Terms of Service
(Stay Up To Date Service)

General Information

Last Revision: Oct 20th, 2020

The following terms and conditions ("Terms") govern all use of the FastRuby.io Stay Up To Date service and all content, services, and products available at or through the website, (taken together, our "Services"). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, FastRuby.io’s Privacy Policy), and procedures that may be published from time to time by FastRuby.io (collectively, the "Agreement"). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades. Your agreement is with THE LEAN SOFTWARE BOUTIQUE LLC. ("FastRuby.io" or "we").

This is a legal agreement between you, a person or entity ("Client") who subscribes to a Stay Up To Date Service Plan and THE LEAN SOFTWARE BOUTIQUE LLC ("FastRuby.io", together "The Parties") regarding your use of the Stay Up To Date Service. A Client may only be a company, businessman, self-employed person, public authority, or public institution, who wants to use the Stay Up To Date Service commercially.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement; if you do not agree to be bound by the Agreement, you may not access or use any of our Services. If these Terms are considered an offer by FastRuby.io, acceptance is expressly limited to these Terms.

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 16. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 16 years of age or older. If you are under 16, do not use or provide any information through the Services. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at privacy@ombulabs.com

You agree to provide us with complete and accurate information when you subscribe to the Stay Up To Date service.

Glossary

Agreement means this Stay Up To Date Services Agreement together with any rules and restrictions that apply to the Plan that the Client selects, as displayed during the Registration Process.
Stay Up To Date Service means FastRuby.io’s software development services for Client’s application in order to make it compatible with Ruby on Rails 7.0.
Effective Date means the day the Client accepts this Agreement.
Plan means the plan that the Client selects during the Registration Process.
Stay Up To Date Site means the website located at https://fastruby.io/stay-up-to-date.
Registration Process means a series of screens on the Stay Up To Date Site that appears when the Client selects a Plan. The Registration Process allows the Client to confirm the selected Plan, fill in payment method, review and place their order.
Subscription Fees mean the fees paid by Client to FastRuby.io in consideration of Client’s use of the Stay Up To Date Service.
Ruby on Rails framework means the open source project known as Ruby on Rails (https://rubyonrails.org).
The application refers to the Client´s Ruby on Rails application.

Services: Scope

FastRuby.io will provide patches for the Client´s Ruby on Rails web application to gradually become compatible with Ruby on Rails, version 7.0.x.

Provided Form. Patches will be provided in form of pull requests to the Client´s stable branch, pull requests to the application´s open source dependencies, pull requests to the application´s closed-source dependencies, and other projects which might be dependencies of the Client´s application.

Client agrees to review pull requests submitted by FastRuby.io in a timely manner. FastRuby.io agrees to address comments made by Client´s software development team. When changes are approved by its software development team, Client agrees to merge changes into the stable branch.

Exclusions

FastRuby.io is not obligated to:

Add new features to Rails 7.0 or 7.1
Fix bugs in Rails 7.0 or 7.1 that are not compatibility-related, in FastRuby.io´s judgement
Make a security audit of the existing Rails 7.0.x or 7.1.x code
Fix bugs in the Ruby programming language

Fees, Payment, and Renewal

Fees: Our Services are a Paid Service, you agree to pay the specified fees, which we are going to bill or charge you for in regular intervals (such as monthly or annually), on a pre-pay basis until you cancel, which you can do at any time via email (hello@ombulabs.com)

Payment: If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services.

Automatic Renewal: To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time.

Refunds: While you may cancel a Paid Service at any time, refunds are issued in our sole discretion.

Fee Changes: We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you do not agree with the fee changes, you may cancel your Paid Service.

Confidential Information

This Agreement imposes special restrictions on how Client and FastRuby.io must handle conﬁdential information. These obligations are explained in this section.

Each party acknowledges that in connection with this Agreement it may receive certain confidential or proprietary technical and business information and materials of the other party (“Confidential Information”). Each party, its agents and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under the this Agreement except as may be required by a court or governmental authority. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.

While working for the Client, the FastRuby.io may come across, or be given, Client’s Confidential Information. FastRuby.io promises to treat this information as if it is FastRuby.io’s own conﬁdential information. FastRuby.io may use this information to perform its obligations under this Contract, and for no other purpose. When this Contract ends, the FastRuby.io must return to Client, or destroy, all Conﬁdential Information, and conﬁrm that it has done so. FastRuby.io promises that it will not share Conﬁdential Information with a third party, unless Client gives FastRuby.io written permission first.

It’s possible Client and FastRuby.io each have access to conﬁdential information that belongs to third parties. Client and FastRuby.io each promise that it will not share with the other party conﬁdential information that belongs to third parties, unless it is allowed to do so. If Client or FastRuby.io is allowed to share conﬁdential information with the other party and does so, the sharing party promises to tell the other party in writing of any special restrictions regarding that information.

Intellectual Property

This Agreement does not transfer from FastRuby.io to you any FastRuby.io or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with FastRuby.io. FastRuby.io, the FastRuby.io logo, and all other trademarks, service marks, graphics and logos used in connection with FastRuby.io.com or our Services, are trademarks or registered trademarks of FastRuby.io. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any FastRuby.io or third-party trademarks.

Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Termination

FastRuby.io may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

Our Services are provided "as is". FastRuby.io and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FastRuby.io nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Jurisdiction and Applicable Law

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Pennsylvania, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Philadelphia, Pennsylvania.

Arbitration Agreement

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Philadelphia, Pennsylvania, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys´ fees.

Limitation of Liability

In no event will FastRuby.io, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to FastRuby.io under this Agreement during the twelve (12) month period prior to the cause of action. FastRuby.io shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that your use of our Services:

Will be in strict accordance with this Agreement
Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection)
Will not infringe or misappropriate the intellectual property rights of any third party

US Economic Sanctions

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and FastRuby.io reserves the right to terminate accounts or access of those in the event of a breach of this condition.

Indemnification

You agree to indemnify and hold harmless FastRuby.io, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys´ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between FastRuby.io and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of FastRuby.io, or by the posting by FastRuby.io of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties´ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; FastRuby.io may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Your Comments and Concerns

The Services are operated by THE LEAN SOFTWARE BOUTIQUE LLC, 520 Carpenter Lane c/o Mt Airy Axis Philadelphia, PA 19119, USA.

All feedback, comments, requests for technical support, and other communications relating to our website, the Services, and these Terms should be directed to help@ombulabs.com.

Terms of Service(Stay Up To Date Service)