HeyRuby.tv Terms of Service

Effective Date: September 30, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS OF SERVICE (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND REAL GAMES, INC.

SECTION 17 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 17 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 17 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.

1. Purpose

Welcome to HeyRuby.tv!

This Agreement governs your access to and use of HeyRuby.tv, including our website (https://www.heyruby.tv/) and the HeyRuby.tv mobile applications, subscriptions, episode purchases, HeyRuby Tickets, content production tools, AI-assisted video generation features, exports, any marketplace or creator monetization features we may offer, and related services (collectively, the “Services”). The Services are operated by Real Games, Inc. d/b/a HeyRuby (“HeyRuby,” “we,” “us,” or “our”).

HeyRuby.tv is an AI-assisted platform that allows eligible users to create, customize, render, upload, publish, share, and watch short-form drama content and related creative assets. The service may include AI-assisted script, image, video, voice, music, subtitle, and editing workflows; conversational creation tools; rendering through third-party AI providers; subscriptions, episode purchases, HeyRuby Tickets, rendering slots, tips, creator compensation programs, social sharing and export features, analytics and performance insights, and human or automated content review and moderation. We may add, modify, suspend, or discontinue any part of the Services at any time, with or without notice, to the extent permitted by law.

The Services are offered in multiple languages, and episodes may include machine-translated subtitles in many languages. Localized interfaces and machine translations are provided for convenience only and may contain errors.

By using, visiting, or otherwise accessing any part of our websites and domains at https://www.heyruby.tv/ or any part of our Services, or otherwise indicating your affirmative assent to this Agreement, you agree to be bound by this Agreement.

This Agreement incorporates by reference our Community Guidelines, our DMCA Policy, and our Privacy Policy, each available on the Services. If you upload or monetize content as a creator, the HeyRuby Creator Agreement presented during creator onboarding also applies to you.

The success of the Services depends on the adherence to the terms of this Agreement by you and other users (other “Users”). While we will strive to enforce the terms of this Agreement, we cannot warrant or represent that other Users will in fact adhere to this Agreement and cannot act as insurers or accept any liability for their failure to do so.

2. Eligibility

By accessing or using the Services in any way, or clicking on a button or taking similar action to signify your affirmative acceptance of this Agreement, you hereby represent that:

• i.
  You have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at this link or through the Services;
• ii.
  You are 18 or older;
• iii.
  You have the authority to enter into the Agreement personally. Except as otherwise provided herein, if you do not agree to be bound by the Agreement, you may not access or use the Services; and
• iv.
  You will comply with all applicable laws, including those of the country, state and city in which you are present while using the Services.

3. Access

Access. By entering into this Agreement, you will be granted a revocable license to access the Services. Your access privileges, however, are conditioned on your adherence to the terms of this Agreement. We reserve the right to temporarily deny you access to the Services or permanently terminate your access privileges at any time if, in our sole discretion, you have failed to abide by the terms of this Agreement or appear to us likely to do so. By agreeing to grant you access, we do not obligate ourselves to do so or to maintain the Services, or to maintain it in its present form, and we expressly reserve the right to modify, suspend, or terminate your access privileges.

Prohibited Uses. You understand, acknowledge and agree that any access or use of the Services shall be for your use only, and solely for the purposes expressly permitted in an agreement between you and us.

Privileges Nontransferable. Your access privileges may not be transferred by you to any third parties.

Passwords and Security. You agree not to disclose to anyone your confidential password and to notify us immediately if there has been a breach of your security that affects our Services.

One Account. You may not operate multiple accounts to circumvent restrictions.

Beta Features. We may offer experimental, beta, preview, or early-access features. Those features are provided “as is,” may be changed or discontinued at any time, and may be subject to additional terms. To the maximum extent permitted by law, we are not liable for harm arising from beta features.

4. Payment Terms and Subscription Plans

“Order Form” means the online page or pages or other ordering document acceptable to us under this Agreement, issued by us, and accepted by us, specifying the fees you owe us in exchange for the Services that we will provide you under this Agreement.

“Subscription Period” means the duration of the subscription plan you choose, beginning on the date you register and pay for such subscription plan and continuing for the applicable period of time. If your subscription plan automatically renews (as described below), then the Subscription Period will also include any renewal periods.

“Subscription Services” means the Services for which you complete an Order Form to get ongoing access to our Services. For example, you may need to activate our Subscription Services to see more shows on https://www.heyruby.tv/.

Free Trials. At times, in our sole discretion, we may offer you free trial opportunities to access the Subscription Services. Your free trial access may be for a limited period of time or limited number of viewings, as described in the relevant free trial offer, but we reserve the right to terminate your free trial access at any time and for any reason.

Payment and Fees.

When you complete an Order Form to access our Subscription Services, you authorize us to charge you the amounts detailed in the Order Form for your use of the Services at the then-current published amounts (the “Fees”). All such Fees are exclusive of any other charges you may incur in connection with such use, such as taxes, duties, and possible transaction fees. You acknowledge and agree that, depending on the tax regulations governing the jurisdiction in which you are located, we may also charge you for sales tax; therefore, in order for you to use the Subscription Services, you authorize us to charge you for the Fees plus any such sales tax, duties, and transaction fees when you purchase a subscription to the Subscription Services.

