Terms of Service

Key definitions

"Services" means all products and services provided by us that link to these Terms, including our website; our application ("Ruckus", our "App" or "Application"); the content provided, generated, or made available for or in relation to our Services (our "Materials"); and any products or services connected to or relying on Third-Party Services.

"You" ("your", the "customer", or the "user") means any individual using our Services, including any employees, agents, contractors, or other persons accessing our Services through your account ("Account") or with your authorization.

"Using our Services" means interacting with our Services in any way, including creating an Account, submitting User-Generated Content, accessing, browsing, providing or transmitting any other information, content, materials, or instructions through our Services, integrating with our Services, or doing so directly or through automated tools, scripts, software, or third-party applications.

Agreement to these Terms

By using our Services, you agree to be bound by these Terms, as well as our Privacy Policy and any other policies referenced within, which are expressly incorporated into these Terms. If you do not agree, you may not use our Services.

Our Services are intended for account holders aged 18 or older, or above the age of majority in their jurisdiction, whichever is higher. Persons below this age may not hold an Account. If we become aware that an account holder is below the required age, we may suspend or terminate their access to our Services immediately and without liability.

By using our Services, you acknowledge and agree that:

• you are at least 18 years old (or the age of majority in your location, whichever is higher);
• you have the legal capacity to enter into these Terms, and if you are representing an organization or other legal entity, you have the authority to bind that entity;
• the information you provide to us is, and will remain, accurate, complete, and current;
• and you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction subject to comprehensive sanctions or embargoes, and you are not a blocked, denied, or otherwise restricted party under applicable sanctions or export control lists.

If you do not meet these requirements, you must not use our Services.

Conditions of use

By using our Services, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

• Modify, copy, prepare derivative works of, decompile, or reverse engineer any Materials, software, or content provided through our Services, including User-Generated Content, without prior written permission from us.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notations on any Materials, software, or User-Generated Content available through our Services.
• Transfer, distribute, or "mirror" any part of our Services' Materials or User-Generated Content to another server or person without explicit authorization from us.
• Use our Services in a manner that knowingly or negligently disrupts or abuses our networks or any other services provided by us.
• Transmit, distribute, or post any harassing, indecent, obscene, fraudulent, or unlawful material through our Services.
• Use our Services in violation of any applicable local, state, national, or international laws or regulations.
• Engage in unauthorized advertising or spam activities using our Services.
• Harvest, collect, or gather user data, including User-Generated Content, without the explicit consent of the user or in violation of our Privacy Policy.
• Use our Services in a manner that infringes, misappropriates, or violates the privacy rights, intellectual property rights, or other rights of our company or any third party.
• Submit any User-Generated Content through our Services that is defamatory, infringing, or otherwise unlawful, or that violates the rights of our company or any third party.
• Use automated scripts or technologies, including bots or data mining tools, to access, scrape, or extract data from our Services without explicit consent from us.
• Attempt to gain unauthorized access to any portion of our Services or any related systems or networks.
• Engage in any conduct that restricts or inhibits any other user from using or enjoying our Services, or which, in our judgment, exposes our company or any of its users to any liability or detriment of any kind.
• Access, use, export, re-export, transfer, or otherwise make available our Services or any underlying software, technology, or content in violation of any applicable export control, trade, or economic sanctions laws.
• Hide or misrepresent your identity, including by using false names, impersonating others, or concealing your status as a sanctioned or restricted party.
• Take advantage of any feature or functionality that a reasonable person would consider to be an obvious omission, bug, or error.
• Attempt to circumvent or bypass any functionalities, restrictions, usage limits, paywalls, geo-restrictions, or access features of our Services.

Failure to comply with these limitations may result in the suspension or termination of your access and rights to our Services, as well as any other legal remedies available to us.

Changes to our Terms

We reserve the right to amend, remove, or vary these Terms at any time. Non-material changes may be effective immediately. For material changes, we may require you to re-accept the Terms to continue using our Services. We will provide you with reasonable notice as legally required, by any reasonable means, and such changes will become effective after the notice period. Changes required by applicable law or emergency may take effect immediately regardless of materiality.

Your continued access to or use of our Services after the effective date of any modifications constitutes your acknowledgment of and agreement to be bound by the revised Terms.

