The following Terms and Conditions (“Terms and Conditions”) govern the contractual relationship between you and Ruby Card, Inc. (“Ruby Card” or “Ruby”) and are provided to offer guidance regarding your access to, and use of, our website at www.spendruby.com. In the case of any issues, problems, or concerns regarding the use of our website, these Terms and Conditions are controlling. If you have any questions, please contact us at support@spendruby.com.
By registering as a Ruby Card user and by submitting an application for the opening of an online account and issuance of a virtual Ruby Card, you (the “User” or "Cardholder") accept the following Terms and Conditions for the use of a virtual Ruby Card and the online account.
Upon registration, the User will be asked to agree to the Terms and Conditions. The Terms and Conditions shall apply to any use of the services of Ruby and use of the virtual Ruby Card (the “Services”).
We may not make our Services available in all jurisdictions and may restrict or prohibit use of the Services from certain states or jurisdictions. If you are registering to use the Services you represent and warrant that:
you are of legal age, at least eighteen (18) years old, and eligible to form a binding contract,
you have not previously been suspended or removed from using our Services,
you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; and
you are a resident of one of the 50 states of the United States with a mailing address of the same state.
Due to the nature of the internet, we cannot guarantee that your access to your virtual Ruby Card will be uninterrupted, timely or error-free. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions which may cause temporary interruptions. Access to your virtual Ruby Card may be suspended or withdrawn either temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of your virtual Ruby Card and if we impose restrictions on your personal access, you must not attempt to use the Services under any other name or user or on any other mobile device. Likewise, we cannot guarantee that your virtual Ruby Card will be compatible with all your hardware and software and we cannot be liable for any damage to, or viruses or other code that may affect, any hardware, software, data or devices that you use to access your virtual Ruby Card.
Ruby accepts no liability for any disruption or non-availability of the Services resulting from external causes including, but not limited to: ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
You may not use your virtual Ruby Card in a way that disrupts, interferes with or restricts the use by other users. We reserve the right to terminate unauthorized accounts or accounts created which are not eligible for Ruby.
Using some aspects of our Services, requires you to register with us and to open an account. At the time of registration, you agree to provide us with the personal and other information that are necessary to offer you our Services. This information must be true, accurate, complete and kept up to date, and may include but is not limited to, the following: your name, date of birth, social security number, physical address, email address, mobile number, Know Your Customer (KYC)/Electronic-Know Your Customer (E-KYC), compliance or banking details and identification documents.
You should note that a failure to provide true, accurate, complete and up to date details may force us to end the relationship with you and to immediately terminate the Services offered to you. Also, you acknowledge and agree that you are responsible for all activity on your account, whether or not you authorize it.
You must not select or use the virtual Ruby Card of another person with the intent to impersonate that person or use the virtual Ruby Card of another person without having their express authorization. Please note that in any such case we reserve the right to refuse a registration or to cancel the virtual Ruby Card at our discretion.
You acknowledge and agree that, unless otherwise required by applicable law, we are not be liable to make any compensation, monetary or otherwise, following such suspension, termination or inability to use our Services. You are responsible for any fees that Ruby incurs with respect to your account as a result of any of the foregoing.
You hereby authorize us, or a third-party service provider, to take any measures that we consider necessary to verify and authenticate your identity, confirm the information you submit about your bank account, and to take any action we deem necessary based on the results.
You acknowledge and agree that Ruby Card is a financial technology company and not a bank and that your virtual Ruby Card and our Services do not qualify as financial instruments, nor does your virtual Ruby Card incur any interest on any funds you keep in your account.
To use our Services you must deposit funds into your virtual Ruby Card. You may be required to verify that you have the right to make such a transaction or the ownership of the external account. You may be charged a fee by Ruby to fund your account in some scenarios and any such amount will be provided to you on screen before carrying out any such transaction. You acknowledge and agree that, unless otherwise required by applicable law, Ruby is not responsible and cannot be held liable for any fees occurring or from the management of your linked external account. Ruby makes no guarantee regarding the amount of time it may take to deposit funds into your virtual Ruby Card.