Following the expiration of your selected Subscription Period, your access to the Subscription Services will automatically renew and you will be automatically charged the relevant Fees, unless you either (i) cancel your subscription prior to the expiration date or (ii) request a different subscription plan prior to the expiration date. This means that your original Subscription Period will extend to include one or more renewal periods if your subscription plan automatically renews. You expressly authorize us to charge you for each automatic renewal until you timely cancel your subscription plan. We do not provide refunds or credits for any partial subscription periods unless otherwise specified in this Agreement. This means that if you cancel in the middle of your subscription, you will not receive a prorated refund or credit.

PAYMENTS AUTOMATICALLY RENEW FOR INDEFINITE SUCCESSIVE RENEWAL TERMS FOR THE SAME PERIOD AS THE INITIAL SUBSCRIPTION PERIOD, UNTIL CANCELED BY YOU OR BY US IN ACCORDANCE WITH THIS AGREEMENT.

All Fees (including any applicable sales tax) are non-refundable, unless required by applicable law.

Any late payment of Fees (if applicable) will be subject to all costs of collection (including reasonable legal fees) and will bear interest at the rate of one and one-half percent (1.5%) per month or at the maximum rate permitted by law, whichever is less. If you are delinquent on a payment of Fees for fourteen (14) calendar days or more, we may suspend your access to the Subscription Services or terminate your account.

Complaints or disputes concerning invoices must be made in writing within thirty (30) calendar days from the date of the invoice; otherwise, such invoices are deemed final and forever barred from dispute.

We reserve the right to raise or lower the cost of our Subscription Services or Fees, and to create additional tiers or types of Subscription Services, including subscription fee tiers, at any time.

Cancellation. Either we or you may cancel your subscription at any time and for any reason. In the event of a cancellation by us or you, all Fees due to us up to the end of the then-current billing cycle at time of cancellation shall remain payable to us.

Cancellation is available online through the same platform you used to subscribe and does not require calling us or contacting support, although our support team can also help at support@realgames.ai.

Violations. If at any time we believe, in our sole discretion, that you have violated any provision of this Agreement, we may immediately terminate your access to the Services without any refund or other remedy, and all Fees due to us up to the end of the then-current billing cycle at the time of such termination shall remain payable to us. Such termination will not limit any other right by us under contract, tort, or any other legal theory to pursue any claim or cause of action against you for violating this Agreement, including without limitation monetary damages, injunctive relief, attorney’s fees, and court costs.

Tips. Tips and creator-support payments are voluntary digital payments made to support creators. Tips are final, non-refundable, and not a purchase of ownership rights, licenses, equity, services, or control over any creator or content. Tips are not refundable to the viewer and are not redeemable, withdrawable, reversible, or convertible into cash or other value by the viewer. We may deduct applicable platform fees, payment processing fees, taxes, chargebacks, refunds, or other disclosed amounts from creator compensation or tips, except where the Creator Agreement states that a payment type is passed through without deduction.

HeyRuby Tickets. HeyRuby “Tickets” are digital access credits that may be used only within the Services to unlock or access eligible episodes, features, creator content, or other digital experiences made available by us. The number of Tickets required to unlock an episode, and any bundle discounts, are shown within the Services before you spend Tickets.

HeyRuby Tickets are not cash, stored value, cryptocurrency, gift cards, or property. They have no monetary value outside the Services, are not redeemable for cash, are not transferable, and may not be sold, exchanged, sublicensed, assigned, or used outside the Services.

HeyRuby Tickets do not expire, unless we are required by law to apply a different rule or unless Tickets were issued as part of a limited promotion that clearly disclosed different terms. Free promotional Tickets are subject to the balance caps, accrual rules, and inactivity lapse rules disclosed within the Services and, for creators, in the Creator Agreement.

All purchases of HeyRuby Tickets are final and non-refundable, except where a refund is required by applicable law or expressly approved by us in our sole discretion.

We may change the Ticket economy prospectively, including Ticket pricing, the number of Tickets granted with subscriptions or purchases, episode unlock prices, bundle discounts, and promotional Ticket programs. Changes apply prospectively and do not remove Tickets you have already purchased, except where required for legal, fraud, or abuse reasons.

If we permanently discontinue the Services, we will provide reasonable advance notice where practicable and will offer a good-faith remedy for unused purchased Tickets, such as a refund of the unused purchased Ticket balance or an equivalent benefit, in each case as required by or consistent with applicable law. This paragraph applies only to Tickets you purchased or received as part of a paid subscription, and does not apply to free or promotional Tickets.

Episode Access. Using HeyRuby Tickets to unlock or view an episode gives you a limited, personal, non-transferable right to access that episode through the Services. You do not purchase, own, download, copy, or acquire any ownership interest in the episode or any related content.