Your statutory rights

Every clause in these Terms applies in full, except where a mandatory provision of applicable law requires otherwise. Nothing in these Terms limits, excludes, or modifies any mandatory rights, protections, or remedies you may have under the laws that apply to you.

Your Account

You may need to create an Account to access all or part of our Services. Your username and password are for your personal use, and you must ensure that your Account information is accurate. If you believe your Account information requires updating, or if you experience problems accessing your Account, contact us.

Our access to your Account

From time to time, we may need to access your Account to provide or support our Services, to investigate potential violations of these Terms, to respond to legal requests, or to protect the security and integrity of our Services.

Single Sign-On (SSO) services

We may offer the option to register, log in, or connect your Account to Third-Party Services using Single Sign-On (SSO). When you use this feature, you acknowledge that you are using a Third-Party Service, and you grant us permission to access and process information from your Third-Party Service profile as permitted by that service and your privacy settings. You may revoke access to any Third-Party Service at any time through your Account settings or the Third-Party Service's platform.

Account security

Although we make commercially reasonable efforts to keep our Services secure, you are solely responsible for maintaining the security of your Account and any password(s) used to access it. You agree to: (a) use strong, unique passwords; (b) not share or disclose your password or access credentials to any third party; (c) implement additional security measures we may offer, such as two-factor authentication, if available; and (d) notify us immediately if you suspect any unauthorized access to your Account or other security breach, take all necessary steps to terminate the unauthorized use, and provide us with your full cooperation and assistance to terminate, rectify, and prevent further unauthorized use. We reserve the right to require you to change your password or implement additional security measures if we believe your Account security may be compromised.

We are not liable for any loss, damage, or consequences arising from: (a) your failure to comply with these security obligations; (b) unauthorized access to your Account; or (c) any actions taken through your Account, whether or not authorized by you.

Account deletion

If you wish to delete your Account, you can do so at any time through your Account settings, by reaching out to our support team, or by submitting the account deletion request form.

Account suspension and termination

We reserve the right, at our sole discretion and without liability, to the maximum extent permitted by applicable law, to suspend, terminate, or delete your Account, restrict access to our Services, or take any other appropriate measure with immediate effect for reasons including but not limited to:

• Your use of our Services poses a security risk to us, our Services, or any third party.
• Your use of our Services may adversely impact us, our affiliates, partners, or customers.
• Your use of our Services may subject us or our affiliates to liability or breach under any applicable law.
• Your use of our Services may be fraudulent, abusive, discriminatory, or illegal.
• Your use of our Services may disparage or devalue our reputation or goodwill.
• You are in breach of these Terms, including any representations and warranties.
• You become subject to a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation, or assignment for the benefit of creditors.
• There has been unauthorized use of our Services.
• We are requested to do so by any legal or public authority under any applicable law.

Where the issue is capable of being remedied and immediate action is not reasonably necessary, we will give you prior notice and a reasonable opportunity to remedy it before we suspend or terminate. We may act immediately and without prior notice where we reasonably consider it necessary, including in cases of fraud, security risk, unlawful activity, legal or regulatory requirements, or repeated failure to remedy.

Upon suspension or termination, any license rights granted to you under these Terms will terminate immediately, and we may delete your data in accordance with our Privacy Policy. You may appeal our decision by contacting us. All appeals are subject to our review and may not be available in all circumstances.

Subscriptions and recurring charges

Ruckus is free during the beta. The following applies to any paid plans we offer in future. Some of our products and services may be available through subscription plans ("Subscriptions"). Subscriptions are personal, non-transferable, and non-sublicensable. They begin upon payment confirmation and automatically renew at the end of the selected term (for example, monthly or annually), unless canceled or automatic renewal is disabled. You must maintain an active Account in good standing to manage your Subscription.

The total price, applicable taxes, billing frequency, and renewal terms are clearly displayed before you complete your purchase. By signing up for a subscription, you authorize the charges associated with your chosen subscription, including any required taxes, to be applied to the payment method linked to your Account. If payment is made by credit card, you agree that a pre-authorization may be requested for verification, and you consent to ongoing periodic charges aligned with the subscription term until the subscription is canceled or otherwise ends.

If a renewal charge fails, you agree that charges may be attempted on any backup payment method you have provided. Failed payments may result in the suspension of access until resolved, in accordance with the Account suspension and termination section.

