Terms of Service

RipIQ Terms of Service

Last Revised: September 9, 2026

1. ACCEPTANCE OF TERMS

RipIQ, Inc., a Delaware corporation (“RipIQ”) provides technology-enabled services, including the Software as a Service offering branded as Bite Intel providing ocean intelligence for offshore anglers, the website https://www.ripiq.com, any Mobile Apps (as defined below), and other related software, content, and services, including all versions and upgrades thereto (collectively, the “Services”).  Your use of the Services is subject to and governed by the terms and conditions in this Terms of Service (“TOS”). RipIQ may, at its discretion, update this TOS at any time. You can access and review the most current version of this TOS at the URL for this page or by clicking on the “Terms of Service” link within the Services, or as otherwise made available by RipIQ.

PLEASE REVIEW THIS TOS CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS TOS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS TOS, YOU MAY NOT ACCESS OR USE THE SERVICES.THIS TOS REQUIRES FINAL AND BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THIS TOS, OR YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THIS TOS, AND YOU AGREE THAT ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 15 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.

You represent and warrant that you: (a) have the right, authority, and capacity to agree to and abide by this TOS; and (b) are not a person barred from using the Services under the laws of any applicable jurisdiction. THE SERVICES ARE NOT INTENDED FOR USERS UNDER THE AGE OF 18, AND SUCH USERS ARE EXPRESSLY PROHIBITED FROM SUBMITTING ANY PERSONAL DATA OR USING ANY ASPECT OF THE SERVICES, AND BY TAKING SUCH ACTIONS YOU AGREE, REPRESENT, AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER.  

2. RIGHTS

(a) Grant. Subject to and conditioned on your compliance with this TOS, RipIQ hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services for your own use, whether personal or commercial (for your internal business use in connection with the operation of charter fishing, guide, or other commercial vessel services). A paid subscription covers the subscriber’s own use of the Services. Each individual who uses the Services must do so under credentials issued to and used by that individual; if you permit others (such as your employed or contracted captains and crew) to use the Services under sub-accounts associated with your account (each, a “Permitted User”), you remain responsible for each Permitted User’s compliance with this TOS and for any act or omission of a Permitted User that would breach this TOS if taken by you. Neither you nor any Permitted User may resell, sublicense, redistribute, or otherwise make the Services or any output of the Services available to passengers, clients, or other third parties as a standalone product, service, or data feed. Your access to and use of the Services must further comply in all material respects with all usage guidelines posted by RipIQ.

(b) Mobile Apps. RipIQ may make available mobile software applications for access to and use of certain components of the Services (collectively, “Mobile Apps”). Your access to and use of Mobile Apps is subject to and governed by this TOS. If any Mobile App is downloaded by you from the iTunes App Store (each, an “iOS Mobile App ”) or any other app store provider, your use of such iOS Mobile App or other app is further subject to your compliance in all material respects with the terms and conditions of the Usage Rules set forth in the iTunes App Store Terms of Service or other app store provider’s terms of service, as applicable. This TOS is between you and RipIQ only, and not with Apple Inc. (“Apple”) or any other app store provider (e.g., Google), and Apple or such other app store provider is not responsible for iOS Mobile Apps or such other Mobile Apps and the contents thereof; however, Apple and Apple’s (or such other app store provider and its) subsidiaries are third-party beneficiaries of this TOS with respect to iOS Mobile Apps or Mobile Apps, as applicable.

(c) Trademarks. You may not use RipIQ or any of its names, brands, trademarks, service marks and logos that RipIQ makes available on the Services (“Marks”). RipIQ claims trademark protection over all such Marks and you will not use the Marks except as expressly authorized herein. You will not remove or alter the Marks or any proprietary notices on the Services. The Marks may not be included in or as part of any registered corporate name, any other logo, or service or product name.  You may not create any derivative works of the Marks or use the Marks in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with RipIQ.  You will not otherwise use business names or logos in a manner that can mislead, confuse, or deceive any third party. All use of the Marks and all goodwill arising out of such use will inure to RipIQ’s benefit.