Episodes, microdramas, creator content, and other materials may be removed, restricted, disabled, edited, replaced, or made unavailable at any time for legal, licensing, safety, business, moderation, rights-clearance, technical, or other reasons. We do not guarantee that any episode or content will remain available permanently. If an episode or other content is removed after you have used HeyRuby Tickets to access it, you will not be entitled to a refund, replacement, cash payment, or credit, except where required by law or expressly approved by us.

5. Acceptable Use Policy

By using our Services, you agree to treat other Users with respect and consideration, both on and off our Services, and you agree to abide by our Community Guidelines. Our Community Guidelines describe the content standard for the platform, the categories of content and conduct that are prohibited, creator upload standards, and how we enforce the policy. Violating the Community Guidelines is a violation of this Agreement.

By using the Services, you further agree that:

• i.
  You will only use the Services for lawful purposes, and not for deceptive or fraudulent purposes; you will not send or store any unlawful material.
• ii.
  You will not use the Services to cause nuisance, annoyance or inconvenience.
• iii.
  You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Users, unless expressly authorized in an agreement with us.
• iv.
  You will not violate the publicity or privacy rights of another individual.
• v.
  You will not copy or distribute any content displayed through the Services, unless expressly authorized in this Agreement.
• vi.
  You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Services except for your personal, noncommercial use.
• vii.
  The information you provide to us or otherwise communicate with us is accurate.
• viii.
  You will not use the Services in any way that could damage, disable, overburden or impair any of our servers, or the networks connected to any of our servers.
• ix.
  You will not attempt to gain unauthorized access to any part of the Services and/or to any service, account, resource, computer system and/or network connected to any of our servers.
• x.
  You will not deep-link to the Services or access the Services with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy or monitor any portion of the Services or any content on the Services.
• xi.
  You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services.
• xii.
  You will not impersonate another person, act as another entity without authorization, or create multiple accounts.
• xiii.
  Your User Content (as defined in Section 8) does not contain material that solicits personal information from anyone under 18 or exploits people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors.
• xiv.
  Your User Content does not violate any state or federal law designed to regulate electronic advertising.
• xv.
  Your User Content does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by us in our sole discretion.
• xvi.
  Your User Content will not contain any material deemed illegal or inappropriate by us in our sole discretion and that you or your User Content may be subject to remedial actions if found to violate this Agreement.
• xvii.
  You will not use any part of our Services, including any outputs from our AI Features (as defined below), to develop any artificial intelligence (or similar) models, unless you receive our express prior written consent.
• xviii.
  You will not upload, rehost, mirror, republish, broadcast, seed via peer-to-peer networks, post to social media, embed on third-party sites, or otherwise make available to any person any episode, clip, or other Platform Content (as defined in Section 9) obtained through the Service without our prior written authorization.

6. AI Features and AI-Generated Content

Some of our Services may include access to large language models, machine learning features, or other artificial intelligence-powered tools, which may include AI chat interfaces that allow you to ask questions, provide inputs, or otherwise prompt the AI (our “AI Features”).

AI Content. You may provide input to the AI Features (“Input”) and receive output from the AI Features based on the Input (“Output”). Input and Output are collectively referred to as “AI Content.” You are responsible for all AI Content, including ensuring that it does not violate any applicable law or this Agreement. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to the Services.

Ownership of AI Content. As between you and HeyRuby, and to the extent permitted by applicable law and subject to the relevant agreements between you and HeyRuby, including the Creator Agreement, you (a) retain your ownership rights in Input and (b) own the Output.

Similarity of Output. You acknowledge and understand that due to the nature of our Services and artificial intelligence generally, Outputs may not be unique and other Users may receive similar Outputs from our Services. Outputs that are requested by or generated for other Users are not considered your Output.

Our Use of AI Content. We may use AI Content to provide, maintain, develop, train, and improve our AI Features, which may include complying with applicable law, enforcing our policies, and keeping our Services, including the AI Features, safe. In addition, we may review AI Content to improve the quality of or develop new products and features for our Services and the AI Features.

If you are a content creator that has agreed to the Creator Agreement, then any licensing provisions within the Creator Agreement shall also apply to your AI Content.

Accuracy. We are constantly working to improve our AI Features to make the Services more accurate and reliable. However, given the probabilistic nature of machine learning and artificial intelligence, use of the AI Features may, in some situations, result in Output that does not accurately reflect real people, places, or facts.

Additional Restrictions. In addition, when you use our AI Features, you understand and agree that:

• •
  You will not rely on Output as a sole source of truth or factual information, or as a substitute for professional advice.
• •
  You will evaluate all Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output.
• •
  You will not provide, share, or otherwise use confidential information, including personal information, in your Input, unless you have provided the necessary privacy notices and obtained necessary consents for the processing of such information by our Services and vendors.
• •
  You must not use any Output for any purpose that could have a legal or material impact on a person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
• •
  You will not represent that Outputs are human-generated when they are not.
• •
  You will not use any part of our Services, including any AI Content, to develop any artificial intelligence (or similar) models, unless you receive our express prior written consent.
• •
  You will not automatically or programmatically extract data or Outputs from our Services.
• •
  You will not interfere with or disrupt our Services, including circumventing any rate limits or restrictions, bypassing any protective measures or safety mitigations we put on our Services, or initiating or facilitating content-based attacks or jailbreaking.
• •
  Our Services may provide incomplete, incorrect, or offensive Output that does not represent our views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with us.

