.
You agree to protect, defend, indemnify and hold harmless Rubfy and its officers, directors, employees, agents and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of whatever nature and nature (including, without limitation, reasonable attorneys' fees) imposed or incurred by Rubfy, directly or indirectly, arising out of (i) your use of and access to this Site or the Services found on this Site; (ii) your violation of any provision of this Agreement or the policies or agreements incorporated herein; and/or (iii) your violation of any third party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section will survive any termination or expiration of this Agreement or your use of this Site or the Services found on this Site.
Rubfy reserves the right to stop offering or providing any of the Services at any time, for any reason or no reason and without notice. While Rubfy makes every effort to maximize the lifespan of all of its Services, there are times when a Service we offer will be discontinued or reach End of Life ("EOL"). If this is the case, that product or service will no longer be supported by Rubfy in any way effective on the End of Life (EOL) date.
Warning and Migration. In the event that any Service we offer reaches or reaches EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service prior to the EOL date or fully discontinuing reliance on said Service prior to the EOL date. In either case, Rubfy will offer you a comparable Service for the remainder of the term of your purchase, a prorated store credit or a prorated refund, to be determined by Rubfy in its sole and absolute discretion. Rubfy may, with or without notice, migrate you to the most up-to-date version of the Service, if available. You agree to assume full responsibility for any and all loss or damage arising from such migration.
No Liability. Rubfy will not be liable to you or any third party for any modification, suspension or discontinuation of any of the Services that we may offer or facilitate access to.
You acknowledge and agree that your method of payment will be charged and processed by Rubfy, Brazil.
You agree to pay any and all prices and fees due for Services purchased or obtained from this Site at the time you order the Services. All prices and fees are non-refundable unless expressly stated in the Refund Policy section below, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. Rubfy expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications will be posted online on this Site and will be effective immediately without further notice. If you have purchased or obtained Services for a period of months or years, changes or modifications to prices and fees will be effective when the Services in question are renewed as described below. Except as prohibited in any product-specific agreement, you may pay for the Services using any of the following “Payment Methods”: (i) by providing a valid credit card, (ii) using PayPal (as defined below), or (iii) ) via store credit balances, if applicable (and as defined below), each as a “Payment Method”. For Services that offer "Express Checkout", clicking the Express Checkout button will automatically place an order for that Service and charge the primary payment method on file with your account. Confirmation of this order will be sent to the email address registered in your account. Your payment method on file must be kept valid if you have any services active on your account. You acknowledge and agree that when refunds are issued to your payment method, Rubfy's issuance of a proof of refund is merely confirmation that Rubfy has sent the refund to the payment method billed at the time of the original sale and that Rubfy has absolutely no control over when the refund will be applied to your payment method's available balance. You also acknowledge and agree that the payment provider and/or the issuing bank associated with your payment method establish and regulate the deadlines for posting the refund, and that these refund deadlines can vary from five (5) business days to one Full time. billing cycle or longer. In the event that a refund is issued to your payment method and the payment provider, payment processor or issuing bank associated with your payment method imposes any limitations on refunds, including but not limited to limitations on the refund or the number of refunds allowed, Rubfy, in its sole and absolute discretion, reserves the right to issue the refund in the form of a store credit. Rubfy also has the right, but not the obligation, to offer an in-store credit to customers seeking a refund, even if there are no limitations on refunds imposed by the Payment Method. For the avoidance of doubt, any and all refunds processed via the issuance of in-store credits are solely at Rubfy's discretion and are not available at the customer's request. To ensure that you do not experience an interruption or loss of Services, most Services offer an automatic renewal option. The automatic renewal option automatically renews the applicable Service for a renewal period equal to the most recent service period, except for domain names that will renew for the original service period. For example, for non-domain products, if your last service period was one year, your renewal period will be one year. While details of the automatic renewal option vary from Service to Service, Services that offer an automatic renewal option treat it as the default setting. Therefore, unless you disable the automatic renewal option, Rubfy will automatically renew the applicable Service when it renews and will receive payment from the payment method you have on file with Rubfy at Rubfy's current rates, which you acknowledge and agree may be higher or lower than the rates for the original service period. To view the