1. ACCEPTANCE OF TERMS
These Terms and Conditions of Use (the "Terms") constitute a legally binding agreement between you ("User," "you") and RUTA, a company organized under the laws of the State of KENTUCKY, with a business address at 2028 S Highway 53, Suite 3, PMB 184 Lagrange, KY 40031 ("RUTA," "the Company," "we," "us"), governing your access to and use of the RUTA mobile application and website, including any content, functionality, and services offered on or through them (collectively, the "Service").
By creating an account, downloading, accessing, or using the Service in any manner, you represent that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.
We may require you to accept additional terms specific to certain features (for example, payment processing or business listing creation). In the event of a conflict, such additional terms will control with respect to that specific feature.
2. DESCRIPTION OF THE SERVICE
RUTA is a bilingual (Spanish/English) digital platform designed to connect the community with businesses offering Spanish-language service, through a business directory, geolocation, user reviews, messaging, and, where applicable, in-app booking and payment functionality ("In-App Transactions").
RUTA acts as a technology intermediary that facilitates discovery of and contact between Users and Businesses. Unless expressly stated otherwise with respect to an In-App Transaction, RUTA is not a party to, agent, employer, partner, or legal representative of any listed Business, and does not itself provide the products or services offered by such Businesses.
We reserve the right to modify, suspend, limit, or discontinue, temporarily or permanently, any feature of the Service, with or without notice, without any liability to you, except as required by applicable law.
3. ELIGIBILITY AND USER ACCOUNTS
3.1 Minimum age
The Service is intended solely for individuals eighteen (18) years of age or older. By using RUTA, you represent and warrant that you are at least 18 years old and have full legal capacity to enter into this agreement. RUTA does not knowingly collect information from individuals under 18; if we become aware that we have collected data from a minor, we will promptly delete such information.
3.2 Registration and account security
To access certain features you must create an account and provide truthful, accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You must notify us immediately of any unauthorized use. RUTA is not liable for losses arising from unauthorized use of your account resulting from your failure to safeguard your credentials.
3.3 Account types
The Service supports two primary account types: (a) end-User accounts, used to search for and contact businesses; and (b) Business accounts, used to create and manage a business profile. Business accounts must provide accurate business information and may be subject to additional identity and business-activity verification processes, which do not constitute a guarantee of absolute accuracy by RUTA.
4. LICENSE TO USE
Subject to your compliance with these Terms, RUTA grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service solely for personal, non-commercial purposes (or, for Business accounts, to promote your legitimate business). All rights not expressly granted are reserved by RUTA.
5. USER CONDUCT AND PROHIBITED USES
When using the Service, you agree not to, directly or indirectly:
- Provide false or misleading information, or impersonate another person or entity.
- Post content that is defamatory, obscene, discriminatory, threatening, fraudulent, or that infringes third-party rights, including intellectual property and privacy rights.
- Post fake, undisclosed-incentive, manipulated reviews, or reviews about businesses with which you have not had an actual experience.
- Use the Service for unlawful, fraudulent, harassing, spam, or unsolicited marketing purposes (including unauthorized bulk messaging).
- Attempt to breach, decompile, reverse-engineer, scan, or compromise the security of the Service, or gain unauthorized access to third-party systems, data, or accounts.
- Scrape or extract data from the Service using bots, crawlers, or other automated means without prior written authorization.
- Upload viruses, malware, or any harmful code.
- Circumvent or attempt to circumvent any In-App Transaction, service fee, or payment mechanism established by RUTA.
- Use the Service to unlawfully discriminate on the basis of race, gender, national origin, religion, disability, or any other legally protected category.
RUTA reserves the right, but not the obligation, to investigate and take appropriate legal action, including suspending or terminating accounts, removing content, and reporting to appropriate authorities, for any suspected violation of this section.
6. USER-GENERATED CONTENT
6.1 License granted to RUTA
By posting reviews, ratings, photos, messages, comments, or other content ("User Content") through the Service, you grant RUTA a worldwide, non-exclusive, royalty-free, transferable, sublicensable, perpetual license to use, reproduce, distribute, display, adapt, and create derivative works from such content, in any medium now known or later developed, for purposes of operating, promoting, and improving the Service. You retain ownership of your Content, subject to this license.
6.2 User responsibility
You represent and warrant that you own or have all rights necessary in the User Content you post and that such content does not infringe any third-party right or violate applicable law. You are solely responsible for your Content; RUTA does not endorse, verify, or guarantee the accuracy of any User Content.
6.3 Moderation
RUTA may, in its sole discretion and without obligation to do so, review, moderate, edit, or remove any User Content it believes violates these Terms or is offensive, unlawful, or inappropriate, without prior notice.
6.4 Authentic reviews
Reviews must reflect genuine User experiences. Buying, selling, or offering undisclosed incentives for reviews, and posting negative reviews for purposes of commercial extortion, are prohibited. RUTA may remove reviews that violate this policy and suspend the responsible accounts.