3. PRIVACY POLICY; COOKIES, PIXELS AND OTHER TRACKING TECHNOLOGIES (ADTECH)

(a) Privacy Policy. RipIQ may collect certain personal information from or about you when you use RipIQ’s Services or otherwise interact with us. The RipIQ Privacy Policy at https://www.ripiq.com/legal/privacy (as may be amended, the “Privacy Policy”) describes how RipIQ collects, uses, discloses, stores, shares, and processes personal information in connection with the Services.

(b) AdTech. RipIQ may use cookies, pixels, and other tracking technologies (“AdTech”) on its website and Mobile App. RipIQ uses AdTech to collect and perform data analytics, to record how you interact with the Services and RipIQ’s content, and to serve you targeted advertisements. By visiting and using RipIQ’s Services, you consent to RipIQ’s use of AdTech and understand and agree that RipIQ may share personal information collected through AdTech with its third party advertising and analytics partners.

For more information, please see the RipIQ Privacy Policy.

4. PROPRIETARY RIGHTS‍

(a) You grant RipIQ and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made all content (in any form and any medium, whether now known or later developed) that you provide in connection with the Services, subject to RipIQ’s data retention practices, if any. You acknowledge and agree that the technical processing and transmission of data associated with the Services, may require: (i) transmissions over various networks and across borders; and (ii) modifications to conform, connect, and adapt to technical requirements of networks or devices.

(b) The Services provided to you hereunder or available to you through the Services are licensed, not sold, and RipIQ retains and reserves all rights not expressly granted in this TOS. You acknowledge and agree that, as between you and RipIQ, RipIQ and its licensors own all rights, title and interest (including all intellectual property rights) in the Services and all data, content, and other materials within the Services. The Services are protected by U.S. and international copyright and other intellectual property laws and treaties. RipIQ reserves all rights not expressly granted to you in this TOS.

(c) You may not share your account or password with anyone, other than pursuant to authorized sub-accounts (such as a parent creating a sub-account for a child). You are fully responsible for all activities that occur under your account. You agree to notify RipIQ immediately of any unauthorized use of your account or password or any other similar breach of security. If your account remains inactive for six (6) months or longer, RipIQ reserves the right to suspend or terminate your account, with or without notice to you, and delete your content all without liability.

5. USER CONDUCT AND RESTRICTIONS‍

(a) In your use of the Services, you will not:

(i) use, reproduce, modify, adapt, create derivative works from, sublicense, publicly perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer or otherwise grant rights to the Services, except as expressly permitted under this TOS;

(ii) reverse engineer, disassemble, decompile, translate, or otherwise attempt to derive trade secrets, algorithms, or the source code, architectural framework, or data records, within or associated with the Services;

(iii) interfere with or disrupt the integrity or performance of the Services, including by disrupting the ability of any other person to use or enjoy the Services;

(iv) provide use of the Services on a service bureau, rental or managed services basis, provide or permit other individuals or entities to create Internet "links" to the Services or "frame" or "mirror" the Services on any other server, or wireless or Internet-based device;

(v) access the Services for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Services;

(vi) violate any applicable local, state, provincial, federal or international law or regulation, or use the Services for any illegal, unauthorized or otherwise improper purposes, including to store or transmit malicious code, or to store or transmit material in violation of third-party privacy rights;

(vii) remove or obscure any proprietary notice that appears within the Services;

(viii) impersonate any person or entity, including RipIQ personnel, or falsely state or otherwise misrepresent your affiliation with RipIQ, or any other entity or person;

(ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;

(x) take any action that imposes an unreasonable or disproportionately heavy load on the Services or its infrastructure;

(xi) use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Services; or download, reproduce, or archive any substantial portion of the Services; or

(xii) attempt to indirectly undertake any of the foregoing.

(b) You will not upload, post, email, store, transmit, or otherwise make available any content that:

(i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or otherwise objectionable;

(ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement);

(iii) infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party;

(iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages, or any other form of solicitation;

(v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;

(vi) contains infringing, libelous, or otherwise unlawful or tortious material; or

(vii) consists of information that you know or have reason to know is false or inaccurate.

