Terms of Service
By signing up for the ROUX.ai services or any of the services of ROUX.ai or its affiliates (“ROUX.ai,” “we,” or “us”), or by submitting a Statement of Work in any form, you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by ROUX.ai under the Terms of Service include various products and services to help you with your overall business and marketing efforts, including strategy, advertising, emailing, and selling goods/services to buyers. Any such services offered by ROUX.ai are referred to in these Terms of Services as the “Services”. Any new features or tools which ROUX.ai adds to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at https://roux.ai. ROUX.ai reserves the right to update and change the Terms of Service by posting updates and changes to the ROUX.ai website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement before you may become a ROUX.ai user or client.
- Account Terms
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use the Services.
To access and use the Services, you must register for a ROUX.ai account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and/or any other information indicated as required. Please review ROUX.ai's Privacy Policy located below for more information on the types of data collected and how we use your data. ROUX.ai may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You acknowledge that ROUX.ai will use the email address you provide as the primary method for communication. You agree to update and keep current your email address on file with ROUX.ai.
You are solely responsible for keeping your password secure. ROUX.ai cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You are responsible for all activity and content, and warrant that you have obtained the rights to use such activity and/or content, such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
A breach or violation of any term in the Terms of Service, as determined in the sole discretion of ROUX.ai, will result in immediate termination of your right to access and use the Services. ROUX.ai also reserves the right to take action against any party that would breach or violate these Terms of Service.
Subject to the limitation set forth in the paragraph below, the person signing up for the Services will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person authorized to use any corresponding account we may provide to the Account Owner in connection with the Services.
If the Account Owner is an entity, the person signing up represents and warrants that he/she has the authority to bind the entity to these Terms of Service.
ROUX.ai cannot and does not guarantee your ability to obtain results or earn any money with our ideas, information, tools, or strategies. Nothing on this page, any of our websites, any of our content, or otherwise in connection with the Services is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax or other professional advice. Any financial numbers referenced here, or on any of our sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Use caution and always consult your accountant, lawyer or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions and results, and by your registration for an account with ROUX.ai or otherwise seeking to obtain the Services, you acknowledge and agree that we are in no way liable for your decisions, actions or results, at any time, under any circumstance. You further agree to never bring any lawsuit or action at law or in equity against ROUX.ai, or otherwise attempt to hold ROUX.ai liable, for your decisions, action or results.
- Acceptable Use
While we believe the free and open exchange of ideas and products is a key tenet of both business and marketing, there are some activities that are incompatible with ROUX.ai’s mission. This Acceptable Use Policy (“AUP”) describes activities that are prohibited in connection with your use of the Services.
For the purposes of this AUP, “Materials” means any photos, images, videos, graphics, written content, audio files, code, information, data or other content uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account.
The following activities are prohibited:
- Child Exploitation: You may not offer goods or services, or post or upload Materials that exploit or abuse children, including, but not limited to, images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.
- Harassment, Bullying, Defamation and Threats: You may not offer goods or services, or post or upload Materials, that may reasonably be interpreted as harassment, bullying, defamatory speech or a threat.
- Hateful Content: You may not offer goods or services, or post or upload Materials, that condone or promote violence against people based on race, ethnicity, color, national origin, citizenship, religion, age, sex, gender, sexual orientation, disability, medical condition or veteran status.
- Illegal Activities: You may not offer goods or services, or post or upload Materials, that contravene or that facilitate or promote activities that contravene, the laws of the jurisdictions in which you operate or do business.
- Intellectual Property: You may not offer goods or services, or post or upload Materials, that infringe on the copyright, trademark, or any other intellectual property rights of others.
- Malicious and Deceptive Practices: You may not use the Services to transmit malware or host phishing pages. You may not perform activities or upload or distribute Materials that harm or disrupt the operation of the Services or other infrastructure of ROUX.ai or others, including ROUX.ai’s third party providers. You may not use the Services for deceptive commercial practices or any other illegal or deceptive activities.
- Personal and Confidential Information: You may not post or upload any Materials that contain personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.
- Self-Harm: You may not offer goods or services, or post or upload Materials, that promote self-harm.
- Spam: You may not use the Services to transmit unsolicited commercial electronic messages.
- Terrorist Organizations: You may not offer goods or services, or post or upload Materials, that imply or promote support or funding of, or membership in, a terrorist organization.
We may, at any time in our sole discretion and without notice, remove any Materials, and/or suspend or terminate your Account or access to the Services if you engage in activities that violate the letter or spirit of this AUP, including activities outside of your use of the Services.
