Terms of Service

Welcome to Robert Ruby II ("Robert Ruby II," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you and Robert Ruby II governing your access to and use of our utility pole measurement and analysis platform (the "Service").

By accessing the Service, creating an account, or using any of our features, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. In such case, "you" and "your" will refer to such entity.

2.1 Account Creation: To access the Service, you must create an account by providing accurate, current, and complete information. You agree to update this information promptly if it changes.

2.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized access or security breach.

2.3 Account Integrity: You may not: (a) create an account using false information; (b) create multiple accounts for the same individual or entity; (c) share your account credentials; or (d) transfer your account to another party without our written consent.

2.4 Age Requirement: You must be at least 18 years old to create an account and use the Service.

3.1 Subscription Plans: The Service is offered through various subscription plans with different features, user limits, and pricing. Current plan details are available on our website and may be modified from time to time.

3.2 Founding Member Pricing: Founding member pricing ($440/year for 3 licenses) is limited to the first 5 subscribers and locks in your rate for the duration of your continuous subscription. This pricing is subject to availability and may be discontinued at any time.

3.3 Billing Cycles: Subscriptions are billed annually in advance. Payment is due immediately upon subscription and on each renewal date thereafter.

3.4 Payment Methods: You must provide valid payment information and authorize us to charge the applicable fees to your payment method. You are responsible for all charges incurred under your account.

3.5 Price Changes: We may modify subscription prices with 30 days' notice. Founding member rates are protected from increases during continuous active subscription.

3.6 Taxes: All fees are exclusive of applicable taxes. You are responsible for paying all taxes associated with your use of the Service.

3.7 Failed Payments: If a payment fails, we may suspend your account until payment is received. If payment is not received within 15 days, we may terminate your subscription.

4.1 User Licenses (Seats): Each subscription includes a specific number of user licenses, also known as "seats." As the registered customer (whether an individual or organization), you may assign these seats to individuals who will access the Service on your behalf. Each individual user accessing the Service must be assigned to one of your available seats. You are responsible for managing seat assignments and ensuring compliance with your subscription limits.

4.2 Additional Licenses: You may purchase additional seats at the then-current rate. Additional seats are pro-rated for the remainder of your billing period.

4.3 License Assignment: You may reassign seats among your users at any time. However, each seat may only be used by one individual at a time, and seats may not be shared simultaneously among multiple users. When a user no longer requires access, you may reassign that seat to a different individual.

5.1 Automatic Renewal: Subscriptions automatically renew at the end of each billing period unless you cancel prior to the renewal date. You authorize us to charge your payment method for renewal fees.

5.2 Cancellation by You: You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing period.

5.3 No Refunds: Fees are non-refundable except as required by law or as expressly stated in these Terms. If you cancel, you will retain access to the Service through the end of your paid period.

5.4 Cancellation by Us: We may suspend or terminate your account immediately if you breach these Terms, fail to pay fees, or engage in activities that may harm the Service or other users.

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Upload or transmit viruses, malware, or other malicious code
• Interfere with or disrupt the Service or servers
• Attempt unauthorized access to any part of the Service
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Use automated systems to access the Service without permission
• Resell or redistribute the Service without authorization
• Remove or modify any proprietary notices
• Use the Service in a manner that exceeds reasonable usage limits
• Harass, abuse, or harm other users

7.1 Your Data: You retain all rights to the data you upload to the Service ("Customer Data"). You grant us a limited license to use Customer Data solely to provide the Service to you.

7.2 Our Property: The Service, including all software, algorithms, features, and content provided by us, is our exclusive property or the property of our licensors. These Terms do not grant you any rights to our intellectual property except as necessary to use the Service.

7.3 Data Responsibilities: You are solely responsible for the accuracy, quality, and legality of your Customer Data and the means by which you acquired it.

7.4 Data Backup: While we maintain regular backups, you are responsible for maintaining your own backup copies of important Customer Data.

8.1 Service Availability: We strive to provide reliable Service but do not guarantee uninterrupted or error-free access. We may perform maintenance, updates, or modifications that temporarily affect availability.

8.2 Service Modifications: We may modify, update, or discontinue features of the Service at any time. We will provide reasonable notice for material changes that negatively impact functionality.

8.3 No Warranty: The Service is provided "as is" and "as available" without warranties of any kind, express or implied.

9.1 Support: We provide email support during regular business hours. Response times vary based on issue complexity and subscription tier.

9.2 Priority Support: Founding members and higher-tier subscribers receive priority support with faster response times.

9.3 Maintenance: We perform regular maintenance and updates to improve the Service. We will schedule major maintenance during off-peak hours when possible.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONE SHOT PRO AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE FEES YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

You agree to indemnify, defend, and hold harmless Robert Ruby II and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising from: (a) your use of the Service; (b) your Customer Data; (c) your violation of these Terms; or (d) your violation of any rights of third parties.

12.1 Governing Law: These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

12.2 Jurisdiction: Any disputes arising from these Terms or the Service shall be resolved in the state or federal courts located in Delaware. You consent to the exclusive jurisdiction of these courts.

12.3 Informal Resolution: Before filing any claim, you agree to contact us at rruby@moezaick.com to attempt to resolve the dispute informally.

We may modify these Terms from time to time. We will notify you of material changes by email or through the Service at least 30 days before they take effect. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

If you do not agree to modified Terms, you must cancel your subscription before the changes take effect.

14.1 Entire Agreement: These Terms, together with our Privacy Policy and EULA, constitute the entire agreement between you and Robert Ruby II regarding the Service.

14.2 Assignment: You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.

14.3 Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force and effect.

14.4 Waiver: Our failure to enforce any provision does not waive our right to enforce it later.

14.5 Force Majeure: We are not liable for delays or failures caused by circumstances beyond our reasonable control.

14.6 Export Compliance: The Service is subject to U.S. export laws. You may not export or re-export the Service in violation of such laws.

For questions about these Terms, please contact us at:

Robert Ruby II
Email: rruby@moezaick.com