(c) RipIQ’s failure to enforce any of these restrictions or guidelines shall not act as a waiver for any future enforcement, will not be considered a breach of this TOS by RipIQ, and does not create a private right of action for any other party.

(d) You may be able to upload personal information of other individuals, including recording crew members’ names and contact details, and photographs and videos of other individuals in connection with the Services. You represent and warrant that you have obtained any consents, or provided any notices, required under applicable law to disclose such information to RipIQ and for RipIQ to use it as necessary to provide the Services and for RipIQ’s legitimate business purposes.
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6. SUBSCRIPTION SERVICES; FEES; AUTOMATIC RENEWAL

Certain portions of the Services require a payment of fees for access and use (“Subscription Services”). Subscription Fee means the monthly, weekly or annual fee for the Subscription Services published on our website from time to time or otherwise communicated to you at the time you register for Subscription Services, which you will pay in accordance with this Section 6.  Except as stated in this Section 6 or as required by applicable law, Subscription Fees are non-refundable, and cancellation of a subscription takes effect at the end of the then-current billing period as described under “Automatic renewal and cancellation” below. RipIQ may also offer “Optional Services” that are billed in addition to the Subscription Fee either via flat rate, usage, or combination thereof. Electing to enable “Optional Services” will appear as additional line items on your invoices after a subscriber has agreed to the terms and conditions. RipIQ may change its Subscription Fees at any time, and any change to the fee charged on renewal will be made in accordance with the notice provisions under “Automatic renewal and cancellation” below. RipIQ may charge and/or retain Subscription Fees if you do not fulfill your contractual obligations under this TOS.  All fees are non-refundable, except where required by applicable law or in RipIQ’s sole discretion.

How we sell. Subscriptions are purchased on our website. Payments are processed by Stripe, Inc. (“Stripe”), which acts as the merchant of record for the transaction. The sale is made by Stripe under Stripe’s terms of sale, which you accept at checkout. Prices are stated in United States dollars and exclude sales tax, VAT, GST, or similar taxes, which are calculated and added at checkout based on your billing address, and Stripe may display and charge the equivalent amount in your local currency. Stripe will collect identifying information about you and the devices that connect to its services and uses this information to operate and improve the services it provides, including for fraud detection. You can learn more about Stripe and read its privacy policy at https://stripe.com/privacy.

Refunds. We do not offer refunds. RipIQ may, in its sole discretion or where required by applicable law, grant a refund. Because Stripe is the merchant of record, Stripe may also issue a refund under its own policies, including within 60 days of purchase, without RipIQ’s approval. If a purchase is refunded, the access it paid for ends.

Automatic renewal and cancellation. PLEASE NOTE: YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT SUBSCRIPTION FEE AT THE BEGINNING OF EACH RENEWAL PERIOD UNTIL YOU CANCEL. Before you are charged, and again in your order confirmation, RipIQ will present in a clear and conspicuous manner: (i) that the subscription continues until you cancel; (ii) the length of the renewal term (monthly, weekly, or annual) and the fact that renewal terms continue to recur; (iii) the Subscription Fee that will be charged on renewal (and, if the amount will change, the amount that will apply once known); (iv) the deadline by which you must cancel to avoid being charged for the next term; and (v) how to cancel, including the cancellation link described below. You must affirmatively consent to these automatic renewal terms, separately from any other terms, before your first charge, and RipIQ will send you an acknowledgment of the automatic renewal terms and cancellation policy in a form you can retain. If any material term of your subscription changes (including a price increase), RipIQ will provide you clear and conspicuous notice of the change and how to cancel at least seven (7) but not more than thirty (30) days before the change takes effect. For any subscription with a term of one year or longer, and for any subscription that converts from a free trial or promotional rate to a paid or full rate, RipIQ will send you a reminder notice of the renewal, the amount and timing of the charge, and how to cancel, in accordance with applicable law. You may cancel at any time, without any further steps, obligation, or retention offer being required of you, by using the “Cancel Subscription” link on your account page at https://www.ripiq.com (Account → Billing), by using the order-management tools Stripe provides, or by emailing support@ripiq.com; if you purchased the subscription online, you may cancel exclusively online by the same method. RipIQ will confirm your cancellation in writing. Unless applicable law or Section 6 requires otherwise, cancellation takes effect at the end of the current billing period, you keep access until then, and no partial-period refund is given. Region add-ons are billed on the same schedule as your base subscription; a region added part-way through a billing period is charged a prorated amount for the remainder of that period, and a region removed part-way through a period stays active until the period ends.