7. Third-Party Services and Interactions

While we will strive to ensure the accuracy and completeness of information provided on our Services, we cannot guarantee the accuracy, adequacy, quality, or suitability of any data on our Services and expressly disclaim liability for errors and omissions in the contents of our Services. Any use or reliance on any content or materials posted via the Services or obtained by you through the Services is at your own risk. Any link to a website or phone number owned by a third party does not constitute an endorsement, approval, association, sponsorship, or affiliation with the linked site or phone number.

Third-Party Integrations and Service Providers. To provide the Services, we may transmit or otherwise make available information and User Content and Platform Content to third-party service providers that perform functions on our behalf. For example, images, prompts, instructions, account or job identifiers, and related technical information may be sent to an AI model, rendering, hosting, storage, content-delivery, moderation, analytics, security, payment, customer-support, or other service provider so that the provider can process the request, render or generate a video, return the resulting video or other output to HeyRuby, and support delivery of the Services.

These providers may process information only as needed to perform services for us or as otherwise described in our Privacy Policy and their applicable agreements with us. Processing may occur in the United States or other countries where we or our providers operate. We may replace, add, or remove service providers over time.

By submitting images, prompts, instructions, or other information for processing, you direct and authorize us to disclose and transmit that information to the service providers reasonably necessary to complete your request and operate, secure, maintain, and improve the Services.

The Services may also integrate with social platforms, payment processors, authentication providers, and other third-party services. When you choose to connect an account, download or share content, or otherwise interact with a third-party service, information may be disclosed to that third party at your direction. Your use of a third-party service is governed by that third party’s terms and privacy practices. We are not responsible for third-party services or their availability, performance, security, legality, or content.

Third-Party Websites and Advertisements. The Services may contain links to or display content originating from third-party websites and advertisements (collectively, “Third-Party Website(s) and Advertisement(s)”). Such Third-Party Websites and Advertisements are not under our control. We are not responsible for any Third-Party Websites and Third-Party Advertisements. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites and Advertisements, or their products or services. When you click on a link to a Third-Party Website and Advertisement, we will not warn you that you have left our Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. You use all links in Third-Party Websites and Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites and Advertisements, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

8. User Content

"User Content" means content you upload, submit, enter, create, generate, edit, publish, list, sell, license, or otherwise provide through the Services. This may include prompts, scripts, images, videos, audio, voice recordings, likenesses, titles, descriptions, metadata, marketplace listings, and generated outputs.

You retain any rights you have in your User Content, subject to the licenses granted in this Agreement. Creators who upload or monetize content must also accept the HeyRuby Creator Agreement, which governs royalty rates, payout terms, exclusivity options, and creator representations in detail. If this Agreement and the Creator Agreement conflict, the Creator Agreement controls solely with regard to the conflict.

You represent and warrant that:

• •
  You have all rights necessary to submit and use your User Content through the Services.
• •
  Your User Content does not violate any law or third-party rights.
• •
  Your User Content does not contain unlawful, harmful, deceptive, infringing, defamatory, obscene, abusive, exploitative, or otherwise prohibited material, and complies with this Agreement and our Community Guidelines.
• •
  You have obtained all required permissions for any names, images, voices, likenesses, brands, music, or third-party materials included in your User Content, including for any AI-generated faces, voices, or likenesses that resemble real people.

To operate and improve the Services, you grant us an irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable license to host, store, reproduce, process, modify, adapt, publish, display, perform, distribute, create derivative works from, analyze, and otherwise use your User Content. This includes, but is not limited to, the following purposes:

• •
  Providing the Services to you and other Users.
• •
  Enabling creation, publishing, browsing, discovery, downloading, exporting, and sharing that you initiate or authorize.
• •
  Reviewing content for safety, quality control, fraud, rights management, policy compliance, and legal compliance.
• •
  Rendering, editing, exporting, sharing, selling, or licensing content at your direction.
• •
  Operating marketplace listings and transactions.
• •
  Performing content review, moderation, safety checks, and quality assurance.
• •
  Debugging, maintaining, securing, and improving the Services.
• •
  Developing and improving internal tools, moderation systems, recommendation systems, content-discovery systems, creator workflows, and platform functionality.
• •
  Developing analytics, recommendations, ranking, discovery, and personalization features.
• •
  Promoting the Services.
• •
  Training, testing, improving, and developing new machine learning models and algorithms.

This license lasts as long as needed to provide the Services and to honor marketplace, licensing, legal, security, backup, and recordkeeping obligations, and any other legitimate purposes.

If your User Content contains music, sound recordings, audio clips, background music, ambient music, samples, loops, remixes, or other audio that you select, provide, or incorporate, you represent and warrant that you have all rights necessary to use, publish, and distribute that audio through the Services.

