Effective Date: April 01 2025
Welcome to our website, www.rubyaro.co (the “Site”). By using this Site, you represent that you are an adult of 18 or more years of age, have the legal capacity to enter a contract, and agree to comply with and be bound by the following terms and conditions of use (“Terms”). These Terms cover your use of and access to the Site, products, services and features (collectively, the “Services”) provided by Ruby Aro LLC (“Ruby Aro,” “we,” “us” or “our”), including without limitation during free trials, on the Site. Please review these Terms carefully. IT INCLUDES IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, AND COVERS AREAS SUCH AS AUTOMATIC SUBSCRIPTION RENEWALS, WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, THE RESOLUTION OF DISPUTES AND A CLASS ACTION WAIVER. Please note if you are an EU Consumer (as defined below), some of these provisions may not apply to you and you may be entitled to specific rights under the mandatory laws of the country in which you reside. If you do not agree to these Terms, you are not authorized to use this Site.
By using or accessing the Services, you are agreeing to these Terms, our Privacy Policy and other policies, terms and/or conditions as may be posted from time to time by Ruby Aro on the Site (collectively, this “Agreement”). If you are using the Services on behalf of an organization, you are agreeing to this Agreement on behalf of that organization, and you represent and warrant that you have the authority to do so.
We encourage you to review this Agreement frequently as it may be updated from time to time at the discretion of Ruby Aro. If you have any questions or feedback regarding this Agreement, please contact us at hello@rubyaro.co.
Account Creation
Signing Up. To use some of the Services, you must first create an account (“Account”). You agree to provide us with accurate, complete and up to date information for your Account. We may need to use this information to contact you. Therefore, it is your responsibility to update that information as soon as it changes.
Safety. Please safeguard your Account and make sure others don’t have access to it or your password and other authentication credentials (collectively, “passwords”). You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your passwords. We are not liable for any acts or omissions by you or anyone else in connection with your Account. You must immediately notify us if you know or have any reason to suspect that your Account or passwords have been compromised or in case of any actual or suspected unauthorized use of your Account.
Third Party Services, Products and Sites
Third Party Services. The Services are integrated with various third party services and applications (collectively, “Third Party Services”) that may make their content, products or services available to you via the Site. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. Any information that a Third Party Service collects, stores and processes from you will be subject to such Third Party Service’s terms of service, privacy notice, or similar terms, and will not be subject to our Privacy Policy. Therefore, please evaluate and ensure you trust each Third Party Service prior to using Third Party Services. Each Third Party Service is solely responsible for providing all support, maintenance and technical assistance to you with respect to their services. When using Third Party Services, your security is your responsibility. We do not control Third Party Services, and we are not liable for Third Party Services or for any transaction you may enter into with them, or for what they do. We may receive a revenue share from Third Party Services that we recommend to you or that you otherwise engage via the Services. You agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We are not liable for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses, or business disruption, costs or expenses you may incur or otherwise experience as a result (except where prohibited by applicable law).
Third Party Sites. The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We do not control and are not liable for those sites and what those third parties do.
Ruby Aro’s Intellectual Property
All content on this Site, including without limitation, graphics, logos, trademarks, images, videos, animations, text, and software is, and shall continue to be, the property of Ruby Aro or its content suppliers and is protected under applicable copyright, trademark, patent, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted by Ruby Aro in writing and addressed to you specifically. You agree not to change, modify, translate or otherwise create derivative works of the Services. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
Ruby Aro grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy content from the Site, reverse engineer or hack into the Site, or use materials, products or services in violation of any law. Your use of this Site is at the discretion of Ruby Aro who may terminate your access and use at any time.
Ruby Aro’s Rights
Site Operation. We reserve the following rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Services and their functionality; (b) we may suspend or discontinue parts or all of the Services; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Services; (d) we may terminate, suspend, restrict or disable access to your Account; and (e) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you reside, we may revoke your right to use the Services in that jurisdiction).
