Terms of Service
1. ACCEPTANCE OF TERMS
By accessing or using the Rynuu platform, website, mobile application, or any
related services (collectively, the “Services”), you agree to be bound by these
Terms of Service (“Terms”), the Company’s Privacy Policy, and any additional
terms referenced herein. These Terms constitute a legally binding agreement
between you and Onix Performance, LLC, a limited liability company doing
business as Rynuu (“Rynuu,” “Company,” “we,” “us,” or “our”). If you do not
agree to these Terms, you must not access or use the Services.
2. ELIGIBILITY
2.1 2.2 You must be at least 18 years of age (or the age of majority in your
jurisdiction) to create an account and use the Services.
By using the Services, you represent and warrant that you have the legal
capacity to enter into a binding agreement.2.3 If you are using the Services on behalf of a business entity, you represent
that you have authority to bind that entity to these Terms.
3. ACCOUNT REGISTRATION
3.1 3.2 3.3 3.4 Users must create an account to access certain features of the Services.
You agree to provide accurate, complete, and current information during
registration and to keep such information updated.
You are responsible for maintaining the confidentiality of your account
credentials and for all activity that occurs under your account.
You agree to notify the Company immediately of any unauthorized use of
your account.
The Company reserves the right to refuse registration, suspend, or
terminate accounts at its sole discretion.
4. USE OF THE SERVICES
4.1 You agree to use the Services only for lawful purposes and in accordance
with these Terms.
4.2 You shall not:
(a) Violate any applicable law or regulation;
(b) Post or transmit any content that is unlawful, defamatory, obscene,
fraudulent, or harmful;
(c) Infringe upon any intellectual property or proprietary rights of the
Company or any third party;
(d) Attempt to gain unauthorized access to any part of the Services,
other accounts, or related systems;(e) Introduce viruses, malware, or other harmful code;
(f) Use automated systems (bots, scrapers, crawlers) to access the
Services without prior written permission from the Company; or
(g) Engage in any conduct that restricts or inhibits any user’s use or
enjoyment of the Services.
5. INTELLECTUAL PROPERTY
5.1 5.2 5.3 All content, features, and functionality of the Services — including but
not limited to text, graphics, logos, icons, images, software, and
underlying code — are the exclusive property of Onix Performance, LLC
d/b/a Rynuu or its licensors and are protected by applicable intellectual
property laws.
Users are granted a limited, non-exclusive, non-transferable, revocable
license to access and use the Services for personal, non-commercial
purposes only.
Nothing in these Terms transfers any intellectual property rights to
users. Any rights not expressly granted herein are reserved by the
Company.
6. USER-GENERATED CONTENT
6.1 Users may submit, upload, or post content through the Services (“User
Content”). By doing so, you grant Onix Performance, LLC d/b/a Rynuu a
non-exclusive, worldwide, royalty-free, sublicensable license to use,
reproduce, modify, display, and distribute such User Content in
connection with operating and improving the Services.6.2 6.3 You represent and warrant that you have all necessary rights to submit
such User Content and that it does not violate any third-party rights or
applicable law.
The Company reserves the right to remove any User Content that
violates these Terms or is otherwise objectionable, at its sole discretion,
without notice or liability.
7. FEES, PAYMENT, AND STRIPE
7.1 7.2 7.3 7.4 Certain features of the Services may require payment of fees. All fees are
stated in U.S. dollars unless otherwise specified and are non-refundable
except as set forth in the Company’s Refund & Cancellation Policy.
Payment processing for the Services is provided by Stripe, Inc.
(“Stripe”). By providing payment information, you agree to Stripe’s
Terms of Service and authorize the Company to charge applicable fees
through Stripe.
The Company does not store full payment card numbers or sensitive
cardholder data. Payment information is transmitted directly to and
managed by Stripe in accordance with Payment Card Industry Data
Security Standards (PCI-DSS).
The Company reserves the right to modify its pricing structure. Any such
modification will be communicated to users with reasonable advance
notice.