HeyRuby does not recognize any informal “15-second rule,” “30-second rule,” attribution-only claim, or other unsupported shortcut as permission to use copyrighted music. You may not create, publish, share, or distribute User Content containing unauthorized copyrighted audio if you do not have the legal right to use it. HeyRuby may remove, mute, block, disable, restrict, or otherwise act on User Content containing audio that may infringe third-party rights. Your use of audio content is also subject to our Music and Audio Content Policy, which is incorporated into this Agreement by reference.

You are responsible for selecting the visibility settings available for your User Content. Content you designate as public may be viewed, discovered, indexed, shared, or accessed by other users and third parties. We do not guarantee that any User Content will remain available, achieve any particular visibility or engagement, or be compatible with every device, platform, or third-party service. You may be able to delete or change the visibility of User Content within the Services. Deleting or restricting content on HeyRuby will not necessarily remove copies that were previously downloaded, exported, shared, cached, or stored by other Users or third parties.

Once you make User Content available to other Users through the Services, other Users’ rights in your User Content shall be governed by Section 9 and your User Content shall be deemed Platform Content for other Users.

9. Platform Content

“Platform Content” means all episodes, video clips, short-form dramas, micro-series, trailers, thumbnails, audio tracks, scripts, artwork, metadata, and related materials made by or licensed from third parties, and made available for your viewing or otherwise accessible through the Services, which includes User Content that Users make available through the Services.

Access to Platform Content may be temporary and conditional. Even if you use HeyRuby Tickets, subscribe to our Subscription Services, tip a creator, or otherwise pay for access to our Services, you do not own the Platform Content and you are not guaranteed permanent access to any episode, microdrama, clip, creator content, or other Platform Content or related material.

Access to Platform Content is granted to you solely under the limited, personal, non-transferable license described in your subscription plan or purchase. This license does not include:

• •
  The right to download, copy, capture, store, or record Platform Content outside the Services except where an explicit download feature is provided within the Services.
• •
  The right to redistribute, re-upload, rehost, republish, share publicly, broadcast, transmit, post on social media, embed on third-party sites, or otherwise make Platform Content available to any person who has not obtained it through the Services.
• •
  The right to sell, sublicense, rent, lease, or transfer Platform Content or any rights in it to any third party.
• •
  The right to create derivative works from Platform Content for distribution outside the Services without written permission from us or the applicable rights holder.

Any Platform Content released, posted, distributed, or published outside the Services without written authorization from us is a breach of this Agreement and, where applicable, an infringement of our rights, the rights of the applicable rights holder, or third-party licensors, and may expose the responsible party to civil liability, including claims for damages, disgorgement of profits, injunctive relief, and attorneys' fees and costs.

Your access to Platform Content is provided under this Agreement and may be limited through technical access controls such as authentication, signed delivery URLs, and paywall gates. Downloading, capturing, redistributing, or making Platform Content available outside the Services without written authorization from us or the applicable rights holder is a breach of this Agreement and a circumvention or abuse of those technical access controls, whether or not any underlying work is protected by copyright. We may enforce this prohibition through contract remedies, anti-circumvention and computer-abuse laws, copyright law where it applies, and the rights of our licensors.

When you download, export, or share Platform Content outside the Services, as expressly permitted by this Agreement, you are responsible for complying with applicable law, third-party platform rules, and any rights or restrictions that apply to the Platform Content.

HeyRuby owns, or holds exclusive rights in, its original creative contributions to Platform Content, including restoration, remastering, recoloring, editing, sound work, subtitling, packaging, compilations, curation, metadata, artwork, and branding, as well as Platform Content that HeyRuby creates for itself or third-party content created on behalf of HeyRuby. Other Platform Content is licensed to us by third-party rights holders, such as Users, who retain their rights. Some Platform Content may be derived from or incorporate underlying works whose copyright status varies by work and by jurisdiction. We do not claim copyright ownership of underlying public-domain works themselves, but we do claim and reserve all rights in our own original contributions, its compilations, packaging, and presentation, and the Services through which Platform Content is delivered. Platform Content and the Services are protected by copyright, trade secret, and other applicable intellectual property laws to the extent those protections apply.

Creator Content and Monetization. The Services may allow eligible creators to upload, publish, promote, and monetize microdramas, videos, templates, prompts, creative assets, or related content through HeyRuby features made available by us. Creators who upload or monetize content must also accept the HeyRuby Creator Agreement, which governs royalty rates, payout terms, exclusivity options, and creator representations in detail. If this Agreement and the Creator Agreement conflict, the Creator Agreement controls solely with regard to the conflict.

Creator compensation is not guaranteed. Any amounts shown in the Services are estimates unless and until finalized, approved, and paid by us or our payment provider. Compensation may depend on factors such as eligible views, valid Ticket usage, fraud checks, refund activity, chargebacks, platform fees, payment processing fees, taxes, rights disputes, moderation decisions, and compliance with this Agreement.