renewal settings applicable to you and your Services, simply log in to your Members Area and find your Member Account. You can enable or disable the automatic renewal option at any time. However, if you choose to disable the automatic renewal option and do not manually renew your Services before they expire, an interruption or loss of Services may occur, and Rubfy will not be liable to you or any third party in connection therewith. In addition, Rubfy may participate in "recurring billing programs" or "account upgrade services" supported by your credit card provider (and ultimately dependent on your bank's participation). If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing payment method, your credit card company (or your bank) may notify us of updates to your credit card number and/or expiration date. maturity. charge your new credit card in our name without telling us. In accordance with recurring billing program requirements, in the event that we are notified of an update to your credit card number and/or expiration date, Rubfy will automatically update your payment profile on your behalf. Rubfy does not guarantee that we will request or receive updated credit card information. You acknowledge and agree that it is your sole responsibility to modify and maintain your account settings, including but not limited to (i) setting your renewal options and (ii) ensuring that your payment methods are current and valid. Furthermore, you acknowledge and agree that your failure to do so may result in interruption or loss of Services, and Rubfy will not be liable to you or any third party in connection therewith. If, for any reason, Rubfy is unable to charge your Payment Method for the full amount due for the services provided, or if Rubfy receives notice of a chargeback, chargeback, payment dispute, or penalty for any fee previously charged to your Payment Method , you agree that Rubfy may pursue all available legal remedies to obtain payment, including, without limitation, immediate termination without notice of any domain names or Services registered or renewed in your name. Rubfy also reserves the right to charge reasonable "administrative fees" or "processing fees" for (i) tasks that Rubfy may perform outside the normal scope of its Services, (ii) time and/or additional costs that Rubfy may incur in providing its Services. and/or (iii) your failure to comply with this Agreement (as determined by Rubfy in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP actions in connection with your domain name(s) and/or disputes requiring accounting or legal services, whether performed by Rubfy staff or external companies engaged by Rubfy; (iii) recover any and all costs and fees, including the cost of the Services, incurred by Rubfy as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be charged to the payment method registered with Rubfy. Rubfy can offer product-level pricing in multiple currencies; however, transaction processing is supported only in US Dollars and a select number of currency options displayed on this site ("Supported Currency" or "Supported Currencies"). If the selected currency is Supported Currency, the transaction will be processed in the Supported Currency and the price displayed during the payment process will be the actual amount processed and sent to the bank for payment. If the selected currency is not a supported currency, the transaction will be processed in US Dollars and the price displayed during the checkout process will be an estimated conversion price at the time of purchase. In both cases (whether the selected currency is a Supported Currency or not), if the transaction is processed in a currency that differs from your bank account currency, you may receive a conversion fee from your bank's exchange rate. Additionally, due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction registers on your bank statement, fees conversion rates may fluctuate, and Rubfy makes no representations or warranties that (a) the amount sent to your bank for payment will be the same as the amount posted on your bank statement (in the case of a supported currency) or (b) the price estimated conversion rate will be the same whether it is the amount processed or the amount posted on your bank statement (in the case of an unsupported currency), and you agree to waive any and all claims based on such discrepancies (including any and all refund requests based on the foregoing). In addition, regardless of the currency selected, you acknowledge and agree that you may be charged Value Added Tax ("VAT"), Goods and Services Tax ("GST") or other localized fees and/or taxes based on your Bank. and/or the country indicated in the billing address section.
Refund Policy: Products and Services available for refund are described here (“Refund Policy”). For products and services eligible for a refund, you may request a full refund within seven (7) days of purchase ("Refund Period"), if the product is included in the plan price or as an additional fee of service/configuration/installation/payment gateway, the fee will not be refunded. Refunds via the payment method used at the time of purchase are processed within 15 business days. For refunds requested after the Refund Period, an in-store credit will be issued for any unused time remaining on your plan. Unused time will be calculated as the number of days remaining within the current cycle. If you purchase a product that includes a free domain name, if you cancel the product, the list price of the domain name will be deducted from the refund amount. The list price is the price of the domain name listed on the Rubfy website and is not subject to any promotion, discount or other price reduction.
Service renewals are non-refundable as described in our Policy Refund Policy.