7.5 In the event of a failed payment, the Company reserves the right to
suspend or downgrade your account until payment is resolved to the
Company’s satisfaction.8. THIRD-PARTY SERVICES AND LINKS
The Services may contain links to or integrations with third-party websites or
services, including Stripe for payment processing. The Company is not
responsible for the content, privacy practices, or terms of such third-party
services. Your access to and use of any third-party service is solely at your
own risk and subject to the terms and conditions of such third party. The
inclusion of any link or integration does not imply endorsement by the
Company.
9. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS
WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT, OR COURSE OF PERFORMANCE. THE COMPANY DOES
NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-
FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVES SHALL
CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL ONIX PERFORMANCE, LLC D/B/A RYNUU, ITS AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF
PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING
OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USETHE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
THE COMPANY’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE
GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE
AMOUNT PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS
IMMEDIATELY PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.
11. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Onix Performance, LLC
d/b/a Rynuu and its affiliates, officers, directors, employees, agents, licensors,
and service providers from and against any and all claims, liabilities,
damages, judgments, awards, losses, costs, expenses, and fees (including
reasonable attorneys’ fees) arising out of or relating to: (a) your violation of
these Terms; (b) your use of or inability to use the Services; (c) your User
Content; or (d) your violation of any law or the rights of a third party.
12. GOVERNING LAW AND DISPUTE RESOLUTION
12.1 Governing Law. These Terms shall be governed by and construed in
accordance with the laws of the Commonwealth of Virginia,
without regard to its conflict of law provisions.
12.2 Arbitration. Any dispute arising out of or relating to these Terms or
the Services shall first be submitted to good-faith negotiation between
the parties. If such dispute remains unresolved within thirty (30) days
following written notice, it shall be resolved by binding arbitration
administered by American Arbitration Association in accordance with its then-
current rules, with proceedings conducted in Commonwealth of Virginia.
12.3 Class Action Waiver. You expressly waive any right to participate as a
plaintiff or class member in any purported class action lawsuit, class-
wide arbitration, private attorney-general action, or any other
representative proceeding arising out of or relating to these Terms or the
Services.
12.4 Equitable Relief. Notwithstanding the foregoing, either party may
seek injunctive or other equitable relief in a court of competent
jurisdiction to prevent or restrain irreparable harm, without waiving any
other rights or remedies available under these Terms.
13. MODIFICATION AND TERMINATION
13.1 Modifications. The Company reserves the right to modify these Terms
at any time. Material changes will be communicated to users via email or
conspicuous notice on the Services at least fifteen (15) days prior to
taking effect. Continued use of the Services after the effective date of any
modification constitutes your acceptance of the revised Terms.
13.2 Termination. The Company may suspend or terminate your access to
the Services at any time, with or without cause, with or without notice, at
the Company’s sole discretion. Upon termination, your right to use the
Services ceases immediately. Provisions of these Terms that by their
nature should survive termination shall survive, including but not limited
to Sections 5, 9, 10, 11, and 12.
14. MISCELLANEOUS
14.1 Entire Agreement. These Terms, together with the Privacy Policy and
Refund & Cancellation Policy incorporated herein by reference,
constitute the entire agreement between you and Onix Performance, LLCd/b/a Rynuu with respect to the Services and supersede all prior and
contemporaneous agreements, representations, and understandings.
14.2 Severability. If any provision of these Terms is found to be invalid,
illegal, or unenforceable under applicable law, such provision shall be
modified to the minimum extent necessary to make it enforceable, and
the remaining provisions shall remain in full force and effect.
14.3 Waiver. Failure by the Company to enforce any provision of these
Terms on any occasion shall not constitute a waiver of its right to enforce
such provision on any future occasion.
14.4 Assignment. You may not assign or transfer your rights or obligations
under these Terms, in whole or in part, without the Company’s prior
written consent. Any purported assignment in violation of this section
shall be null and void. The Company may freely assign its rights and
obligations under these Terms without restriction.
14.5 Contact Information. For questions, notices, or correspondence
regarding these Terms, please contact the Company at:
Onix Performance, LLC d/b/a Rynuu
9480 Main St #1082
Fairfax, VA 22031
United States
admin@rynuu.com