Creator payouts are processed through our payment processor. Creators must provide accurate payment, tax, identity, address, country, and compliance information before receiving any payout, including tax forms such as a W-9 or W-8 where required. We may delay, withhold, offset, reverse, or deny creator compensation or tips if we believe there is fraud, abuse, artificial engagement, rights infringement, illegal activity, payment risk, a chargeback, a tax or compliance issue, or violation of this Agreement.

When you publish or make content available through the Services, you authorize us to display, promote, distribute, make available, monetize, and otherwise use that content as reasonably necessary to operate the Services, provide viewer access, process tips, calculate creator compensation, perform moderation and safety review, and enforce this Agreement.

Unless we expressly agree otherwise in writing, publishing content through the Services does not transfer ownership of your content to us and does not give viewers ownership of your content. Viewers receive only the limited access rights described in this Agreement or in the applicable purchase or access flow.

You are responsible for ensuring that any content you upload, publish, or monetize is lawful, properly owned or licensed, compliant with our Community Guidelines, and safe for the rights and uses you make available through the Services. We may remove content, suspend monetization, reverse or withhold compensation, restrict accounts, or take other action if we believe content violates this Agreement, the Community Guidelines, applicable law, third-party rights, payment rules, creator program rules, or platform safety standards.

We may change creator compensation formulas, eligibility rules, payout schedules, fees, minimum payout thresholds, supported payment methods, and monetization programs prospectively, subject to the terms of the Creator Agreement. We will provide notice where required by law.

Where Platform Content is licensed from third-party rights holders, we may share evidence of infringing activity with those rights holders, who may independently pursue legal remedies.

10. Our Intellectual Property

Our Intellectual Property. We (and our licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by us. Our name, logo, and the product names associated with the Services are our trademarks or belong to third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to us through our suggestion, feedback, or similar pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to us a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback, except as otherwise required by law.

11. DMCA Policy

By entering into this Agreement, you understand and agree to abide by our DMCA Policy, which is incorporated into this Agreement by reference. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any content on our Services infringes on your copyrights, you may submit a notification pursuant to our DMCA Policy.

12. Content Review and Moderation

We may use human reviewers and automated systems to review, rate, filter, restrict, or remove content for quality, safety, legal, and policy reasons. We may take action on accounts or content that we reasonably believe violate this Agreement or applicable law. We are not obligated to monitor all content, and review does not guarantee that content is lawful or suitable for your use.

Good Samaritan Policy.

(a) It is the policy of the owners and operators of these Services to not tolerate any acts of intellectual property infringement or violations of U.S. law, nor to allow for any child pornography or obscene or defamatory material to be posted at these Services, nor to otherwise allow content in violation of our Community Guidelines to be posted to our Services. We will strive, in good faith, to purge or otherwise restrict the availability of material that is infringing, racist, sexist, obscene, harassing, or otherwise objectionable. The provisions of this Section are intended to implement this policy but are not intended to impose a contractual obligation on the owners or operators of these Services to undertake, or refrain from undertaking, any particular course of conduct.

Please note that some of the content of our platform may be derived from publicly available content or publicly available social media feeds provided by third parties. If your complaint relates to such content, please direct your complaint to the third party or social media platform directly.

(b) Complaint Procedure & Flagging Inappropriate Content. If you believe that someone has posted material at these Services which infringes the intellectual property or other rights of third parties or which is in violation of U.S. law or which is racist, sexist, obscene, harassing, defamatory, or otherwise objectionable or inappropriate, or which constitutes child pornography, or otherwise violates our Community Guidelines, we ask you to contact us at the following address: community@realgames.ai.

When emailing us to report inappropriate or infringing content, please provide as much detail as possible, including:

• i.
  the nature of the right infringed or violated (including the registration numbers of any registered copyrights, trademarks or patents allegedly infringed);
• ii.
  all facts which lead you to believe that a right has been violated or infringed;
• iii.
  the precise location where the offending material is located;
• iv.
  any grounds to believe that the person who posted the material was not authorized to do so or did not have a valid defense (including the defense of fair use); and
• v.
  if known, the identity of the person or persons who posted the infringing or offending material.

We are committed to responding to allegations of User Content and Platform Content in violation of this Agreement and seek to review all flagged User Content and Platform Content without undue delay. If you have any questions about this process, please contact us using the information at the bottom of this Agreement.

(c) Indemnification/Waiver of Certain Rights. By lodging a complaint, you agree that the substance of your complaint shall be deemed to constitute a representation made under penalty of perjury under the laws of the State of California. In addition, you agree, at your own expense, to defend us and indemnify us against any liability which we may incur by our response to your complaint.

(d) Waiver of Claims and Remedies. We expect visitors to take responsibility for their own actions, and we cannot assume liability for any acts of Users or third parties which take place at these Services. By this Agreement, you acknowledge that in establishing a complaint procedure we are taking on the role of a Good Samaritan and, in order to allow us to do our best, in good faith, to purge or otherwise restrict the availability of material that is infringing, racist, sexist, obscene, harassing, or otherwise objectionable, you agree to waive any claims or remedies which you might otherwise be able to make against us under any theory of law (including, but not limited to, intellectual property laws) arising out of or relating in any way to the content at these Services or our response, or failure to respond, to a complaint.