Promotion codes. A promotion code applies only to the product and billing period stated with the code, only to a customer’s first purchase unless the code says otherwise, and does not apply to region add-ons unless stated. A discount applies to the first billing period only, and renewals are charged at the full then-current Subscription Fee.

App Stores. RipIQ does not currently sell Subscription Services or other paid features through the Apple App Store (operated by Apple) or the Google Play Store (operated by Google LLC, “Google”) (each, an “App Store” and, together, the “App Stores”). If RipIQ does so in the future and you elect to purchase a Subscription Service or other paid feature through an App Store, your purchase will be processed by, and is subject to the payment terms, billing terms, refund and cancellation policies, auto-renewal practices, currency conversion, tax collection, and privacy practices of, the applicable App Store, and not RipIQ. Pricing, fees, and currency conversion offered through an App Store may differ from those displayed on RipIQ’s website. RipIQ does not control, and is not responsible or liable for, App Store payment processing, billing, refunds, chargebacks, fraud detection, account suspension, or related services. Any cancellation, refund, billing, or chargeback request relating to a purchase made through an App Store must be directed to the applicable App Store in accordance with its policies, and RipIQ shall have no liability with respect to such matters. The applicable App Store may collect identifying information about you and the devices that connect to its services and may use such information for its own purposes, including for payment processing and fraud detection. You are responsible for reviewing and complying with the applicable App Store’s terms of service, usage rules, and privacy policy before completing any purchase. You can learn more about Apple’s privacy practices at https://www.apple.com/legal/privacy/ and Google’s privacy practices at https://policies.google.com/privacy. The terms of the Mobile App Store Payments Addendum below shall further govern your purchases through the App Stores. 

 
7. FEEDBACK ‍

If you elect to provide or make available to RipIQ any suggestions, comments, ideas, improvements or other feedback relating to the Services (“Feedback”), RipIQ shall own and be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Feedback in any form and any medium (whether now known or later developed), without credit or compensation to you.

8. DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES

The Services may include or provide access to third party products, services, content, or offerings, including advertising for such (“Third Party Services”).  You acknowledge that different terms of use and privacy policies may apply to your use of such Third Party Services and that terms and policies are solely between you and the advertiser or other third party. You agree that RipIQ does not endorse and is not responsible or liable for any issues related to Third Party Services.

9. INDEMNIFICATION

You shall indemnify, defend and hold RipIQ and its affiliates, and each of their officers, directors, employees, agents, partners and licensors (collectively, “RipIQ Parties ”) harmless from and against all losses, damages, costs, liabilities, and expenses, including reasonable attorneys’ fees, to extent resulting from or arising out of any third party claim, demand, or action due to (a) content you provide to RipIQ; (b) your violation of this TOS, any law, regulation or payment network rule (including, without limitation, any law, regulation or payment network rule governing surcharging or similar fees), or any rights (including intellectual property rights) of another party; (c) your use of the Services, except as expressly permitted in this TOS; or (d) your interactions with any other user.

10. DISCLAIMER OF WARRANTIES

(a) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RIPIQ PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

(b) RIPIQ PARTIES MAKE NO WARRANTY, REPRESENTATION OR GUARANTESS THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE; OR (iii) THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, OR COMPLETE. RIPIQ PARTIES DO NOT GUARANTEE FISH PRESENCE OR CATCHING SUCCESS. RIPIQ IS NOT RESPONSIBLE FOR YOUR FISHING OUTCOMES.