ROUX.ai has the right, but not the obligation, to monitor or investigate any Materials and your use of the Services at any time for compliance with this AUP, the Terms of Service, or any other agreement between you and ROUX.ai governing your use of the Services (collectively, the “Service Terms”). Our determination of whether a violation of this AUP has occurred will be final and binding, and any action taken with respect to enforcing this AUP, including taking no action at all, will be at our sole discretion.
ROUX.ai may modify this AUP at any time by posting a revised version at https://roux.ai. By continuing to use the Services or access your Account after a revised version of the AUP has been posted, you agree to comply with the latest version of the AUP. In the event of a conflict among the Service Terms, this AUP will take precedence, but only to the extent required to resolve such conflict. Capitalized terms used but not defined in this AUP shall have the meanings set forth in the Terms of Service.
If you feel that a user of the Services has violated this AUP, please contact us at info@ROUX.ai
- General Conditions
The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Texas and the laws of the United States of America applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the state and federal courts with jurisdiction over Collin County, Texas with respect to any dispute or claim arising out of or in connection with the Terms of Service.
You acknowledge and agree that ROUX.ai may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on ROUX.ai’s website, available at https://ROUX.ai and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to ROUX.ai’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If at any time you do not agree to any changes to the Terms of Service, immediately discontinue use of the Services.
You may not use the ROUX.ai service for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of United States and the State of Texas. You will comply with all applicable laws, rules and regulations in your use of the Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by ROUX.ai.
You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use ROUX.ai or ROUX.ai trademarks and/or variations and misspellings thereof.
Questions about the Terms of Service should be sent to info@ROUX.ai
You understand and confirm that by working with ROUX.ai you are bound by the terms and services and any platform we utilize with your consent (i.e., Facebook, Google AdWords, etc.).
You agree that upon permitting ROUX.ai access to any of your social or digital accounts, you permit ROUX.ai to develop and post content, as well as place ads on your behalf.
You understand that while ROUX.ai provides reporting to its clients it does not guarantee that reporting is always accurate as part of the data is reliant on third party systems which can be inaccurate at times, as well as potential technology glitches that prevent accurate reporting. While our intention is always to provide the most accurate reporting possible, we do not guarantee that reporting is always correct.
You understand that your Materials (not including credit card information), may be transferred in an unencrypted manner and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over our networks.
You acknowledge and agree that your use of the Service, including information transmitted to or stored by ROUX.ai, is governed by ROUX.ai's privacy policy.
The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and ROUX.ai’s Terms of Service available in another language, the most current English version of the Terms of Service will prevail.
- ROUX.ai Rights
We reserve the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a client, or the Materials uploaded or posted by a client, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any ROUX.ai customer, ROUX.ai employee, member, or officer will result in immediate Account termination.
ROUX.ai does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
For the purposes of this provision, “Confidential Information” means any information given to ROUX.ai that is conspicuously designated as “Confidential” at the time of disclosure and the confidential nature of such information is brought to the attention of ROUX.ai prior to disclosure. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. We may also create apps, products, or services with features similar to your app, product, or service, that may compete with you or your apps, products, and services. You further acknowledge and agree that ROUX.ai employees and contractors may also be ROUX.ai customers/merchants and that they may compete with you, although they may not use your Confidential Information in doing so.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
ROUX.ai retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, ROUX.ai reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties. ROUX.ai disclaims any and all liability for any errors, inconveniences, or any other issues resulting from utilizing the resolution procedures set forth in this paragraph.
We may analyze your app, website, content, and data for any purpose, including commercial.
- Limitation of Liability
You expressly understand and agree that ROUX.ai shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Services.
In no event shall ROUX.ai or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising, including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, ROUX.ai partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
ROUX.ai does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
ROUX.ai does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
ROUX.ai does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
ROUX.ai may share examples and sample results of services provided to other clients of ROUX.ai. ROUX.ai does not warrant or guarantee any results for the Services provided to you.
We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided “as is,” and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the GREATEST extent permitted by law, ROUX.ai DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
We cannot predict when issues might arise with our Services. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the ROUX.ai Services, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the ROUX.ai Services will not exceed the amount ROUX.ai has profited under the contract with you.
- Waiver and Complete Agreement
The failure of ROUX.ai to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and ROUX.ai and govern your use of the Services, superseding any prior agreements between you and ROUX.ai (including, but not limited to, any prior versions of the Terms of Service).
- Intellectual Property and Customer Content; White Labeling
We do not claim any intellectual property rights over the Materials you provide to the ROUX.ai service. All Materials you upload remains yours. You can remove your ROUX.ai account at any time by contacting us.
By uploading Materials, you agree: (a) to allow ROUX.ai to store, and in the case of Materials you post publicly, display, your Materials; and (b) that ROUX.ai can, at any time, review all the Materials submitted to its Services, although ROUX.ai is not obligated to do so.