In no event will you be eligible for more than one refund for the same product.
By using the refund option PayPal payment through PayPal (“PayPal”), you may purchase Services using PayPal. In this connection, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account ("PayPal Account") or credit card(s), bank account(s) or other permissible payment method linked to your PayPal account ("PayPal Funding Source").
It is your responsibility to keep your PayPal Account and your PayPal Funding Source current and funded, and your PayPal account PayPal with a valid credit card. You acknowledge and agree that (i) PayPal reserves the right to refuse a transaction for any reason (including, but not limited to, payments not going through as a result of your PayPal account or PayPal funding source no longer existing, or not retain available/sufficient funds) and (ii) in such event, neither PayPal nor Rubfy will be liable to you or third parties in connection therewith. If, for any reason, PayPal is unable to withdraw the full amount due for your purchase, you agree that PayPal and Rubfy may pursue all available legal remedies to obtain payment. You agree that if the transaction is returned without payment, you will pay a service fee of $25.00 or the maximum amount permitted by law, which may be debited from your PayPal account or PayPal Funding Source.
By clicking the "I agree" box to the terms of the PayPal payment option, you authorize a debit of the full amount of your purchase from your PayPal account or PayPal Funding Source.
Rubfy offers a variety of alternative international payment options through a variety of international payment providers (“IPP”). In the event that you select an IPP, you represent that you have already agreed to any and all applicable IPP customer service agreements prior to completing your transaction on Rubfy. You further agree to allow IPP to debit the full amount of your purchase from your selected bank account, e-wallet account (including credit card, bank account(s) or other permitted form(s) of payment (s) linked to your e-wallet account) or any other type of account associated with the selected IPP (including, but not limited to, prepaid cards and mobile payments), collectively “Funding Sources”. You further agree to allow the selected IPP to charge, if applicable, an “Exchange Rate Conversion Fee” as well as any other fees or charges applicable to your agreement with the IPP ( collectively, the “IPP Fees”). their funding sources. You understand and agree that the IPP Fees are subject to change at any time by the IPP without notice from Rubfy.
It is your responsibility to keep your funding sources current and funded. You acknowledge and agree that (i) IPP reserves the right to refuse a transaction for any reason (including, but not limited to, payments that are not fulfilled as a result of your Funding Sources no longer existing or not available/sufficient funds) and (ii) in such event, neither IPP nor Rubfy will be liable to you or third parties in connection therewith. You acknowledge that Rubfy will not attempt to fulfill the Services purchased by you until Rubfy receives confirmation of payment for the IPP through its associated payment processor. You acknowledge that there may be a gap of several hours or days between the time you place an order and the time IPP confirms payment through the associated payment processor. If Rubfy does not receive IPP payment confirmation through its associated payment processor within thirty (30) days from the time the order is placed, your order may be cancelled, at which time you will need to initiate the process purchase again. In the event that you would like to cancel payment for a pending transaction, please cancel the order via your Rubfy account. Payments received on previously canceled orders will be automatically refunded to the original payment method where possible.
If, at the time Rubfy receives payment confirmation from the IPP ( through its associated payment processor), (i) the Services (including domain names) will no longer be available for purchase; or (ii) a pending order has been canceled in our systems; or (iii) the payment confirmation does not match the dollar value of the pending order, and as a result your purchase is overfunded or underfunded, Rubfy may automatically issue a partial refund (in the event of overfunding) or a full refund (in case of underfunding) to your funding source. If the IPP (or its associated payment processor) imposes refund limitations of any kind, Rubfy reserves the right to issue refunds to an in-store credit balance. If you receive a full refund, you will need to start the purchase process all over again. You acknowledge and agree that IPP reserves the right not to refund IPP fees associated with a refunded transaction. Accordingly, any refunds issued by Rubfy will be net of IPP Fees unless otherwise specified.