(c) RIPIQ MAKES NOT WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO SERVICES OFFERED BY THIRD-PARTY SERVICE PROVIDERS AND RIPIQ SPECIFICALLY DISCLAIMS ANY WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO THE QUALITY, SAFETY, LEGALITY OR OTHER CHARACTERISTICS OF SUCH SERVICES AND THE CONDUCT OF ANY THIRD-PARTY SERVICE PROVIDER.

(d) ALL CONTENT MADE AVAILABLE THROUGH THE SERVICES IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL CONTENT BEFORE TAKING OR OMITTING ANY ACTION. IT IS NOT INTENDED AS PROFESSIONAL FISHING, NAVIGATION OR MARITIME ADVICE. RIPIQ BITE INTEL DOES NOT PROVIDE WEATHER, WAVE OR SEA STATE INFORMATION. ALWAYS CONSULT WITH LOCAL EXPERTS, CHARTER CAPTAINS OR MARITIME PROFESSIONALS. YOU ACKNOWLEDGE AND AGREE THAT OFFSHORE FISHING INVOLVES INHERENT RISKS, INCLUDING, BUT NOT LIMITED TO, WEATHER, EQUIPMENT FAILURE AND MARINE HAZARDS. YOU ASSUME ALL RISKS WHEN VENTURING OFFSHORE.

(e) THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED.  ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).

11. LIMITATION OF LIABILITY

(a) YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT, AND ANY CONTACT YOU HAVE WITH OTHER RIPIQ USERS OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU.  RIPIQ PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA OR GOODWILL, OR COST OF COVER, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS, EVEN IF RIPIQ PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL RIPIQ PARTIES’ TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THIS TOS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES OR CONTENT EXCEED THE AMOUNT PAID BY YOU TO RIPIQ FOR ACCESS TO THE SERVICES WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM(S) AROSE.

(b) THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW.  THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

12. USE OF ARTIFICIAL INTELLIGENCE

You acknowledge and agree that RipIQ may use artificial intelligence, machine learning, and other automated technologies (collectively, “AI Technologies”) in connection with the provision and delivery of the Services. Such AI Technologies may be used, without limitation, to analyze data, generate predictive intelligence, provide recommendations, and enhance the functionality and performance of the Services. You understand that AI Technologies may produce outputs that are probabilistic in nature and may not always be accurate, complete, or suitable for your specific circumstances. RipIQ does not guarantee the accuracy, reliability, or completeness of any output, recommendation, or prediction generated by AI Technologies. You are solely responsible for evaluating and verifying any information or output provided through the Services before making any decisions or taking any actions based thereon. Your continued use of the Services constitutes your acknowledgement and acceptance of RipIQ’s use of AI Technologies as described herein.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RIPIQ PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH RESPECT TO AI TECHNOLOGIES USED IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT OUTPUTS, RECOMMENDATIONS, OR PREDICTIONS GENERATED BY AI TECHNOLOGIES WILL BE ACCURATE, COMPLETE, RELIABLE, TIMELY, OR FIT FOR ANY PARTICULAR PURPOSE. RIPIQ PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, OR INJURIES ARISING FROM YOUR RELIANCE ON ANY OUTPUT, RECOMMENDATION, OR PREDICTION GENERATED BY AI TECHNOLOGIES. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF AI-GENERATED CONTENT AND AGREE THAT RIPIQ PARTIES SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DECISIONS OR ACTIONS YOU TAKE BASED ON SUCH CONTENT.

13. SUSPENSION AND TERMINATION
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(a) RipIQ may terminate this TOS at any time.

(b) If you violate this TOS, RipIQ may, with or without notice to you, immediately suspend or terminate your access and use of the Services.

(c) RipIQ reserves the right at any time to modify, suspend, or discontinue the Services (or any portion thereof) with or without notice, and RipIQ shall not be liable to you or any third party for any such modification or discontinuance;

(d) Upon termination of this TOS for any reason: (i) RipIQ, in its sole discretion, may remove and discard your content and information; (ii) you will immediate cease your use of the Services; and (iii) any provision that, by its terms, is intended to survive the expiration or termination of this TOS shall survive such expiration or termination.  Further, you agree that that RipIQ shall not be liable to you or any third party for any termination of your account or access to the Services.