You retain ownership over all Materials that you upload to a ROUX.ai account; however, you are responsible for compliance of the Materials with any applicable laws or regulations.
You acknowledge that the Services provided by ROUX.ai do not constitute a work made for hire. ROUX.ai retains all intellectual property rights in the Services and in the processes and knowledge used in providing the Services.
You may specify for ROUX.ai to provide Services to you for the ultimate benefit of your customers, which you may desire to brand with your own company name (“White Label Services”). ROUX.ai consents to such use, under the terms and conditions stated herein. No material changes may be made to the White Label Services by you or the customer without the express prior written consent of ROUX.ai. The White Label Services shall be subject to the same conditions, representations, etc. contained herein for the Services, and you make the same representations, promises, covenants, etc., with respect to them on behalf of your customer or user. You agree to indemnify and hold harmless ROUX.ai from any claims, losses, damages, fees (including attorneys’ fees), costs, and liability arising from or related to any breach by you or your customer or user of any representation, covenant, or promise herein, or arising from any misuse by your customer or user of the White Label Services.
- Confidentiality
Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; or (c) we received from a source other than you without breach of our or their confidentiality obligations.
We will not disclose your Confidential Information to third parties, except as required in the course of providing the Services. Under certain circumstances, ROUX.ai may be required to disclose your Confidential Information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency); if the request is made via a subpoena or other legal proceeding or if under the circumstances it is reasonable to believe that such disclosure is necessary to comply with the law, enforce our Terms of Service, or protect the rights of ROUX.ai or others.
In the event ROUX.ai is required by law to disclose your Confidential Information, ROUX.ai will, to the extent allowed by applicable law, notify you prior to disclosing such data so that you may, in your discretion, submit objections to such disclosure to the relevant authorities.
Client agrees that ROUX.ai shall own exclusively all accounts developed on-behalf of a user or client, this includes all advertising accounts (ex: Facebook ad accounts, Google AdWords accounts, etc..). ROUX.ai does not permit access to anyone outside of ROUX.ai access to said accounts, including the client or user. Should the user or client, or anyone outside of ROUX.ai, be given access or obtain access, the user or client agrees to remove themselves from the account immediately and not add any additional users. The user or client may not utilize the ad account themselves for any reason or may not permit access to anyone else or any other agency to utilize or read the account. Should ROUX.ai accidentally remove itself or if ROUX.ai should lose access to an account the client has access to, they will immediately add ROUX.ai back as an admin with all rights on the account.
Client understands that all of ROUX.ai’s technology, advertising approach, processes, systems, etc., are considered confidential and are intellectual property owned by ROUX.ai. Should a client or any affiliated party become aware of any of ROUX.ai’s processes, advertising approach, systems or how our technology works, they will fall under strict confidentiality and agree not share, use, sell or provide any insight to any other party as a result of coming into this knowledge. This includes sharing, developing or implementing such knowledge in a versioned way as well. THE USE OR SHARING OF KNOWLEDGE IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, INFRINGEMENT OF OTHERS’ INTELLECTUAL PROPERTY RIGHTS.
ROUX.ai shall have the non-exclusive right and license to use the names, trademarks, WORK PRODUCT, CREATIVE ASSETS, service marks and logos associated with your account to promote the Service. We may issue a press release describing our relationship with you.
You agree that the ROUX.ai intellectual property, including but not limited to ROUX.ai services, graphics, user interface, audio clips, video clips, editorial content, templates, the scripts and software used to implement ROUX.ai Services, and the processes and knowledge ROUX.ai uses to provide the services, contains proprietary information and material that is owned by ROUX.ai and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the ROUX.ai Services in compliance with this Agreement. No portion of the ROUX.ai Services may be reproduced in any form or by any means, without express written permission from ROUX.ai. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the ROUX.ai Services in any manner, and you shall not exploit the ROUX.ai brand in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. You agree not to reverse engineer or otherwise attempt to circumvent ROUX.ai’s rights to its intellectual property.
All copyrights in and to ROUX.ai (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by ROUX.ai and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF ROUX.ai, EXCEPT FOR USE OF ROUX.ai AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
- Payment of Fees
You will pay the fees applicable to your account and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”), and any fees relating to your purchase of any products or services such as domain names, ad spend or Third Party Services (“Additional Fees”). Collectively, all such fees are referred to as the “Fees”.
You must keep a valid credit card, ACH or bank account on file with us to pay for all incurred and recurring Fees. ROUX.ai will charge applicable Fees to the payment that you authorize (“Authorized Card”), and ROUX.ai will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
For most clients or users, fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”) unless otherwise noted. Transaction Fees and Additional Fees will be charged from time to time at ROUX.ai’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be uploaded to your ROUX.ai account dashboard and/or sent to the Account Owner via the email provided. Users shall have 5 days to bring to the attention of ROUX.ai any issues with the billing of Fees.