If you fail to pay for your subscription, you agree to reimburse us for all reasonable collection costs we incur, including attorney fees and court costs. We may charge interest on unpaid amounts at a reasonable rate not exceeding the maximum rate permitted by applicable law.

We reserve the right to amend our subscription pricing, modify service offerings, discontinue features, or refuse subscriptions at our discretion. Any price changes will take effect at your next renewal, and we will notify you in advance in accordance with the Changes to our Terms section. The features, usage limits, and device restrictions included in your subscription are as described at signup, or as later modified with notice. We may suspend or terminate your subscription if you materially breach these Terms or fail to make payment.

Canceling subscriptions

You may cancel your Subscription at any time through your Account settings or by contacting our support team. Changes take effect at the end of the current billing cycle unless otherwise specified. Cancelations do not entitle you to refunds for unused portions, but you retain access until the cycle ends.

Free services

We may offer free access to parts of our Services ("Free Services"). Free Services are provided at our discretion. We may change, limit, suspend, or withdraw any Free Service, or your access to it, at any time and without liability to you, to the maximum extent permitted by applicable law. Nothing we make available for free entitles you to its continued availability, or to any particular feature or usage limit.

Unless we expressly state otherwise, we do not provide support commitments for Free Services. If your free Account remains inactive for an extended period, we may close it after giving you reasonable notice. Any other suspension or termination of Free Services is handled in accordance with the Account suspension and termination section of these Terms.

Third-party services

Our Services may include features, tools, and integrations (collectively, "Third-Party Services") that rely on, are built by, are connected with, or are supported by companies that are independent from us. By using Third-Party Services, you agree to comply with the applicable terms and conditions, usage rules, and policies of the respective providers.

We do not endorse, are not liable for, and make no representations or warranties about any Third-Party Services. We have no control over these services and are not responsible for how they work or what they do. If a Third-Party Service stops working or changes how it connects with our Services, we may need to discontinue that connection without liability to you, to the maximum extent permitted by applicable law.

Where an issue with our Services originates from a Third-Party Service, our responsibility is limited to using commercially reasonable efforts to resolve or mitigate the impact on our Services. We are not obligated to fix, replace, or compensate for failures, outages, or changes caused by Third-Party Services, except where required by applicable law. By using our Services, or any Third-Party Services in connection with our platform, you agree not to hold us responsible for any issues that arise directly from those Third-Party Services, to the maximum extent permitted by law.

AI powered features

Our Services include features and tools that incorporate artificial intelligence, machine learning, or related technologies ("AI Features"), which you may use at your discretion to perform or complete tasks within our Services. By using our AI Features, you acknowledge and agree that:

• Some of our AI Features may rely on or be supported by Third-Party Services. Where this is the case, the terms set out in the Third-party services section of these Terms apply.
• Content generated using AI Features constitutes User-Generated Content and will be treated as such under these Terms.
• AI Features may generate automated outputs based on probabilistic models and may produce inaccurate or incomplete results. You are responsible for reviewing and verifying all outputs before relying on them.
• Your use of AI Features may be subject to additional terms and conditions, which will be made available at the time of access or use.

Limitations of AI features

We do not guarantee the accuracy, reliability, or suitability of AI Features for any particular purpose and, to the maximum extent permitted by law, disclaim all liability for any errors, inaccuracies, or damages resulting from their use.

Service updates and changes

We may update, modify, or improve our Services from time to time. These updates may include technical adjustments, security enhancements, performance improvements, changes to features, or adaptations required to comply with legal or regulatory requirements. We reserve the right to implement updates at any time and for any reason, whether temporarily or permanently, with or without notice, and without liability to you or any third party, to the maximum extent permitted by applicable law.

You acknowledge that our Services may contain errors, bugs, or interruptions. We have no obligation to provide notice of, or correct, update, modify, maintain, or repair any aspect of our Services, except as required by applicable law.

Discontinuation

We reserve the right to suspend or discontinue all or part of the Services where reasonably necessary for legal, security, operational, or business reasons. Where practicable, we will provide reasonable notice before discontinuing a Service.

Temporary interruptions

We aim to keep the Services available and reliable. However, the Services may occasionally be unavailable due to scheduled maintenance, updates, technical issues, or circumstances beyond our reasonable control. We are not liable for any loss or damage arising from temporary interruptions to the Services, to the maximum extent permitted by applicable law.

