Terms of Use

RubyCash – (Website: https://rubycash.org/) is an online platform for the exchange of digital (electronic) currencies (hereinafter referred to as the Website).

These Terms of Use, as well as any other addenda, appendices, terms, or documents expressly incorporated herein, constitute the complete agreement between the parties (collectively, the “Terms”). In the event of contradictions between the provisions of these Terms of Use and the provisions of any other addenda, terms, or documents, the provisions of these Terms of Use shall prevail to the extent of any such contradiction. Other information presented on the Website, or oral/written statements, are excluded from the scope of these Terms and do not constitute a legal agreement between the parties. The use of the Website and Services is governed by these Terms.

By accessing, viewing, or downloading information from the Website and using the Services provided by the Website, you acknowledge that you have read, reviewed, and understood our Terms of Use and that you unconditionally agree to comply with these Terms. The Administration reserves the right to amend the Terms at any time without prior notice. You agree to continue to comply with any such amended Terms and that the Administration is not obligated to notify you of such changes. You acknowledge that you are required to periodically review these Terms for changes and that your continued use of the Website and Services offered by the Website after any changes to the Terms have been posted indicates your acceptance of any such changes.

You under no circumstances acquire any rights to the Website (other than the rights to use the Website in accordance with these Terms and any other provisions and conditions governing a specific Service or section of the Website), nor do you have the right to represent yourself as the holder of such rights to the Website.

You are not permitted to access the Website or use the Services if you are located, registered, or otherwise formed in any of the following countries, or if you are a citizen or resident of any of the following countries: Afghanistan, American Samoa, U.S. Virgin Islands, Guam Territory, Iran, Yemen, Libya, State of Palestine, Puerto Rico, Somalia, Democratic People’s Republic of Korea, Northern Mariana Islands, the United States, Syria, Russian Federation, Republic of Belarus, Republic of Kazakhstan, Republic of Sudan, Transnistria, temporarily occupied territories of Georgia, Turkish Republic of Northern Cyprus, Western Sahara, Federal Republic of Ambazonia, Kosovo, South Sudan, Canada, the United Kingdom, Nicaragua, Trinidad and Tobago, Venezuela, Myanmar, and temporarily occupied territories of Ukraine. A jurisdiction in which it is illegal under Applicable Law for you (by reason of your place of permanent residence, citizenship, residency, or for other reasons) to access or use the Services of the Website; or a country where the placement or availability of the Services of the Website is prohibited or contradicts local laws, or may entail the requirement for local registration or licensing by any member of RubyCash (hereinafter collectively referred to as “Prohibited Jurisdictions”). The Administration reserves the right, at its discretion, to control the restriction of access to the Services of the Website in any Prohibited Jurisdictions. If the Administration determines that you are accessing the Services of the Website from any Prohibited Jurisdiction, or have made false statements regarding your place of establishment, incorporation, citizenship, or residence, the Administration reserves the right to immediately deny you access to the Services of the Website.

Definitions

In these Terms:

“Applicable Law” means the civil and common law, statutes, regulations, conventions, decrees, directives, decisions, local authority resolutions, ordinances, circulars, codes, orders, notices, requirements, decrees, judicial prohibitions, resolutions, rules, and judicial decisions of any government, quasi-government, legislative, administrative, or regulatory body, court, agency, or association, whose requirements you or any member of RubyCash must comply with in receiving or providing the Services;

“Website” / “RubyCash” – the online platform for exchanging digital (electronic) currencies hosted at: https://rubycash.org/, including subdomains, APIs, and other information means owned by RubyCash related to this Website;

“User” – any visitor of the Website. The User confirms that they are at least 18 years old, the laws of their country of residence do not prohibit the use of this Website, and they do not plan to engage in any illegal activities by using the Services of the Website;

“Administration” – authorized personnel to manage the Website acting on behalf of the Website: https://rubycash.org/;

“API” – means application programming interfaces;

“Services” – refers to the Websites, applications, and any services provided by the Website, including:
a) the RubyCash digital (electronic) currency exchange platform (Website: https://rubycash.org/);
b) any downloadable materials from RubyCash Websites;
c) any information, content, or other materials published or provided by any RubyCash member in any way on any subject (including any materials with research results, market data, or blogs);
d) any functions, content, or services provided by any person that may be auxiliary to the Websites, applications, and services listed above.