In order to access your account, you will be required to provide your username or email address and password and must follow our two-way authentication process. It is your responsibility to create a strong password and to protect your login details and to restrict access to your account. You must notify Ruby immediately if the security of your account has been compromised and you acknowledge and agree that, to the maximum extent permitted by law, Ruby does not assume any responsibility for the safety of your account, nor can it be held liable for security breaches and activities that occur under your Account, nor can it accept any risks deriving from authorized or unauthorized access or fraudulent entry to your account.
Please note that Ruby will never ask you to disclose your account password. Please do not follow or open any embedded links in an email that require you to disclose any confidential information. Ruby will never share your account password.
Your account is a business account that holds your deposited money. This account is not held or maintained primarily for personal, family, or household reasons. Use cases for this account may include a limited liability company (LLC), a partnership, a corporation, or an individual operating as a sole proprietor.
If you or someone else deposits money, a successful deposit will result in an equivalent value of that money to your account. We will store the money in your account and other parties may accept it as payment. When you make payments to external accounts via a virtual Ruby Card, the money is redeemed at its nominal value.
Upon request you may withdraw some or all of your funds. Please note that money transferred from your Ruby Account to the receiving account must be owned by you. Any withdrawal may take up to thirty (30) days to complete depending on your financial institution.
Upon request you may close your account with Ruby. You must also withdraw all money following the forgoing instructions and your account will be closed within 30 days of your request. Closing your Account will not affect any rights and obligations incurred prior to the date of account closure.
We may terminate and/or suspend your Ruby account immediately, without notice, if there has been a violation of these Terms and Conditions and/or other policies and terms posted on the “Website” by you or by someone using your credentials.
We may also cancel or suspend your Ruby account for any other reason, including inactivity for an extended period or if you fail to submit or provide untrue or falsified information relating to your background or any other information you may be required to provide under regulatory obligations or when requested.
We are not responsible for any loss of value in your account, if your account has been closed, terminated or suspended as a result of a breach of these Terms and Conditions.
You agree that if your virtual Ruby Card is closed, suspended, or terminated by us, you will not attempt to regain access to our Services. If we terminate your account, we will return the assets in your account to you and may deduct any amounts to which we are entitled to. Also, by accepting these Terms and Conditions you authorize us to return the relevant funds to your linked external account.
All Users must refrain from the following:
any fraudulent act or attempt to engage in any defrauding or deceiving conduct;
any fabricated transactions without the intention to carry out the transaction;
any deliberate or manipulative conduct; d) any misrepresentation or misstatement;
any measure or act with the intention to interfere with, disturb, disrupt or disrepute our Services;
any activity that may amount to money laundering or terrorist financing;
any activity that may amount to criminal or prohibited conduct, bullying or harassment.
If we suspect that you have violated any of those rules, and your account is not terminated immediately, you may be given written notice and we may temporarily suspend your account. You may be given 15 days' notice to rebut any such allegations in writing explaining why such action would be inappropriate. We reserve the right to terminate your account should you fail to respond to such notice or if your submission fails to address the alleged conduct in a suitable manner. We may also share the circumstances and information regarding the allegations with our legal department and/or law enforcement agencies.
It is your responsibility to determine the taxability of any transactions you complete by using our Services. Also, you must report and remit the correct tax to the appropriate taxing authority. You acknowledge and agree that Ruby is not liable for your omission to determine whether taxes apply and/or to report or pay the relevant taxes arising from any trades or User activity.
You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms and Conditions.
You agree to pay the fees for any transfers and actions completed through our Services as provided in our Fee Schedule. You acknowledge and agree that such fees may change from time to time and will become effective as of the effective date indicated in the revised Fee Schedule. You authorize Ruby to charge or deduct from your virtual Ruby account any applicable fees owed as a result of the use of our Services.
Some Services may require payment of subscription fees and/or other ad-hoc or ancillary fees before you can access or use them. These fees will be notified to you through our Ruby's Fee Schedule which will be located in the subscription tab of your Account.
If you purchase a recurring subscription from us, the subscription period for your account shall be renewed automatically at the expiration of each subscription period, until terminated successfully through our Platform. By purchasing a recurring subscription, you authorize us to automatically charge the fees:
upon the commencement of your first subscription period,
upon expiration of any applicable trial period or at a date otherwise indicated by us; and
on the renewal date of the subscription period thereafter, without any further action by you.