Automatic app updates

If you install our App on your device, you agree that the App may receive automatic updates where this function is enabled in your device settings. These updates may be required to ensure security, performance, or continued compatibility.

App store notices

If you access or download our App, Ruckus, through an app marketplace such as the Apple App Store or Google Play Store, the following additional terms apply and are incorporated into these Terms. You acknowledge that these Terms are between you and us only, not with Apple Inc. or Google LLC (each, a "Marketplace Provider", and collectively, the "Marketplace Providers"). You agree to comply with all applicable usage rules set forth in the Apple App Store Terms and Conditions and Google Play Store Terms and Conditions, as updated from time to time.

No Marketplace Provider has any obligation to provide maintenance or support services for our App. If our App fails to conform to any applicable warranty, you may notify the relevant Marketplace Provider, and they may refund the purchase price (if any) for our App to you. To the maximum extent permitted by applicable law, no Marketplace Provider will have any other warranty obligation whatsoever with respect to our App.

We, not any Marketplace Provider, are solely responsible for: (a) our App and its content; (b) any product warranties (to the extent not effectively disclaimed); (c) addressing any claims relating to our App or your use of it, including but not limited to product liability claims, legal or regulatory compliance claims, and claims arising under consumer protection, privacy, or similar legislation; (d) investigating, defending, settling, and discharging any third-party intellectual property infringement claims; and (e) providing maintenance and support services.

Each Marketplace Provider and its subsidiaries are third-party beneficiaries of these Terms and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as third-party beneficiaries.

You represent and warrant that: (a) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

You acknowledge that app marketplaces may collect data about your usage under their own privacy policies and may share certain data with us. Our use of any data received from app marketplaces is governed by our Privacy Policy.

Beta versions and experimental features

We may, at our discretion, grant you access to experimental features, pre-release functionality, or developmental tools that have not been released to our general customer base ("Experimental Features"). Such Experimental Features are provided on a provisional basis for evaluation and assessment purposes only.

By accessing Experimental Features, you acknowledge that Experimental Features constitute our proprietary and confidential information, and you agree to maintain reasonable confidentiality regarding any aspects of these features, including their existence, capabilities, performance characteristics, and any related documentation.

We reserve the right to withdraw, modify, suspend, or discontinue your access to any Experimental Features without prior notice or obligation. You further acknowledge that we make no commitment to incorporate any Experimental Features into our commercially available Services and provide no assurances, express or implied, regarding their reliability, availability, performance, or future availability.

Data processing

By accessing our Services, you acknowledge our collection and analysis of usage metrics, service interaction patterns, and operational data across our user base in accordance with our Privacy Policy and applicable data protection laws. We may aggregate and anonymize this information for analytical purposes, research, and product development. All such aggregated and anonymized data, once processed to remove identifying characteristics, becomes our proprietary information and may be utilized, disclosed, or published at our discretion. This aggregated data will not include information that could reasonably identify you as an individual user. We do not use the contents of your family's photos, videos, or voice stories for advertising.

Intellectual property

We retain sole ownership of all intellectual property ("IP") rights in and to our Services, our Materials, and any proprietary rights inherent in and to our Services. These rights are protected by international intellectual property laws and treaties and apply worldwide.

Nothing in these Terms shall be interpreted as transferring to you any rights, interest, or title in our company or Services, except as explicitly stated in these Terms. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services solely for your personal or internal business purposes. All rights not expressly granted to you are reserved by Bitshouse LLC and its licensors.

Use of our brand and materials

If you publicly publish or distribute materials generated by or exported from our Services, you must include reasonable attribution to us, such as a visible credit or link to our website, unless we provide specific attribution guidelines, in which case those guidelines apply.

You may refer to our company name and brand in a factual and truthful manner. You must not use our name, logo, trademarks, or other brand assets in any way that implies endorsement, sponsorship, or affiliation with us without our prior written consent.

Copyright infringement notice

We respect the intellectual property rights of others, and we ask that everyone using our Services does the same. If you believe that your work has been reproduced on our Services in a way that constitutes copyright infringement, you may notify us using the process outlined below.

If your claim relates to content posted by another user on our Services, you may wish to contact them directly before submitting a formal claim. It may be a simple misunderstanding that can be resolved without formal legal process.