7. LISTED BUSINESSES AND THIRD-PARTY RELATIONSHIP
7.1 Intermediary role
RUTA provides a directory and connection channel between Users and independent Businesses. Listed Businesses are not employees, agents, representatives, partners, or contractors of RUTA. Any agreement, transaction, appointment, purchase, or service rendered between a User and a Business is exclusively between those parties.
7.2 No warranty regarding listed businesses
While RUTA may apply reasonable, basic verification processes to information provided by Businesses (for example, verifying a phone number, email address, or business documentation), RUTA does not guarantee the accuracy, quality, legality, licensing, insurance, suitability, or availability of any listed Business or its products or services. It is the User's sole responsibility to independently verify the suitability of any Business before engaging it.
7.3 Disputes between Users and Businesses
RUTA is not a party to any dispute between a User and a Business arising from a transaction and has no obligation to intervene. Notwithstanding the foregoing, RUTA may, at its discretion, provide incident-reporting channels.
8. PAYMENTS, FEES, AND REFUNDS
8.1 Third-party payment processor
In-App Transactions are processed through third-party payment providers certified under the PCI-DSS standard (for example, Stripe or an equivalent processor). RUTA does not directly store full payment card numbers. By providing payment information, you also agree to the applicable payment processor's terms.
8.2 Fees
RUTA may charge service fees, commissions, or subscriptions to Users and/or Businesses for the use of certain features, which will be disclosed before you confirm any In-App Transaction. We reserve the right to modify such fees, with reasonable advance notice as required by applicable law.
8.3 Refunds and cancellations
Refund and cancellation policies specific to each In-App Transaction will be those set by the applicable Business and/or expressly disclosed at the time of purchase. Unless applicable law provides otherwise, RUTA's own service fees are non-refundable.
8.4 Taxes
Displayed prices may not include applicable taxes. The User and/or Business are responsible for determining and remitting any taxes owed in connection with their transactions, unless RUTA is legally required to collect them.
8.5 Chargebacks
Misuse of chargebacks for legitimately authorized transactions constitutes a violation of these Terms and may result in account suspension and applicable collection actions.
9. ELECTRONIC COMMUNICATIONS AND MARKETING
By creating an account, you consent to receive electronic communications from RUTA related to the Service (confirmations, security notices, changes to these Terms), which satisfy any legal requirement that such communications be in writing. Marketing communications by email or text message (SMS) will be sent only with your prior consent, in accordance with the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act, and you may opt out at any time by following the instructions in each communication. Message and data rates from your carrier may apply.
10. PRIVACY AND PERSONAL DATA PROTECTION
10.1 Data we collect
To operate the Service, RUTA collects, among other things: (a) account data (name, email, phone number, encrypted password); (b) location/GPS data to display nearby businesses; (c) media content you upload (photos, videos); (d) messages exchanged within the platform; (e) reviews and ratings; and (f) payment and billing data processed by our payment provider. The detailed list, specific purposes, and legal bases for processing are described in our Privacy Policy.
10.2 Use of data
We use your personal data to operate, maintain, and improve the Service; personalize search results; process In-App Transactions; prevent fraud and abuse; comply with legal obligations; and, with your consent, send you marketing communications.
10.3 State privacy rights (U.S.)
Depending on your state of residence, you may have rights under privacy laws such as Kentucky Consumer Data Protection Act. (KCDPA), the California Consumer Privacy Act / California Privacy Rights Act (CCPA/CPRA), the Colorado Privacy Act, the Virginia Consumer Data Protection Act, the Connecticut Data Privacy Act, the Texas Data Privacy and Security Act, and similar laws in effect in other states, including the right to: (i) know what personal data is collected about you; (ii) access that data; (iii) request correction; (iv) request deletion; (v) opt out of the "sale" or "sharing" of your personal data and of "targeted advertising"; and (vi) not be discriminated against for exercising these rights. RUTA does not sell personal information to third parties in exchange for monetary consideration. To exercise these rights, you may contact us at info@tueresruta.com or use the mechanisms provided within the app.
10.4 Data security
We implement reasonable technical, administrative, and physical safeguards (including encryption in transit, access controls, and authentication) designed to protect your personal data. However, no system is completely secure; you acknowledge that transmitting information over the internet carries inherent risk.
10.5 Retention and deletion
We retain your personal data for as long as necessary to fulfill the purposes described in the Privacy Policy and applicable legal, accounting, or dispute-resolution obligations, after which it will be securely deleted or anonymized.
10.6 Children
The Service is not directed to individuals under 18 and we do not knowingly collect personal information from minors, consistent with the Children's Online Privacy Protection Act (COPPA).
10.7 Privacy Policy
For a complete and detailed description of how your personal data is processed, please see our Privacy Policy, available in the app and on our website, which is incorporated into these Terms by reference.