(e) Investigation/Right to Purge Postings. You agree that we have the right (but not the obligation) to investigate any complaint received and, at any time and for any reason, to remove any material which you post to these Services, with or without your permission, and with or without cause, in our sole discretion. By reserving this right, we do not undertake any responsibility in fact to remove content posted online, whether or not a complaint has been received.

(f) Remedial Actions. If we find User Content and/or Platform Content to violate this Agreement, we may take remedial actions, including, but not limited to, removing the User Content and/or Platform Content, demonetizing accounts that created it, deprioritizing the content, or banning the accounts that created or otherwise provided the infringing content.

13. Privacy

We have adopted a Privacy Policy outlining our personal data collection and use practices. Please refer to it for details about how we collect and use your personal data. By agreeing to the terms of this Agreement, you are automatically agreeing to our Privacy Policy, which is incorporated herein by reference.

14. Indemnification

You agree to indemnify and hold harmless HeyRuby and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content, including but not limited to your publishing, sharing, downloading, exporting, distribution or other rights claims relating to the User Content and any audio or music content you select, provide, incorporate, publish, share, or distribute; (b) your misuse of User Content, Platform Content, and/or the Services; (c) your violation of this Agreement; (d) your Platform Content, including but not limited to your publishing, sharing, downloading, exporting, distribution or other rights claims relating to the User Content and any audio or music content you select, provide, incorporate, publish, share, or distribute; or (e) your violation of any applicable laws, rules or regulations through or related to the use of the Services.

In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this Section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services. You agree that the provisions in this Section will survive any termination of your account, this Agreement, or your access to the Services.

15. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY THE LAW, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, OR THE TEXT, GRAPHICS OR LINKS.

WE DO NOT WARRANT THAT:

• (i)
  THE SERVICES WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR THE SERVICES ARE SECURE OR FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE;
• (ii)
  ANY CONTENT WILL BE NON-INFRINGING, LEGALLY COMPLIANT, OR FIT FOR COMMERCIAL USE;
• (iii)
  ANY AUDIO, MUSIC, OR RIGHTS CLAIM MADE BY A USER IS LAWFUL, LICENSED, VALID, OR ENFORCEABLE;
• (iv)
  AI CONTENT WILL BE ACCURATE, UNIQUE, AVAILABLE, OR PROTECTABLE;
• (v)
  USER CONTENT OR PLATFORM CONTENT WILL ACHIEVE ANY PARTICULAR LEVEL OF VISIBILITY, ENGAGEMENT, VIRALITY, OR BUSINESS RESULT; AND,
• (vi)
  CONTENT AVAILABLE THROUGH THE SERVICES WILL REMAIN AVAILABLE OR BE SUITABLE FOR ANY PARTICULAR USE.

IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.

ANY USE OF OUTPUTS FROM OUR AI FEATURES IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUTS AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

WE MAKE NO REPRESENTATION THAT THE SERVICES OR ITS CONTENT ARE APPROPRIATE OR AVAILABLE IN EVERY JURISDICTION OR LOCATION, AND WE MAY RESTRICT AVAILABILITY IN CERTAIN JURISDICTIONS OR LOCATIONS.

16. Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL HEYRUBY BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR DATA BREACH, OR (B) ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES (INCLUDING ATTORNEYS’ FEES) IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE TWO (2) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

17. Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”

(a) Scope of Arbitration Agreement. You and HeyRuby agree that any dispute or claim that has arisen or may arise or relate in any way to your access or use of the Services or as a consumer of our services, to any advertising or marketing communications regarding us or our Services, to any products or services sold or distributed through the Services that you received as a consumer, or to any aspect of your relationship or transactions with us, or to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, or any other dispute with us (including, without limitation, any claim based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or HeyRuby may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement is intended to be broadly interpreted. This Arbitration Agreement shall apply, without limitation, to all claims or disputes that arose or were asserted before the Effective Date of this Agreement.

IF YOU AGREE TO ARBITRATION WITH HEYRUBY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST US IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

(b) Informal Resolution. You and HeyRuby agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and HeyRuby therefore agree that, before either you or HeyRuby demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of its, his, or her intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify HeyRuby that you intend to initiate an informal dispute resolution conference, email legal@realgames.ai, providing your username associated with your account (if any), the email address associated with your account (if any), and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph. If you and HeyRuby do not resolve any dispute by informal negotiation within 60 days of the initial informal dispute resolution conference, then either of the parties may, by notice to the other, demand arbitration under the supervision of JAMS, in accordance with this Arbitration Agreement.

(c) Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To initiate an arbitration proceeding, you must file a demand letter with JAMS in accordance with the applicable rules and must send a copy of the demand letter to our registered agent, CT Corporation, 330 N. Brand Blvd, Suite 700, Glendale, CA 91203. The arbitration will be conducted by JAMS under its rules and pursuant to the terms of this Agreement. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and Procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com (under the Rules & Clauses tab) or by calling JAMS at 800-352-5267. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the county where you live or at another mutually agreed location.