Ownership Disputes. Sometimes ownership of an Account is disputed between parties, such as a business and its employees or family members. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account ownership and to transfer an Account to such owner. Our decision in that respect is final. If we feel that we cannot reasonably determine the rightful owner, we reserve the right to suspend an Account until the disputing parties reach a resolution. We also reserve the right to request documentation, such as a government-issued photo identification, credit card invoice or another form of proof, to help determine the rightful owner.
Privacy
Your use of the Services is also governed by our Privacy Policy. Ruby Aro reserves the right, and you authorize us, to use and assign all information provided by or collected from you in any manner consistent with our Privacy Policy. By using the Services, you confirm that you have read and understood our Privacy Policy. However, it is not a contractual document and does not form part of this Agreement; we reserve the right to change it from time to time in our sole discretion.
Copyrights of Third Parties
We respect the intellectual property of others and respond to valid notices of alleged copyright infringement. We reserve the right, in our sole discretion and in accordance with applicable law (including the Digital Millennium Copyright Act of 1998), to delete or disable content alleged to be infringing. Please review our DMCA Policy as by using our Services, you confirm that you have read and understood it. However, it is not a contractual document and does not form part of this Agreement; we reserve the right to change it from time to time in our sole discretion.
Paid Services and Fees
Fees. You can access certain portions of the Services by submitting a fee payment (collectively, “Paid Services”). Paid Services will remain in effect until canceled or terminated in accordance with this Agreement. We will tell you about fees for Paid Services before charging you. You may cancel Paid Services at any time via the Services. If you do not pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services in our sole discretion. Our subscription fees will appear on an invoice that we provide via the Services, within your Account, unless otherwise indicated. Transaction fees and additional fees may also apply to certain portions of the Services, and we will notify you about those fees before charging you. Please note that different Paid Services have different fees and payment schedules, and canceling one Paid Service may not cancel all your Paid Services.
Taxes. All fees are exclusive of applicable national, provincial, state, local or other taxes (“Taxes”), unless explicitly stated otherwise. You shall be solely responsible for all applicable Taxes, and we will charge Taxes in addition to the fees for the Services when required to do so. If you are exempt from Taxes, you must provide us with valid tax exemption documentation. We reserve the right to determine if the documentation provided is valid. Tax exemption will, provided we are satisfied it is valid and applicable, only apply from and after the date we receive such documentation. If Ruby Aro has a legal obligation to pay or collect indirect Taxes (such as value-added tax or goods and services tax) on the sale to you under the laws of your country (where you are established, have a permanent address, or usually reside), you shall be liable for payment of any such indirect Taxes. Where Ruby Aro does not have a legal obligation to pay or collect indirect Taxes on a sale of Paid Services to you, you may be required to self-assess those Taxes under the applicable laws of your country (where you are established, have a permanent address, or usually reside).
Subscription Renewals. To ensure uninterrupted service, we will automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period or amount afterwards until cancellation. Your renewal period will be equal in time or amount to the renewal period of your current subscription. We will automatically charge you the applicable amount using the payment method you have on file with us and by agreeing to this Agreement, you authorize us to do this. We will let you know in advance if you are purchasing a Paid Service that includes auto-renewal payments. You can disable auto-renewal at any time via your Account by cancelling or downgrading your Paid Service, whichever applies.
Refunds. While you may cancel any Paid Services at any time, you will not be issued a refund or credit except in our sole discretion, or if legally required. If Ruby Aro chooses to grant you a refund that does not entitle you to a refund in future circumstances. Some of the Paid Services offer a free trial so you can try out your subscription. Please note applicable statutory rights of cancellation may not result in a refund, as we do not charge for this trial period.
Changes. We reserve the right to change our fees at any time in our sole discretion. We will provide you with advance notice of these fee changes via the Services. If you do not agree with the fee changes, you have the right to reject the change by canceling the applicable Paid Service before your next payment is due.
Chargebacks. If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may immediately terminate your Account. If you have questions about a payment made to us, we encourage you to contact us at hello@rubyaro.co before filing a Chargeback. We reserve the right to dispute any Chargeback from you.