Any fees due in relation to your account must be paid by their due date for payment, as notified to you through our Platform or otherwise. Failure to make timely payment of the fees may result in the suspension or termination of your access to your account and/or our Platform or any of the Services.
Our fees may be amended from time to time at our discretion. We will provide you reasonable advance written notice of any amendment of recurring fees. Your continued use any of the Services will constitute acceptance of the amended fees.
All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment methods. We shall not be liable for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or providing any reason.
We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever. Unless otherwise notified in writing by us, termination of your Account for any reason whatsoever shall not entitle you to any refund of applicable fees. If you cancel your subscription to our Platform, you may continue to access your account until the expiration of the subscription period in which the cancellation occurred.
We may at our sole and absolute discretion, offer a refund of fees for a particular subscription period where no actions have been taken with respect to your account during that subscription period and you have notified us in writing of your intention to terminate your subscription on or before three (3) days of the due date for payment for that subscription period.
All Content included on the Services, unless uploaded by Users, including, but not limited to: text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Ruby, our affiliates or other relevant third-parties. By continuing to use the Services you acknowledge that such material is protected by applicable United States and international intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Services unless otherwise indicated on the Services or unless given express written permission to do so by Ruby.
Material from the Services may be re-used without written permission where any of the exceptions detailed in United States and international intellectual property and other relevant laws apply.
For the purposes of applicable data protection legislation, Ruby will process any personal data you have provided to it in accordance with the Privacy Policy available on the Ruby Application or on request from Ruby. You agree that, if you have provided Ruby with personal data relating to a third-:party
you have obtained all necessary and appropriate consents or notices to enable lawful transfer of such personal data to Ruby and
that you have brought to the attention of any such third-party the Privacy Notice available on the Ruby's Application or otherwise provided a copy of it to the third-party.
You agree to indemnify Ruby in relation to any and all liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements. You acknowledge and agree that Ruby is not responsible for the intentional or criminal acts of third-parties such as hackers or “phishers.”
The Ruby website www.spendruby.com (our “Website”) uses cookies to distinguish you from other users of our website. This cookie policy set out information on how Ruby. (“we” or “us”) uses cookies and similar technology on our website.
By accessing our website, account holders, users and visitors of our website (each, “you”) agree that we can place cookies on your device on the terms and conditions of this cookie policy.
Cookies are text files containing small amounts of information which are downloaded to your device when you visit our website. They allow us to recognize your device and track its usage on our website.
Our website uses cookies for the purpose of distinguishing you from other users of our website by storing, generally non-personally identifiable, information (for example, session information such as the number of times you visit our website and the location from which you are accessing the Website).
Cookies also help us to provide you with a good experience when you browse our website and allows us to improve our website. This includes more efficient navigation between pages, remembering your preferences and general improvement of the user experience.
Cookies will generally not allow us to obtain personal data regarding you, such as your name or address. Where we collect personal data about you when we use cookies or any similar technology, we shall only do so in compliance with our Privacy Policy. You may refer to our Privacy Policy on how we treat personal data that we have collected.
We use both first party cookies, which are issued from our website's own domain, and third-party cookies, which belong to and are managed by other parties, such as our partners or service providers.
The cookies used on our website can be divided into two categories:
Session cookies: These are temporary cookies that will be deleted from your device once you close your browser. They are used to remember your device as you move within our website.
Persistent cookies: These are longer-lasting cookies that remain on your device even after you close your browser. They are used to recognize your device each time you use our website and to remember your preferences.
If you want to remove existing cookies from your device or if you want to block future cookies being placed on your device, you can do this via your browser settings.
Please bear in mind that deleting and blocking cookies will have an impact on your user experience as parts of our website may no longer work.
Please also note that, unless you have adjusted your browser settings to block cookies, our system will issue cookies as soon as you visit our website or click on a link in a targeted email that we have sent you, even if you have previously deleted our cookies.
Any changes we may make to our cookie policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.
Ruby makes no warranty or representation that the Services will meet your requirements, that they will be of satisfactory quality, that they will be fit for a particular purpose, that they will not infringe the rights of third parties, that they will be compatible with all systems, that they will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
No part of this Application is intended to constitute advice and the content of this Application should not be relied upon when making any decisions or taking any action of any kind.