Please be aware that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages. If you're unsure whether your claim is valid, we recommend that you seek legal advice before proceeding.

To submit a claim, please provide us with the following information:

• a signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Designated copyright agent

Please send all copyright infringement notices to our Copyright Manager at dmca@joinruckus.com, or by mail to 6650 Rivers Ave., Ste 100, Charleston, SC 29406, US.

Counter-notification

If you believe that content you posted was removed or disabled as a result of a mistake or misidentification, you may send us a counter-notification containing the following information:

• your physical or electronic signature;
• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
• your name, address, telephone number, and email address;
• and a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if in a jurisdiction outside of the United States of America, the judicial district in which our company is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

Upon receipt of a valid counter-notification, we will restore the removed content within 10 to 14 business days, unless the copyright owner files an action seeking a court order against the content provider. We reserve the right to remove content that violates these Terms regardless of any counter-notification.

User-generated content

"User-Generated Content" refers to any content, materials, information, feedback, ideas, suggestions, feature requests, reviews, or communications that you submit, post, upload, share, or otherwise provide to us or through our Services, whether publicly or privately.

By submitting User-Generated Content to us or through our Services, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy. In practice, this means hosting your family's memories and delivering them to the people you invite. This also includes the right to use feedback, ideas, suggestions, and feature requests to develop, improve, and promote our Services without any obligation or compensation to you.

You retain your intellectual property ownership rights over your User-Generated Content. By submitting User-Generated Content, you represent and warrant that you own or have the necessary rights, licenses, and permissions to grant the license above, and that your content does not infringe, misappropriate, or violate the rights of any third party.

We reserve the right to review, edit, refuse, or remove any User-Generated Content at our sole discretion and without notice.

Content published on our platform

Where you use our Services to publish content on our website or platform, the license you grant us for that content can be terminated at any time by deleting it. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or sponsored content has been discontinued by us.

Accuracy of materials

We aim to ensure that all information found on our Services is accurate and up to date. However, occasional errors, inaccuracies, or omissions may occur. We reserve the right to correct such errors and update information at any time. We do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

App presentation

We make reasonable efforts to ensure that feature descriptions, screenshots, and other representations of our App are accurate at the time of publication, both on our Services and in app marketplace listings. However, as our App is subject to ongoing updates and improvements, certain features, interfaces, or functionality may change over time and may differ from published descriptions or store listings. We are not responsible for any descriptions or representations made by third-party app stores that are outside our control.

Feature availability

Feature listings on our Services reflect current availability at the time of publication. We make reasonable efforts to remove or update feature listings that are no longer available, but occasional discrepancies may occur. The display of a feature does not constitute a guarantee of ongoing availability.

Review guidelines

We value and encourage authentic reviews, but before you leave a review on our Services, please ensure you do not post content that violates our Terms or the review guidelines laid out below. When leaving a review on our Services:

• Only submit a review if you have used our Services.
• Only share honest feedback that is based on your own personal experience.
• Do not make deceptive or inaccurate claims, or make false representations.
• Do not include fraudulent, misleading, abusive, or defamatory content.
• Do not share full names, URLs, phone numbers, email addresses, physical addresses, or other forms of contact information.

Non-compliant reviews

If a review violates these Terms or our review guidelines, we may remove it. Users who repeatedly break these rules may lose their ability to leave reviews, and we may take additional action if necessary. Please report any non-compliant reviews using the contact details at the base of these Terms.

Artificial intelligence (AI) policy

From time to time, our team may use artificial intelligence ("AI") to support the provision, improvement, or operation of our Services — for example, content generation. Where we do so, we process data and deploy such systems in accordance with applicable laws and regulatory requirements. By using our Services, you acknowledge and agree to our use of AI.

Our commitment to the responsible use of AI

When AI is involved, we put humans in charge of the important decisions. We protect the information that flows through our systems and regularly check our tools for errors, bias, or unintended side effects. We do not, and will not, use AI technologies for:

• any purpose that violates applicable laws or regulations;
• any use that poses an unacceptable or disproportionate risk to the rights or safety of any natural person;
• social scoring or influencing behavior in harmful or exploitative ways;
• real-time biometric identification in publicly accessible spaces for surveillance, except where expressly permitted by applicable law for legitimate public safety purposes;
• emotion recognition or biometric categorization in employment, education, or any other context where such use could result in discrimination or unfair treatment, unless expressly permitted by applicable law;
• systems intended to deceive or manipulate individuals through subconscious techniques or by exploiting age, disability, or other vulnerabilities;
• or any application that infringes upon your fundamental human rights, dignity, or freedoms as recognized by international standards.