Our Payment Processors. We use third party payment processors (each, a “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processor is CCBill. If you use CCBill, your payments are processed by CCBill in accordance with CCBill’s terms of service and privacy policy. You agree to pay us, through the applicable Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
Fees For Third Party Services. Third Party Services purchased via the Services may be subject to different refund or other policies that those Third Party Services determine, and such Third Party Services may be non-refundable. The purchase terms and conditions for such Third Party Services may be displayed during the purchase process, such as through a link to the purchase terms and conditions. It is your responsibility to verify your ability to purchase, cancel or obtain a refund for a Third Party Service. Unless otherwise stated in this Agreement, we do not offer refunds for purchases of Third Party Services.
Access. You acknowledge and agree that you must secure internet access to be able to use the Paid Services.
Term and Termination
This Agreement will remain in effect until terminated by either you or us. You may terminate this Agreement at any time via the Services. We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of part or all of the Services if you violate these Terms or our Acceptable Use Policy. We will endeavor to provide you reasonable notice upon suspending or terminating part or all of the Services. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation the following sections in these Terms and any similar sections or provisions in the rest of this Agreement.
Disclaimers; Limitations of Liability
Disclaimers. THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. RUBY ARO DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
Limitations of Liability. UNDER NO CIRCUMSTANCES WILL RUBY ARO BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SERVICES, YOUR SITE USE, OR THE CONTENT PROVIDED BY THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES AND/OR CONTENT ON THIS SITE IS TO CEASE ALL OF YOUR SERVICES USE.
Exceptions. Under certain circumstances, some jurisdictions do not permit the disclaimers and/or limitations set in this Section, so they may not apply to you. However, the disclaimers and/or limitations apply to the maximum extent permitted by applicable law. You may have other statutory rights and nothing in this Agreement affects your statutory rights or rights under mandatory laws. The duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by applicable law.
Indemnification
You agree to indemnify, defend and hold Ruby Aro and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees and costs, related to your violation of this Agreement or use of the Services.
Applicable Law
Governing Law; Venue; Actions. If there is any dispute about or involving the Services or this Agreement, you agree that any dispute shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of the New York County, New York, New York, USA.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, ANY OF THE SERVICES, OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
NO CLASS ACTIONS. You may only resolve disputes with Ruby Aro on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated or representative action. Class actions, class arbitrations, collective actions, private attorney general actions and consolidation with other arbitrations or class action suits are not allowed, except to the extent Ruby Aro in our sole discretion consents in writing.
Miscellaneous
Entire Agreement. This Agreement constitutes the entire agreement between you and Ruby Aro regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. You agree that you have not relied upon, and have no remedies in respect of, any term, condition, statement, warranty or representation except those expressly set out in this Agreement. You also may be subject to additional terms, policies or agreements that may apply when you use other services, including Third Party Services. This Agreement creates no third party beneficiary rights, and no third party shall have any right or standing to claim benefit or bring an action to enforce this Agreement.
Severability; Waiver and Assignment. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. You may not delegate, transfer or assign this Agreement or any of your rights or obligations hereunder without our prior written consent, and any such attempt will be of no effect. We may delegate, transfer or assign this Agreement or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries or to any purchaser of any of our business or assets with thirty (30) days prior written notice.
Relationship of the Parties. Each party to this Agreement is, and shall remain, an independent contractor and nothing contained in this Agreement shall be construed to make either party a partner, joint venturer, employee or agent of the other party, and neither party shall hold itself out as such. Neither party to this Agreement has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party.
Modifications. We may modify this Agreement from time to time and will post the most current version on the Site. If a modification materially reduces your rights, we will notify you, which may be by sending you an email or displaying a prominent notice within the Services (but is not limited to the aforementioned means). By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement and price changes. If you disagree with our changes, then you must stop using the Services and cancel all Paid Services.
Force Majeure. We are not in breach of this Agreement or liable to you if there is any total or partial failure of performance of the Services resulting from any act, circumstance, event or matter beyond our reasonable control. This may include where such results from any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, pandemic, endemic, insurrection, inability to communicate with third parties for any reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.