(d) Arbitration Fees and Costs. Payment of all filing, administration, and arbitration fees will be governed by JAMS’s rules. If you initiate an arbitration in accordance with this Arbitration Agreement, you will be required to pay JAMS’s filing fee, currently $250. If the arbitrator finds that you cannot afford to pay JAMS’s filing fees and cannot obtain a waiver of fees from JAMS, we will pay them for you. You will not be responsible for paying any other fees charged by JAMS for the arbitration, other than the filing fee; all other fees or expenses charged by JAMS will be paid by us. We reserve the right to seek an award of our attorneys’ fees, costs, and expenses to the fullest extent permitted by applicable law, including where applicable law permits such an award based on a finding that a claim was frivolous, brought or maintained in bad faith, brought for purposes of harassment, or otherwise warrants an award of fees or sanctions. The arbitrator may also impose sanctions, including attorneys’ fees and costs, to the extent authorized by the applicable JAMS rules and applicable law. Nothing in this Arbitration Agreement requires you to reimburse us for any JAMS or arbitrator fees that JAMS or applicable law requires us to bear or authorizes an award of attorneys’ fees or costs against you solely because you do not prevail. If JAMS is not available to arbitrate, the parties will cooperate in good faith to select an alternative arbitral forum.

(e) Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and HeyRuby. Notwithstanding the class-action waiver in this Arbitration Agreement, if multiple individual arbitration demands are filed that involve materially similar or overlapping facts or legal issues and are submitted by the same counsel or coordinated counsel, either party may request that JAMS or the arbitrator implement administrative coordination procedures to promote efficiency. Such procedures may include: (1) assignment of related matters to the same arbitrator; (2) coordinated or consolidated scheduling, discovery, or motion practice; (3) joint resolution of common issues of law or fact; and (4) any other procedures permitted under applicable law and the JAMS Rules that reduce duplication while preserving the individual nature of each claim, including but not limited to batching. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and HeyRuby.

(f) Waiver of Jury Trial. YOU AND HEYRUBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and HeyRuby are instead electing to have claims and disputes resolved by arbitration, except as specified in Subsection (a) above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

(g) Waiver of Class or Consolidated Actions. YOU AND HEYRUBY AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor HeyRuby is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in the venue Section below.

(h) Bellwether Process. If ten (10) or more similar arbitration demands are filed by the same law firm or organization, acting alone or in coordination, the arbitrator may direct that a reasonable number of individual cases proceed first as bellwether matters, with the remaining cases stayed pending those outcomes and any associated filing or administrative fees deferred until the stay is lifted. These procedures are solely for administrative efficiency and do not authorize class, collective, representative, or aggregated proceedings; each claim must remain an individual arbitration. No arbitration may be conducted as a class, collective, representative, or aggregated proceeding, unless expressly authorized in this Arbitration Agreement, and no arbitration will be combined with another for purposes of adjudicating the merits of multiple claims together without the prior written consent of all parties.

(i) Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor HeyRuby can force the other to arbitrate as a result of this Agreement. To opt out, you must notify HeyRuby in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your email address (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: legal@realgames.ai. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us. Our updates to the Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you previously agreed to the Agreement and did not validly opt out of arbitration. We will continue to honor any valid opt outs if you opted out of the Arbitration Agreement in a prior version of the Agreement.

(j) Survival. This Arbitration Agreement will survive any termination of your relationship with us.

(k) Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to us.

18. Exclusive Venue

To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and HeyRuby agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively within the State of California in courts situated in Orange County, California, or in federal court for the Central District of California.

19. Export Restrictions

You agree that applicable export, import, and sanctions laws govern your use of our Services. You shall not export or re-export, directly or indirectly, the Services in violation of these laws, or use the Services for any purpose prohibited by these laws including, without limitation, (i) into any country for which the United States has a trade embargo, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

20. Termination

You may stop using the Services at any time, and you may delete your account through your account settings. At our sole discretion, we may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.

21. General

(a) No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, HeyRuby, or any third-party provider as a result of this Agreement or use of the Services.

(b) Choice of Law. This Agreement is governed by the laws of the State of California consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.

(c) Severability. Except as otherwise provided herein, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, or our Privacy Policy, Community Guidelines, DMCA Policy, Creator Agreement, and any additional terms presented within the Services, each where applicable, and shall remain in full force and effect.

(d) Electronic Communications. For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.

(e) Entire Agreement. This Agreement, together with the Community Guidelines, our DMCA Policy, and our Privacy Policy, is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

(f) Waiver. Our failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of HeyRuby. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.

(g) Updates. We may update this Agreement from time to time. If we make material changes, we will provide reasonable notice, such as posting the updated Agreement with a new Effective Date. Your continued use of the Services after changes take effect means you accept the updated Agreement.

22. Contact Information

support@realgames.ai