In the event that your account contains a store credit balance, you may apply any available credit balance to any future purchases in your account. In the event that your Account contains a store credit balance, you authorize Rubfy to apply any available credit balance to any administrative fees, chargebacks or other fees in connection with your Account. In the event that your default payment method fails for automated billing in connection with the processing of any service renewals, Rubfy may utilize any available store credit balance if there are sufficient funds to cover the entire transaction. Regardless of the amount of store credit available in your account, Rubfy is not responsible for lost products resulting from an inability to collect funds from your default payment methods or store credit. Store credits will be applied based on the currency selected in the shopping cart at the time of purchase (or renewal). If you have more than one store credit, credits will be processed according to the age of the credit, with the oldest store credit being applied first. If additional funds are required to complete the purchase or renewal, credits held in a non-selected currency will be converted using Rubfy's daily exchange rate based on the age of the credit (oldest to newest) until (i) sufficient funds are allocated to complete the transaction or (ii) there is no available balance in your account. You understand and agree that, at the time of conversion, Rubfy may also impose an additional administrative fee to offset the risks and costs associated with providing currency conversion services.
You can check your credit balance available in the store at any time by logging in to "Manage Your Account" or via the shopping cart on the Rubfy website. You acknowledge that store credit balances are non-transferable and may only be used in the account in which they were purchased and may expire. Free Store Credits will expire two years after issue. In the event Rubfy terminates your account, you acknowledge and agree that any remaining balance available in the store will be forfeited.
You also acknowledge that funds available in your store credit balance will be held by Rubfy and will not accumulate or they will pay interest to your name. To the extent that any interest may accrue, you understand and agree that Rubfy shall be entitled to receive and hold such amounts to cover costs associated with supporting the store credit balance functionality.
Unless otherwise noted, the following words refer to blockchain software ledger data entries: "digital asset", "asset", "currency", "cryptocurrency", "ledger entry", "altcoin " and "token".
Rubfy offers a variety of options for cryptocurrencies, tokens and digital assets through a Cryptocurrency Payment Provider (CPP). In the event that you select a CPP, you represent that you have already agreed to any and all applicable CPP customer service agreements prior to completing your transaction on Rubfy. If applicable, an "Exchange Rate Conversion Fee" as well as a "Transaction Fee" and any other fees or charges applicable to your agreement with the CPP (collectively, the "CPP Fees" ) of its Financing Sources. You understand and agree that CPP Fees are subject to change at any time by CPP without notice from Rubfy.
You acknowledge and agree that (i) CPP reserves the right to refuse a transaction for any reason (including, but not limited to, payments that do not go through. In such event, neither CPP nor Rubfy will be liable to You or You acknowledge that Rubfy will not attempt to fulfill the Services purchased by You until Rubfy receives confirmation of the IPP payment through its associated payment processor. You acknowledge that there may be a difference of several hours or days between the Rubfy. time you place an order and the time CPP confirms the payment through the associated payment processor If Rubfy does not receive confirmation of the CPP payment through its associated payment processor within thirty (30) days from the time the order is cancelled, at which time you will have to start the purchase process again.
This Agreement will be binding and will be effective for the benefit of the parties hereto and their respective heirs, successors and assignees.
Nothing in this Agreement shall be deemed to confer any third party rights or benefits.
Rubfy makes no representation or warranty that the content available on this Site or the Services found on this Site is appropriate in all countries or jurisdictions, and access to this Site or the Services found on this Site from countries or jurisdictions where their content is illegal is prohibited. Users who choose to access this site or the services found on this site are responsible for compliance with all local laws, rules and regulations.
Except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above and available here, this Agreement shall be governed by and construed in accordance with the federal law of Brazil. You agree to waive the right to a jury trial in any action or proceeding arising in connection with or arising out of this Agreement.
The titles and headings in this Agreement are for convenience and ease of reference only and are not to be used in any way to construe or interpret the agreement between the parties as set forth herein. Each agreement and agreement in this Agreement shall be construed for all purposes as a separate and independent agreement or agreement. If a court of competent jurisdiction finds any provision (or part of a provision) of this Agreement to be illegal, invalid or unenforceable, the remaining provisions (or parts of provisions) of this Agreement will be unaffected and will be found. be valid and enforceable to the fullest extent permitted by law.
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
Rubfy
Avenida Paulista, 1636 - sala 1504, Bela Vista, São Paulo - SP - 01310-200
Avenida Carlos Gomes, 700 - sala 606,
Boa Vista, Porto Alegre - RS - 90480-000
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