14. GOVERNING LAW
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This TOS shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Texas, without regard to conflict of laws principles. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this TOS, regardless of the states in which the parties do business or are incorporated.

15. BINDING ARBITRATION AND CLASS ACTION WAIVER
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(a) ALL CLAIMS ARISING IN CONNECTION WITH THIS TOS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THIS TOS AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

(b) The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Austin, Texas or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

(c) WE EACH AGREE THAT ALL CLAIMS SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR OTHER SIMILAR PROCESS (INCLUDING ARBITRATION). IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN AUSTIN, TEXAS. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.

(d) Notwithstanding anything to the contrary, you and RipIQ may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect its intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 15.

(e) If RipIQ implements any material change to this Section 15, such change shall not apply to any Claim for which you provided written notice to RipIQ before the implementation of the change.

16. LEGAL COMPLIANCE
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You represent and warrant that you will comply with all applicable foreign, federal, state, and local laws, rules and regulations, as well as all rules and regulations of any payment networks, including without limitation, U.S. export laws and import and use laws of the country where the Services are accessed or used and you are not: (a) located in a country that is subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List.

17. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
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If you believe that your work has been made available through the Services in a way that constitutes copyright infringement, please provide RipIQ’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Services; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please contact RipIQ’s Agent for Notice of Copyright Claims. RipIQ’s Agent for Notice of Copyright Claims can be reached as follows:

Agent for Notice of Copyright Claims:
DMCA Agent

RipIQ, Inc.

1999 Bryan Street, Suite 900
Dallas, TX 75201

Email: dmca@ripiq.com

18. CALIFORNIA USERS & RESIDENTS

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

19. GENERAL PROVISIONS

This TOS constitutes the entire agreement between you and RipIQ concerning your access to and use of the Services. It supersedes all prior and contemporaneous oral or written negotiations and agreements between you and RipIQ with respect to such subject matter. In the event of any conflict between or among this TOS and any end user license agreement, privacy policy or usage guidelines to which this TOS refers, the terms and conditions of this TOS shall take precedence and govern.  This TOS may not be amended by you except in a writing executed by you and an authorized representative of RipIQ. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. For the purposes of this TOS, the words “such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation.” You may not assign or delegate any right or obligation under this TOS without the prior written consent of RipIQ. The failure of RipIQ to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of this TOS. Any prevention of or delay in performance by RipIQ hereunder due to labor disputes, acts of god, failure of the Internet, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.

Mobile App Store Payments Addendum

This Mobile App Store Payments Addendum (“App Store Addendum”) is entered into between RipIQ (the “Company”) and you (“you”). The App Store Addendum supplements RipIQ’s Terms of Service (“TOS”) and Privacy Policy (the “Privacy Policy”) and is subject to the definitions, terms, and conditions set forth in the TOS. Should there be any conflict between the TOS and this App Store Addendum, this App Store Addendum will control with respect to the App Store Services described below.

1. App Store Services. This App Store Addendum applies if you download a Mobile App or purchase Subscription Services or other paid features through the Apple App Store (operated by Apple Inc., “Apple”) or the Google Play Store (operated by Google LLC, “Google”) (each, an “App Store” and, together, the “App Stores”). Your access to and use of the applicable App Store, and any payment processing, billing, refund, cancellation, fraud detection, account management, currency conversion, tax collection and remittance, and related services provided by the applicable App Store (collectively, the “App Store Services”), are governed by your separate agreement with the applicable App Store, including its terms of service, payment terms, usage rules, and privacy policy. RipIQ is not a party to that agreement and does not control the App Store Services.

2. Fees and Payment. If you elect to purchase Subscription Services or other paid features through an App Store, the applicable App Store (and not RipIQ) will collect payment from you in accordance with the App Store’s pricing, billing, currency conversion, and tax practices. The App Stores may charge their own fees, taxes, or assessments in addition to the Subscription Fees, and may apply foreign exchange rates that differ from those quoted by RipIQ. You acknowledge that fees and prices displayed through an App Store may differ from those displayed on RipIQ’s website. You are solely responsible for any App Store charges, including any subscription auto-renewal charges, and for managing your subscription settings within the applicable App Store. None of the fees collected by an App Store excuse your payment of any other fees you have agreed to pay RipIQ.