1. Access Conditions

1.1. When accessing and using the Services, you must:

1.1.1. Not engage in activities that:
a) involve deriving income from prohibited or illegal activities (including activities related to the use of cryptocurrency tumbler services, darknet markets, money laundering, or terrorist financing);
b) aim to place or distribute any prohibited or illegal materials or information;
c) otherwise violate or may violate Applicable Law;

1.1.2. Not attempt to undermine the security or integrity of RubyCash’s computing systems or networks or the computing systems and networks of any third party if the Services are provided by said third party;

1.1.3. Not use or misuse the Services in any way that could disrupt the provision of Services or the operation of the Website, or other systems used to provide the Services, or impair the ability of any other user to use the Website Services;

1.1.4. Not attempt to gain unauthorized access to the computer systеm on which the Website is hosted or to any other materials other than those to which you have been granted direct permission to access;

1.1.5. Not transmit or introduce files into the Website that may damage any other person’s computing devices or software; offensive materials, or materials or data in violation of any law (including data or other materials protected by copyright or trade secrets for which you lack usage rights);

1.1.6. Not attempt to modify, copy, adapt, reproduce, disassemble, decompile, or reverse engineer any computer programs used to provide the Services or operate the Website, except as strictly necessary for normal operation;

1.1.7. Ensure the confidentiality and security of all usernames and passwords required to access the Website;

1.1.8. Immediately notify the Administration of any security breach while using the Website;

1.2. The use of the Services may be subject to restrictions, including, but not limited to, transaction volumes and the number of calls allowed through the corresponding application programming interface. Such restrictions will be communicated.

1.3. By accessing the Website, using the Services, or registering as a User, you represent and warrant that:
a) You agree to and accept these Terms;
b) You are at least 18 years old and have the legal right to enter into obligations under these Terms;
c) You are the rightful owner (or duly authorized representative of the rightful owner) of the funds you deposit on the Website, and these funds come from legitimate sources;
d) Your use of the Services does not violate Applicable Law;
e) You are aware of the risks associated with using the Services provided by the Website and have the necessary experience and knowledge to understand the risks associated with each Service provided by the Website;
f) The information or documents you provide in any identity verification process are correct, authentic, and up-to-date;
g) Any cryptocurrency address you provide is your own, and you have full control over this address;
h) You are not permitted to access or use the Services if you are located, registered, or otherwise incorporated in any Prohibited Jurisdiction and that the Administration reserves the right to immediately deny you access to the Services if you access the Services from any Prohibited Jurisdiction or make false statements about your location, registration place, incorporation, citizenship, or residence;
i) You (i) have not violated Applicable Law; (ii) have not been fined, suspended, subjected to economic sanctions, or otherwise punished for violating Applicable Law; (iii) have not received verbal or written notice from any government authority regarding actual or possible violation of Applicable Law; or (iv) have not received any other notice that you are subject to sanctions, restrictions, penalties, or enforcement or investigation under any Applicable Law (including, but not limited to, anti-money laundering laws, anti-terrorist financing laws, anti-corruption laws, or economic sanctions);

1.4. RubyCash reserves the right to verify your identity at any time to comply with any Applicable Law.

1.5. You agree to cooperate with us in conducting due diligence and provide all documents and information that we may request to verify your identity and the purpose of using the Website.

1.6. The Administration reserves the right to freeze any transaction if it suspects or has grounds to believe that you are engaging in suspicious activities, or if you have violated any of the aforementioned warranties or other provisions of these Terms. The Administration expressly excludes any compensation for damages you may incur as a result of the Administration freezing your transactions. While your transaction is frozen, the Administration will conduct an investigation and may require your cooperation during the investigation. During the investigation, you will not be able to conduct transactions. Upon completion of the investigation, the Administration may, at its discretion, decide to conduct the transaction or return the funds.

1.7. The Administration reserves the right, at its discretion, to block User access to the Services of the Website at any time without explanation.

1.8. You are fully responsible for providing the Website with correct data, including withdrawal addresses. You are also responsible for ensuring that the instructions, orders, or transactions directed to the Website are properly formatted, clear, and expressed in the correct currency. The Website excludes any responsibility for any incorrect transactions.

1.9. The Website is not responsible for any alleged losses or lost profits due to the cessation of transactions.

2. Fees

2.1. You acknowledge and agree that fees are charged for using the Services.

2.2. The Administration reserves the right to review and updаte the amount of fees at any time at its discretion. Any such changes or additions regarding the amount of fees will apply from the time they take effect to any Services (including any transactions on the Website).

3. Privacy Notice

3.1. For more detailed information on RubyCash’s privacy and data protection practices, please refer to our Privacy Notice.

4. Representations and Warranties

4.1. You represent and warrant that:
a) You are authorized to access and use the Services of the Website. In particular, each jurisdiction in which you are located, registered, or otherwise incorporated, or of which you are a citizen or resident, allows you to use the Services of the Website;
b) If you are using the Website on behalf of or in the interest of any person or organization, you must be authorized to do so. The relevant person or organization will be responsible for your actions, including any violation of these Terms;
c) You use the Website and Services at your own risk. You agree that RubyCash is not responsible for any damage or harm resulting from your use of the Website and Services.