Accessibility statement

We are committed to ensuring that our Services are accessible to everyone. This includes making an active and ongoing effort to remove accessibility barriers from our Services and to maintaining our compliance with global accessibility standards and regulations. To guide us in making our Services more inclusive and accessible, we follow the Web Content Accessibility Guidelines (WCAG 2.2) level A, with which we strive to comply as best as possible.

As our Services evolve, new content or updates may unintentionally introduce accessibility issues that we are not yet aware of. We actively monitor our Services to identify and resolve such issues. If you encounter an accessibility barrier, please let us know using the contact details at the base of these Terms.

How to send us accessibility feedback

Please send all accessibility feedback to our team using the contact details at the base of these Terms. You can share a description of the accessibility barrier you encountered, the specific webpage or URL where it happened, details about your device and any assistive technology you're using (if relevant), and anything else you think might help us understand and fix the problem. We will respond to you as quickly as possible.

Links

We may provide links to third-party websites, applications, or resources ("Linked Sites") for your convenience. However, we don't control, review, monitor, or endorse these Linked Sites or their content, and we can't make any promises about their availability, accuracy, reliability, or suitability. When you access and use Linked Sites, you're doing so at your own risk, and we won't be responsible for any damages or losses that arise from your use of or reliance on any Linked Site.

We reserve the right to remove or disable links to any Linked Site at any time without notice or liability. When you access any Linked Site, you acknowledge that you're leaving our platform and that different terms of use and privacy policies may apply.

Events outside our control (force majeure)

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by circumstances outside our reasonable control ("Force Majeure Events"). Force Majeure Events include, but are not limited to, acts of God, natural disasters, internet outages, cyberattacks, strikes, and failures of third-party services.

Upon the occurrence of a Force Majeure Event, we will use commercially reasonable efforts to promptly notify you through any reasonable means about the nature of the event and its expected impact on our Services, to the extent practicable under the circumstances.

Disclaimer of warranties

Our Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, we make no warranties or representations of any kind, express or implied, and we disclaim all implied warranties and conditions, including without limitation any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade.

Without limiting the foregoing, we do not warrant that our Services will be uninterrupted, error-free, timely, secure, free of viruses or other harmful components, or that any defects will be corrected; that the Services will meet your requirements or expectations; or that any information or content available through the Services is accurate, complete, or reliable.

Limitation of liability

The following limitations apply to the maximum extent permitted by applicable law. Where any limitation is partially or wholly unenforceable, it applies to the maximum extent that is enforceable.

In no event will we, our affiliates, suppliers, licensors, agents, officers, directors, or employees be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, opportunity, savings, reputation, use, or data, arising out of or in connection with these Terms or your use of (or inability to use) our Services, regardless of whether the claim is brought in contract, tort (including negligence), breach of statutory duty, indemnity, equity, or otherwise, and even if we have been advised of the possibility of such damages.

Our total aggregate liability to you arising out of or in connection with these Terms or your use of our Services, regardless of the cause of action, will not exceed the greater of (a) the total amounts paid by you to us in the 12 months preceding the event giving rise to the claim, or (b) US $100.

Any claim or cause of action arising out of or relating to these Terms or your use of our Services must be commenced within one year after the claim or cause of action accrues. Otherwise, the claim or cause of action is permanently barred. Where applicable law does not permit this limitation, this clause does not apply to you.

Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded under applicable law. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, some of the above limitations may not apply to you in their entirety, and our liability is limited to the maximum extent permitted by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless Bitshouse LLC, our affiliates, and our respective officers, directors, employees, agents, licensors, suppliers, successors, and assigns ("Indemnified Parties") from all claims, losses, damages, penalties, fines, costs, and expenses (including reasonable legal fees and costs) arising out of or related to:

• your access to or use of our Services, including content, services, or features provided therein;
• your breach or alleged breach of these Terms or any applicable laws, regulations, or regulatory requirements;
• your violation or alleged violation of any third-party rights, including without limitation intellectual property rights, privacy rights, publicity rights, or contractual rights;
• your negligence, gross negligence, willful misconduct, fraud, or fraudulent misrepresentation;
• any disputes, issues, or claims between you and any third party arising from your use of our Services;
• any transactions or relationships between you and any third parties in connection with our Services;
• any User-Generated Content, data, information, or Materials you submit, post, transmit, make available through, or otherwise interact with via our Services;
• and any security breaches, unauthorized access, or data incidents resulting from your actions or omissions.