3. Refunds, Cancellations, and Chargebacks. All requests for refunds, cancellations, billing adjustments, or chargebacks relating to a purchase made through an App Store must be directed to the applicable App Store and will be governed by the applicable App Store’s policies. RipIQ has no obligation or ability to issue refunds, cancellations, or chargebacks for purchases made through an App Store. Notwithstanding any provision of the TOS to the contrary, RipIQ shall have no liability to you for any refund, chargeback, billing dispute, account suspension, account termination, or service outage caused by, or arising in connection with, an App Store or App Store Services.

4. Account Information; Data Collection. The applicable App Store may collect identifying information about you, your account, and the devices that connect to its services, including for purposes of payment processing, fraud detection, account management, advertising, and improving its own services. RipIQ does not control how the App Stores collect, use, share, or retain such information. You should review the applicable App Store’s privacy policy before completing any purchase. You can learn more about Apple’s privacy practices at https://www.apple.com/legal/privacy/ and Google’s privacy practices at https://policies.google.com/privacy.

5. Disclaimer of Warranties and Liability for App Store Services. Even though your access to certain Services may be initiated through an App Store, RipIQ does not control the App Stores’ technology or systems. The applicable App Store is solely responsible for providing the App Store Services through its own platform. WITHOUT LIMITING ANY OTHER DISCLAIMERS OR LIABILITY LIMITATIONS CONTAINED IN THE TOS, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL RIPIQ HAVE ANY LIABILITY TO YOU WHATSOEVER FOR ANY SERVICE OUTAGES, ERRORS, OMISSIONS, IRREGULARITIES, DELAYS, DISPUTES, CLAIMS, REFUSALS, REFUNDS, CHARGEBACKS, ACCOUNT SUSPENSIONS, OR PROBLEMS OF ANY KIND OR NATURE THAT YOU MAY EXPERIENCE WITH AN APP STORE OR THE APP STORE SERVICES. RIPIQ DOES NOT MAKE ANY WARRANTIES WHATSOEVER ABOUT THE APP STORES OR THE APP STORE SERVICES. RipIQ’s promises in the TOS to provide Services do not extend to the App Store Services. Likewise, the App Stores do not control RipIQ’s service offerings, platform, or technology, and you agree that the App Stores are not responsible for any issues solely arising out of or relating to your use of RipIQ’s systems or Services, separate and apart from the App Store Services.

6. Indemnification. You agree to indemnify and hold the RipIQ Parties harmless from and against all losses, damages, costs, liabilities, and expenses, including reasonable attorneys’ fees, to the extent resulting from or arising out of (a) your purchases through, or use of, any App Store or App Store Services; (b) your violation of any App Store’s terms of service, usage rules, payment terms, or privacy policy; or (c) any chargeback, refund, fee, tax, or assessment imposed by an App Store in connection with your account or purchases.

7. Third-Party Beneficiaries. You acknowledge and agree that, as set forth in Section 2(b) of the TOS, Apple, Google, and their respective subsidiaries are third-party beneficiaries of the TOS and this App Store Addendum with respect to your use of the applicable App Store and any Mobile Apps obtained therefrom, and shall be entitled to enforce the TOS and this App Store Addendum against you as a third-party beneficiary.

8. Compliance with App Store Rules; Term. You agree to comply with all applicable terms, policies, and usage rules of the App Store from which you obtain a Mobile App or make any purchase, including the App Store’s payment, refund, and chargeback policies. Your failure to comply with such terms, policies, or rules may result in suspension or termination of your access to the applicable Mobile App or App Store Services, and RipIQ shall have no liability to you for any such suspension or termination. This App Store Addendum is subject to the provisions of Section 13 of the TOS regarding suspension and termination, and any provision that, by its terms, is intended to survive the expiration or termination of this App Store Addendum shall so survive.