4.2. You acknowledge and agree that:
a) The information provided on the Website is for general informational purposes only and is provided voluntarily. Nevertheless, the information is selective, and RubyCash cannot verify all information, which may be incomplete or inaccurate for your purposes of use, and should not be relied upon without additional inquiry. The information and Services should not be interpreted as an offer or recommendation to engage in trading or use the Services provided by RubyCash in a certain manner, and this information does not take into account the investment objectives or financial condition of any particular person;
b) The Administration does not guarantee that the use of the Website will be uninterrupted or error-free. In particular, the operation and availability of systems used to access the Website, including public telecommunication services, computer networks, and the Internet, may be unpredictable and may interfere with or prevent access to the Website from time to time. The Administration is not responsible for any such interference that may hinder your access to or use of the Website and Services.

4.3. You represent and warrant that you acquire the right to access and use the Website and agree to these Terms for business purposes, and to the maximum extent permitted by law, any consumer protection laws or laws designed to protect consumers not acting as business entities in any jurisdiction do not apply to the provision of the Website or these Terms.

5. Limitation of Liability

5.1. Nothing in these Terms excludes or limits RubyCash’s liability for:
a) fraud;
b) any other violations that cannot be excluded or limited under Applicable Law.

5.2. Subject to the foregoing, to the maximum extent permitted by Applicable Law:
a) RubyCash shall under no circumstances be liable for:
i) indirect or consequential damages;
ii) lost profits, loss of business opportunities, loss of revenue, or goodwill, whether as a result of breach of contract, tortious liability (including negligence), statutory obligations, or otherwise arising from or in connection with the authorized or unauthorized use of the Services or these Terms, even if an authorized RubyCash representative or any Associated person was advised, knew, or should have known of the possibility of such damages;
b) RubyCash’s total liability in contract, tort (including negligence), or otherwise arising from or in connection with the performance of its obligations under these Terms for any one or more incidents or occurrences is limited to the total net amount of cryptocurrency received by RubyCash from you as trading fees in connection with your use of the Website directly during the six-month period from the date of the incident or from the date of the first incident in a series of related incidents giving rise to your claim under these Terms.

6. Settlements

6.1. All settlements made by the Website and verified by the Administration are final. The Administration does not guarantee uninterrupted and error-free use of the Website.

7. Confidentiality

7.1. You agree not to disclose to anyone any Confidential Information you may obtain while using the Website.

7.2. For the purposes of these Terms, “Confidential Information” means any written (including information provided in electronic form) or oral information that is confidential, a trade secret, or proprietary and that is clearly identified as confidential at the time of disclosure, or which a reasonable person would consider confidential under circumstances related to disclosure. Notwithstanding the foregoing, Confidential Information does not inсlude information that: (i) was already known to you before receiving this information from us; (ii) became public knowledge due to reasons unrelated to your wrongful act; (iii) was lawfully obtained from a third party if you were unaware of the violation of any other relevant confidentiality obligation; or (iv) was independently developed by you. The obligations set forth in this paragraph do not prevent the disclosure of Confidential Information to: (A) a third party based on our written consent; or (B) to comply with the request or requirement of a competent court or tribunal, governmental, administrative, regulatory, or self-regulatory body, or listing organization, or to meet the requirements of Applicable Law, provided that notice has been sent to RubyCash to the extent permitted by Applicable Law before such disclosure.

8. Force Majeure

8.1. Neither party is liable for delays in the performance of its obligations caused by any reason beyond its reasonable control, including natural disasters, riots, wars, malicious acts, fires, power outages, failures of payment systems, energy supply systems, communication networks, Internet service providers, and actions or orders of government authorities.

9. Continuation of Individual Provisions

9.1. If any provision of these Terms is found by a court to be invalid, unenforceable, or unlawful, this shall not affect the validity and enforceability of other provisions. If any provision is found to be unenforceable, you agree to the Administration’s amendments to such provision to allow enforceability of the intentions to the extent permitted by Applicable Law.

10. Governing Law

10.1. The Terms and any non-contractual obligations arising from or in connection with them shall be governed and interpreted in accordance with the law of the United Kingdom.

11. Dispute Resolution

11.1. The courts of the United Kingdom shall have exclusive jurisdiction to determine any procedural actions related to these Terms or associated with them (including disputes concerning the existence, validity, or termination of these Terms or the consequences of their invalidity or any non-contractual obligations arising from or in connection with these Terms).

The Administration reserves the right to unilaterally amend the terms of the partner program.