Last Modified: October 1, 2020 Introduction

Ruby is a service and platform provided by Ruby Cares, Inc. (the “Company”) through our website https://www.rubyisabetterway.com/ (our “Website”). These Terms of Service (“Terms”) cover your use of our Website and/or our mobile application (our “App”). When you visit our Website or access or use our App, you agree to be bound by these Terms. Please read the Terms carefully and keep a copy for your records.

In this Agreement, “you” or “your” refers to the person(s) subscribing to or using Ruby, whether as a Principal or an Authorized User. A “Principal” is the person who creates a Ruby account.  An “Authorized User” is a person authorized by a Principal to have access to the Principal’s Ruby account.  “We,” “us,” or “our” refers to the Company and its affiliates and any agent, independent contractor, designee, or assignee the Company or its affiliates may, in their sole discretion, involve in the provision of Ruby services.  “Ruby” refers to our Website and/or App and to accounts on either of the foregoing.

A. General Terms

1. System Requirements. To use Ruby, you must have access to a computer or device with internet access using a modern browser with the latest version of Chrome, Firefox or Safari. Note: Other modern browsers may work, but are not supported. To access our App, we require an Apple or Android device with a camera and internet access. These Terms apply regardless of how you access Ruby.

2. Account and Password. Accessing and using Ruby requires you to obtain an account by completing a registration form and designating a user name and password. You are responsible for the activity that happens on or through your Ruby account. When signing up for a Ruby account, you must provide accurate and complete information about yourself on the registration form. You must also maintain and update your account information so it continues to be accurate and complete.

You will be asked to choose an alpha-numeric password which you will use to obtain access to Ruby. You should not use any password that you use for other purposes as your password. You authorize us to follow any instructions entered through Ruby using your password.

Because your password can be used to obtain information in Ruby about you, you should treat your password with the same degree of care and secrecy that you use to protect your sensitive personal data. You agree not to give your password, or make it available, to any person not authorized to access your Ruby account or information.

3. Your Conduct and Use. You may use Ruby only as permitted by law. You are responsible for your conduct on Ruby. We reserve the right to review your Content and conduct on Ruby for compliance with these Terms. We also reserve the right to remove any Content, as defined below, that violates the provisions of this section.You agree not to use Ruby for business purposes. You must use Ruby only for personal non-commercial purposes.

You agree to keep Ruby free of spam and malware. Spam includes, but is not limited to, unwanted promotional or commercial content and unwanted or mass solicitation. You agree not to use Ruby for phishing. You agree not to use Ruby to transmit malware, viruses, destructive code, or anything that may harm or interfere with the operation of the networks, servers, or other infrastructure of the Company or others.You agree not to use Ruby to promote terrorism, hate speech, harassment, bullying, threats, or violence. You agree not to use Ruby to create, possess, or distribute sexually explicit or pornographic images or video. You agree not to use Ruby to create, possess, or distribute child sexual abuse imagery or material.

You agree not to use Ruby to engage in, or promote, illegal acts. For example, but without limitation, you agree not to use Ruby to engage in, or promote, the sale of regulated or illegal drugs.

You agree not to use Ruby to deceive, mislead, defraud, or confuse other Ruby users or third parties.

You agree not to share personal and confidential information of others unless you are authorized to do so.You agree not to post or distribute images of, videos of, or information relating to minors unless you have the necessary authorization from their legal representatives.

You agree not to use Ruby to share copyrighted information without authorization.Ruby is protected by copyright, trademark, and other applicable laws. These Terms do not grant you any right, title, or interest in Ruby, or Ruby trademarks, logos, or other brand features.

The software of Ruby contains trade secrets and, to protect them, you may not modify, translate, reverse engineer, decompile, disassemble or otherwise reduce the software to human perceivable form. You may not create derivative works based on the software or remove any proprietary notices, labels or marks on the software or accompanying documentation. You agree not to transfer or otherwise sublicense the right to use Ruby; attempt to copy or otherwise reproduce Ruby; attempt to access or decompile, reverse engineer or otherwise derive the source code for the Ruby; resell or use Ruby for the benefit of any other entity other than you; or alter, remove or fail to include any copyright notice or other proprietary rights notices that appear on any interfaces related to Ruby or authorized reproductions thereof.To report a suspected violation of these Terms, please email legal@rubyisabetterway.com.

4. Your Content.

As Principal, you can give Authorized Users access to your Ruby account. By designating an Authorized User, you represent to us that you are authorized to share files, documents, contacts, and other information (“Content”) with the Authorized User.  The Principal and the Authorized Users can upload, store, and share Content in the Ruby account. If you upload Content about another person, you represent to us that you are authorized to upload that Content. As Principal, you are responsible for all of the Content uploaded by you or an Authorized User. YOU UNDERSTAND AND AGREE THAT WE MAY USE SUCH CONTENT IN ACCORDANCE WITH OUR PRIVACY POLICY.

By uploading, storing, or sharing Content on Ruby, the Principal and each Authorized User give Ruby a worldwide license to host, store, reproduce, modify, and create derivative works from such Content. The rights granted in this license are for the limited purpose of operating and improving our products and services, and to develop new ones.You agree that you will not rely on Ruby as the sole source for maintenance or storage of any Content. The Principal must ensure that backup copies of all Content uploaded to Ruby are maintained.5. User Permission. Ruby’s User Permission settings allow users to control whether, and which, other Ruby users can view and edit Content. The specific functionality permitted for each Authorized User role is detailed on the Website. We reserve the right to change the type and number of Authorized User roles that a Principal may designate, as well as the functionality applicable to each Authorized User type, at any time. You should review your User Permission settings frequently.