If we are not able to process payment of Fees using the Authorized Card or Bank Account, we will make a second attempt to process payment using the Authorized Card or Bank Account within one day of the first attempt. If the second attempt is unsuccessful, we will make a final attempt at our discretion. If our final attempt is unsuccessful, we may suspend and revoke access to your Account. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next Billing Cycle. You will not be able to access your Account during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, ROUX.ai reserves the right to permanently terminate your Account, and in such case, you will not be able to regain or otherwise obtain any information connected with your Account.
All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
You are responsible for all applicable Taxes that arise. These Taxes are based on the rates applicable to the billing address you provide to us. Such amounts are in addition to the Fees for such products and services. If you are not charged Taxes by ROUX.ai, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
In the event you change jurisdictions, you agree to update and keep current your location which may be changed in the administration menu of your ROUX.ai account.
ROUX.ai does not provide refunds except at its own discretion.
If your payment method fails or your account is past due, we may take additional steps to collect past due amounts. Fees are past due unless paid within 45 days from invoice. You will pay all expenses associated with such collection, including reasonable attorneys’ fees. Past due amounts will accrue interest from the payment due date at 1.5% per month or the lawful maximum, whichever is less.
- Term, Cancellation and Termination
Unless specifically stated otherwise in writing, the Services are provided for a one month term, which will automatically renew for additional one month terms unless expressly cancelled in writing by you prior to the end of any one month term (or as otherwise provided herein). You are responsible for communicating to ROUX.ai your desire to cancel your Account and stop future Fees from accruing.
Upon termination of the Services by either party for any reason:
ROUX.ai will cease providing you with the Services and you will no longer be able to access your Account;
our Services will remain available to you until the end of the last term you paid in full;
unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
any outstanding balance owed to ROUX.ai for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
your account will be taken offline.
If at the date of termination of the Services, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
We reserve the right to modify or terminate the ROUX.ai Services or your Account for any reason, without notice at any time.
Fraud: Without limiting any other remedies, ROUX.ai may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Services.
- Non-Solicitation Obligations.
During the term of service and for a period of twelve (12) months thereafter (the “Non-Solicitation Period”), client or user shall not, directly or indirectly, solicit for employment or employ, whether as an employee or independent contractor, or accept services provided by, any present or former employee, officer or independent contractor of the other party who performed any work in connection with or related to the Services provided by ROUX.ai.
- Modifications to the Services
Prices for using the Services are subject to change upon 30 days’ notice from ROUX.ai. Such notice may be provided at any time by posting the changes to the ROUX.ai Site (https://roux.ai) or the administration menu of your ROUX.ai account via an announcement.
ROUX.ai reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice.
ROUX.ai shall not be liable to you or to any third party for any modification, price change, suspension or discontinuation of the Services.
- Third Party Services
In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, ROUX.ai’s partners or other third parties.
ROUX.ai may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or ROUX.ai’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, ROUX.ai may receive a revenue share from Third Party Providers that ROUX.ai recommends to you.
Among the Third Party Services offered by ROUX.ai is the shipping of goods. The goods will be imported on behalf of the consignee/ebuyer. The consignee authorizes the (name of eTailer/supplier) to import the goods on his behalf. Further, the consignee/buyer agrees that (name of the eTailer/supplier) may delegate the obligation to import the goods on his behalf to a subcontractor (e.g. customs broker). The consignee will pay the taxes & duties in addition with the purchase price of the goods.
We do not provide any warranties with respect to Third Party Services. You acknowledge that ROUX.ai has no control over Third Party Services and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on ROUX.ai’s websites, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with ROUX.ai. ROUX.ai does not guarantee the availability of Third Party Services and you acknowledge that ROUX.ai may disable access to any Third Party Services at any time in its sole discretion and without notice to you. ROUX.ai is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. ROUX.ai strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.
If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. ROUX.ai is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
Under no circumstances shall ROUX.ai be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if ROUX.ai has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, ROUX.ai partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including the payment of our costs and attorneys’ fees incurred, relating to or arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
- Master Services Agreements
Should the user or client have a separate Master Services Agreement with ROUX.ai, expressly stated terms of that Agreement constitutes the primary agreement between the Parties and any information, agreements, representations, warranties, statements, promises, information, arrangements, pricing, fees, terms and understandings outlined within that Master Services Agreement that are also outlined within this Terms of Service, supersede this agreement with respect to the subject matter hereof. All other items contained within this Terms of Service that are not outlined within the Master Services agreement agreed upon between ROUX.ai and client or user are thereby amended to that Master Services Agreement, all of which, when taken together, shall constitute one and the same agreement.