You will cooperate promptly and fully in the defense of any such claim at your own expense. We reserve the right, at our sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you. You may not settle, compromise, or make any admission of liability in connection with any claim subject to this indemnification without our prior written consent.

To the extent permitted by applicable law, this indemnification obligation (a) survives the termination or expiration of these Terms or your use of our Services, and (b) is independent of any other rights or remedies available to the Indemnified Parties. In jurisdictions where such indemnification provisions are limited or unenforceable, this section applies only to the maximum extent permitted by law and does not affect any non-excludable statutory rights you may have.

Dispute resolution

By accepting these Terms, you agree that any disputes, claims, or issues related to these Terms, our Services, or your use of them (collectively, "Disputes") will be governed by the laws of the United States of America and the State of South Carolina, without regard to conflict of law principles, and resolved in accordance with this section.

Before commencing litigation, you must first provide written notice of the Dispute to us using the contact details at the base of these Terms, including a detailed description of the nature of the Dispute and the relief sought. We will attempt to resolve the Dispute informally through negotiation within 30 days from the date of your written notice. If the Dispute cannot be resolved within this period, either party may proceed with litigation.

Injunctive relief

Notwithstanding the other terms in this section, we have the right to seek injunctive relief against any unauthorized use or abuse of our Services, unauthorized disclosure of confidential information, or intellectual property infringement, and the right to pursue an enforcement action without first engaging in the dispute resolution process described in this section.

Individual disputes only

To the extent permitted by applicable law, you agree to resolve any and all Disputes on an individual basis and not as part of a class, representative, or consolidated action.

Miscellaneous

Severability

If any provision of these Terms is found by a court or competent authority to be invalid, unlawful, or unenforceable, that provision shall be deemed removed to the extent necessary, and the remaining provisions shall remain in full force and effect. If the removal of a provision materially affects the balance of rights and obligations under these Terms, we may amend the affected provision to the extent necessary to make it lawful, while preserving its original purpose as closely as possible.

Waiver

No waiver of any breach, default, or right under these Terms shall be effective unless expressly made in writing and signed by an authorized representative of the waiving party. Our failure or delay in exercising any right or remedy under these Terms shall not operate as a waiver, impair future rights to strict performance, or affect any other available rights or remedies.

Entire agreement

These Terms, together with our Privacy Policy and any mandatory pre-contractual information, form the agreement between you and us regarding our Services. They replace any prior discussions or communications relating to the same subject matter. Nothing in these Terms limits or excludes any rights you have under applicable consumer protection, unfair commercial practices, or data protection laws.

Notices

You may contact us at any time using the contact details at the base of these Terms. Where these Terms require notice in writing, email is sufficient unless mandatory law requires another method. A notice is considered received when it is sent, provided there is no indication that delivery has failed. We may send notices to you using the email address associated with your Account or any other contact details you have provided. You are responsible for keeping your contact information accurate and up to date.

Assignment

You may not transfer your rights or obligations under these Terms to another person without our prior written consent, unless such transfer is permitted by applicable law. We may transfer our rights and obligations under these Terms to another company, including in connection with a merger, acquisition, corporate reorganization, or sale of assets. If we do so, we will ensure that your rights under these Terms are not reduced as a result of the transfer.

Interpretation

In these Terms, "including" means "including but not limited to." The authoritative version of these Terms is the original English (US) version, which shall prevail over any translation in the event of a conflict. Headings in these Terms are for convenience only and do not affect the interpretation of any provision.

Survival

Any provision of these Terms that by its nature or express terms should survive the expiration or termination of these Terms will survive, including any accrued rights and obligations.

Contact information

Please direct all communications regarding these Terms to Zac Coleman at zac@joinruckus.com. Ruckus is operated by Bitshouse LLC.