11. RUTA'S INTELLECTUAL PROPERTY
The Service, including its source code, design, logos, trademarks ("RUTA" and associated graphic elements), text, graphics, and other elements (excluding User Content), are owned by RUTA or its licensors and are protected by U.S. and international intellectual property laws. Reproduction, distribution, or use without RUTA's prior written authorization is prohibited.
12. COPYRIGHT NOTICE (DMCA)
RUTA respects the intellectual property rights of others. If you believe your copyrighted work has been copied in a way that constitutes infringement, you may send a notice under the Digital Millennium Copyright Act (DMCA) to our Designated Agent at info@tueresruta.com, including: identification of the work, location of the allegedly infringing material, your contact information, a good-faith statement, and a statement under penalty of perjury that the information is accurate and that you are authorized to act. RUTA may remove infringing content and, for repeat infringers, terminate accounts.
13. THIRD-PARTY LINKS AND SERVICES
The Service may contain links to or integrations with third-party sites and services (for example, maps, social media, or payment processors). RUTA does not control and is not responsible for the content, privacy practices, or policies of such third parties. Access to third-party services is at your own risk.
14. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. RUTA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
15. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL RUTA, ITS OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOST REVENUE, OR LOST BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RUTA'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO RUTA (EXCLUDING PAYMENTS TO THIRD-PARTY BUSINESSES) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not fully apply to you.
16. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless RUTA, its affiliates, officers, employees, and agents from and against any claim, demand, damage, loss, liability, cost, and expense (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your breach of these Terms; (d) your violation of any third party's rights; or (e) any transaction between you and a listed Business.
17. TERMINATION
You may delete your account at any time through the app settings. RUTA may suspend or terminate your access to the Service, with or without notice, if it reasonably believes you have violated these Terms, engaged in fraudulent conduct, or for security, legal-compliance, or business-discontinuation reasons. Provisions that by their nature should survive termination (including intellectual property, limitation of liability, indemnification, and dispute resolution) will survive.
18. DISPUTE RESOLUTION: BINDING ARBITRATION AND CLASS ACTION WAIVER
IMPORTANT NOTICE: This section affects your legal rights, including your right to sue in court and to participate in a class action. Please read it carefully. You have the right to opt out of this arbitration provision under Section 18.4.
18.1 Binding arbitration
You and RUTA agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service (a "Dispute") will be resolved through individual, confidential, binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, and not in court, except as set forth in Section 18.3. Arbitration will be conducted in Jefferson County, Kentucky, or remotely/virtually, as permitted under AAA rules. This agreement is governed by the Federal Arbitration Act.
18.2 Class action waiver
YOU AND RUTA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims.
18.3 Exceptions
Notwithstanding the foregoing, either party may bring an individual claim in small claims court if the claim qualifies, and either party may seek injunctive relief in a court of competent jurisdiction to protect intellectual property rights.
18.4 Right to opt out
You may opt out of this arbitration and class-action-waiver provision by sending written notice to info@tueresruta.com within thirty (30) days of the date you first agreed to these Terms, stating your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect the validity of the rest of these Terms.
19. GOVERNING LAW AND VENUE
These Terms are governed by and construed in accordance with the laws of the State of Kentucky, United States of America, without regard to its conflict-of-laws principles. For any Dispute not subject to arbitration under Section 18, you and RUTA consent to the exclusive jurisdiction of the state and federal courts located in Jefferson County, Louisville, Kentucky.
20. GENERAL PROVISIONS
20.1 Force majeure
RUTA will not be liable for any failure to perform resulting from causes beyond its reasonable control, including natural disasters, internet or infrastructure-provider failures, governmental actions, pandemics, or third-party service outages.
20.2 Changes to these Terms
We may amend these Terms from time to time. We will notify you of material changes through an in-app notice or by email at least 15 days before they take effect, unless a different period is required by law. Your continued use of the Service after the effective date constitutes acceptance of the amended Terms.
20.3 Severability
If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
20.4 Waiver
RUTA's failure to enforce any right under these Terms will not constitute a waiver of that right.
20.5 Assignment
You may not assign these Terms without RUTA's prior written consent. RUTA may freely assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
20.6 Entire agreement
These Terms, together with the Privacy Policy and any applicable additional terms, constitute the entire agreement between you and RUTA regarding the Service and supersede any prior agreements.
20.7 Language of the agreement
These Terms are provided in English and Spanish as a courtesy to our bilingual community. In the event of any discrepancy or conflict in interpretation between the two versions, the English version will control for legal and dispute-resolution purposes, unless applicable law provides otherwise.
20.8 Accessibility
We strive to make the Service accessible to individuals with disabilities. If you experience accessibility difficulties, please contact us at info@tueresruta.com.
21. CONTACT US
For questions about these Terms, you may contact us at:
- General inquiries: info@tueresruta.com
- Privacy inquiries: info@tueresruta.com
- DMCA notices: info@tueresruta.com
- Mailing address: 2028 S Highway 53 STE 3, PMB 184 Lagrange, KY 40031