6. Disclosure of Account Information to Third Parties. We will disclose information to third parties about your Ruby account or the transactions you make:  (a) as necessary to provide Ruby and its functions to you; or (b) in order to comply with a governmental agency or court order; or (c) if you give us your written permission; or (d) in accordance with our Privacy Policy.

B. Privacy Policy Our Privacy Policy applies to your use of our Website and our App and supplements these Terms. All information we collect from you through our Website and App is subject to our Privacy Policy. In the event of a conflict between the Privacy Policy and these Terms, the terms of the Privacy Policy shall govern the matter.

C. Intellectual Property Rights

The Website and App and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website and App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App or Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing the Website;

You may store files that are automatically cached by your web browser for display enhancement purposes;

You may print or download pages from the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution;

You may download a single copy of the App to your mobile device solely for your own personal, non-commercial use; andIf we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from the Website or App.

Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website or App.

You must not access or use for any commercial purposes any part of, or any services or materials available through, the Website and/or App.

If you wish to make any use of material available on the Website and/or App other than that set out in this section, please address your request to: help@rubyisabetterway.com

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or App in breach of the Terms, your right to use the App and Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. We license use of the App to you on the basis of and subject to these Terms and any rules or policies applied by any app store provider or operator from whose site, located at https://play.google.com/store/apps and https://www.apple.com/app-store/, you download the App from. We do not sell the App to you and you understand that the Company remains the owner of the App at all times and that your account relationship with respect to the App is with the Company, and not any third party. All rights not expressly granted are reserved by the Company. Any use of the Website and/or App not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

D. Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website and App are the trademarks of their respective owners.

E. Copyright

We reserve the right to delete or modify content alleged to violate applicable copyright laws. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our Website or App infringe your copyright, you may request removal of those materials by submitting notification to our designated agent. Please include the following information in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512):

Your physical or electronic signature;Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website or App, a representative list of such works;Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);

A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;

A statement that the information in the written notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.Notification should be sent to Ruby’s designated agent via email to legal@rubyisabetterway.com. A copy of this notification may be provided to the individual who provided the material that is claimed to be infringed or to be the subject of infringing activity.

Upon receipt of a valid claim, we will remove or disable access to the material that is claimed to be infringing.

F. Communications

You agree that we may send you communications, including emails, related to Ruby, the Company and its affiliates.  Our communications may include, but are not limited to, notices about your use of Ruby, updates regarding features or products offered by Ruby, the Company or its affiliates, and promotional material regarding Ruby, the Company, or its affiliates.You authorize us to contact you for any reason at any landline or cellular telephone you provide to us, or at any landline or cellular telephone number we associate with your account. You agree that we may contact you via voice, Short Message Service, Multimedia Messaging Service, and any other method of communication conducted through any telephony system. You also agree that we may contact you using an automatic telephone dialing system, a prerecorded voice, or an artificial voice, for any reason.

G. Charges for Ruby

We may offer both free and subscription-based versions of Ruby. Any payments made to us are through our third party payment processor, Stripe, Inc., and you will be directed to Stripe’s website for payment. Any information you provide on the Stripe website is subject to the Stripe Privacy Policy posted on the Stripe website. We do not store or receive any credit card or other sensitive payment information.

You can cancel your subscription and terminate your use of Ruby at any time by sending an email requesting termination of your account to help@rubyisabetterway.com.

H. Limitation of Liability

We will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other losses resulting from the use or the inability to use Ruby incurred by you or any third party arising from or related to the use of, inability to use, or the termination of the use of Ruby, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), even if we have been informed of the possibility thereof.

I. Disclaimer of Warranties

Ruby is provided “as is.” We disclaim all warranties whatsoever concerning Ruby, including, without limitation, any warranty of fitness for a particular use or warranty of merchantability. Other than as expressly stated in these Terms, we do not make any commitments about Ruby’s functionality, reliability, availability, or ability to meet your needs.

J. Termination

We may suspend or terminate your use of Ruby, in whole or in part, at any time without prior notice.You may terminate your use of Ruby at any time by sending an email requesting termination of your account to help@rubyisabetterway.com.Upon termination of your account, we will delete all of the Content that you uploaded to your account and you will no longer be able to access your Content or your account.

K. Links from the Application or Website

If the Website and/or App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website or App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

L. Geographic Restrictions

The Company is based in the State of Tennessee in the United States. We provide the Website and App for use only by persons located in the United States. We make no claims that the Website and App or any of their content is accessible or appropriate outside of the United States. Access to the Website and/or App may not be legal by certain persons or in certain countries. If you access the Website or App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

M. Entire Agreement
These Terms constitute the complete and exclusive agreement between you and us related to Ruby.

N. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Tennessee, without regard to any state’s conflicts of laws provisions.

O. Forum Selection
Any and all disputes related to, or arising out of, these Terms or Ruby shall be litigated in a federal or state court of competent jurisdiction in Davidson County, Tennessee. You consent to personal jurisdiction in the federal and state courts of Davidson County, Tennessee.

P. Class Action Waiver

You agree not to assert any claim related to, or arising out of, these Terms or Ruby in a representative capacity on behalf of a class of other individuals or entities.

Q. Amendments

We may modify these Terms at any time. We will post the most current version of the Terms on https://www.rubyisabetterway.com/terms. Your continued use of Ruby after we publish a new version of the Terms means that you consent to the modified Terms. You should look at the Terms regularly.

R. Severability

If any of the Terms are found to be unenforceable for any reason, you agree that all remaining Terms will continue in effect.

S. Waiver

Our failure to enforce any right or remedy allowed under the Terms will not constitute a waiver of such right.