To the maximum extent permitted by law, Ruby accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Services or any information contained therein. Users should be aware that they use the Services and its content at their own risk.
Nothing in these Terms and Conditions excludes or restricts Ruby's liability resulting from any negligence or fraud on the part of Ruby. You agree we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms and Conditions (including but not limited to the use of, or inability to use, the Services, our Platform or any other website or software) for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss or corruption of data or information;
loss of business opportunity, goodwill or reputation; or
any other indirect or consequential loss or damage.
Every effort has been made to ensure that these Terms and Conditions are compliant with applicable law. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.
To the maximum extent permitted by applicable law, in no event shall the aggregate liability of Ruby (including our directors, members, employees and agents), whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of, or inability to use, Ruby's Platform or any of the Services, exceed the fees paid by you to Ruby during the 12 months immediately preceding the date of any claim giving rise to such liability.
You agree to indemnify and hold harmless Ruby (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to:
your use of, or conduct in connection with, our Services;
any Information you provide;
your violation of these Terms and Conditions; or
your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
Except as expressly provided to the contrary in a writing by us, our Services are provided on an "as is" and "as available" basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to our Services, including the information, content and materials contained therein.
You acknowledge and agree that information you store or transfer through our Services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third-party providers, internet outages, force majeure events or other disasters including third-party attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our Services.
If we are unable to resolve a dispute through informal negotiations, you acknowledge and agree that the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Commercial Related Disputes ("AAA Commercial Rules"), both of which are available at the AAA Website www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Commercial Rules and, where appropriate, limited by the AAA Commercial Rules.
The arbitration will be held in the United States county where you live or work, New York, New York, or any other location we agree to. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party.
The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so, except where otherwise required by the applicable AAA rules or applicable law. By agreeing to open an account with us, to use Ruby's Platform or any of the Services, you acknowledge and agree that any dispute will be finally and exclusively resolved between you and Ruby by binding arbitration and that you forego your right to sue in court and have a jury trial.
The parties agree that:
no arbitration proceeding hereunder whether a business dispute shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated, and
no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. The parties agree to arbitrate a business dispute on an individual basis, and each waives the right to participate in a class action.
Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to this agreement or the transactions contemplated hereby.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
We agree that if we make any material changes to these Terms and Conditions, we will send you an email or written notification regarding the changes and include an updated version of this agreement on our website.
It is your responsibility to review this website and these Terms and Conditions on a regular basis. If you object to any such changes, your sole recourse will be to stop using our website and to close your account.
If you have any complaints or want to report abuse or have concerns about how we are processing your information, please contact us, as provided further below.
You authorize us to deliver, and you agree to accept, all required regulatory notices and disclosures via electronic mail, as well as all other correspondence from us. Information and documents provided by us can include, but are not necessarily limited to: updates and offers, account reports prepared by us, our Privacy Policy and written communications, etc.. You acknowledge and agree that Ruby may assign this agreement without your consent. We shall have completed all delivery requirements upon the forwarding of such document, disclosure, notice and/or correspondence to your last provided email address.
If any part of these Terms and Conditions is unlawful, void or determined to be unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
These Terms of Services are not assignable, transferable or sub-licensable by you except with our prior written consent and any such attempted assignment, transfer, or sub-license shall be void. You may not transfer, lease, assign or sell your account to a third-party and you may not grant any person access to your Account.
Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
These Terms and Conditions and any additional guidelines and rules are hereby incorporated by reference and apply to your access to and use of your virtual Ruby Card. This includes our Privacy Policy, Anti-Money Laundering (AML) Policy, KYC Policy and our Cardholder Agreement.
These Terms and Conditions and the relationship between you and Ruby shall be governed by and construed in accordance with the laws of the United States. You agree to submit to the exclusive jurisdiction of the courts of Delaware in the event of any dispute regarding these Terms and Conditions and you acknowledge that Minnesota law applies to our Cardholder Agreement.
If you have any questions, complaints, or claims with respect to the Services or anything contained in these Terms and Conditions, please contact us at: support@spendruby.com