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Legal terms and conditions

Last Updated: February 25, 2026

Acceptance of the Terms and Conditions

These terms and conditions are entered into by and between you and Ryca Solutions, Inc. ("Company", "we", or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms and Conditions"), govern your access to and any websites (the "Website") and web applications (the "Platform") operated by the Company, including but not limited to:

  • https://ryca.io/
  • https://planttoolbox.com/
  • https://stickyticketparking.com/

the Company's software platforms, applications, and related modules, any customizations, configurations, or integrations provided to you, and any other content, functionality, and services offered on or through the Services, whether as a guest or a registered user.

Please read these Terms and Conditions carefully before you start to use the Website and/or Platform. By using the Website and/or the Platform or by clicking to accept or agree to these Terms and Conditions when this option is made available to you, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, found at https://ryca.io/privacy.html, and incorporated herein by reference. If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Website or Platform.

This Website and Platform are offered and available to users who 18 years of age or older. By registering for or using any services offered through this Website, including the Platform, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet all of these requirements, you must not access or use the Website.

The Platform

The Platform, which is available via the Website, consolidates production data and analytics into a single, integrated system and gives users complete control and visibility over their entire production process. The Platform provides both data collection and storage functionalities and generates various analyses of and action plans using user data (collectively, "Analyses").

License to Use the Platform and Related Rights

Subject to and conditioned upon your payment of all Fees (defined below) and your strict compliance with these Terms and Conditions, when you register to use the Platform, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Platform solely as set forth herein. This license grants you the right to:

  • Use the Platform and any Analyses generated by the Platform, in accordance with these Terms and Conditions and solely for your personal or internal business purposes.
  • Download any Analyses generated by the Platform, and distribute them internally.
  • If you are an entity, provide login information to one or more authorized users within your organization ("Authorized Users") to use the Platform in connection with your business purposes. Please note that individual subscribers are prohibited from sharing their account and/or login information with third parties.

Except as otherwise provided herein, you shall not, and shall not require any of your Authorized Users (if applicable), to directly or indirectly:

  • use the Platform in a manner that is beyond the scope of the license granted to you;
  • provide any other third party, including any subcontractor, independent contractor, affiliate, or service provider, with access to or use of the Platform through your account;
  • modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Platform or any part thereof;
  • combine the Platform or any part thereof with, or incorporate the Platform or any part thereof in, any other programs;
  • reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Platform or any part thereof;
  • remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or with the Platform or any Analysis, including any copy thereof;
  • except as otherwise provided herein, copy the Platform or any Analyses;
  • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform to any third party for any reason;
  • use the Platform or any Analyses in violation of any law, regulation, or rule; or
  • use the Platform or any Analyses for purposes of competitive analysis of the Platform, the development of a competing software product or service, or any other purpose that is to the Company's commercial disadvantage.

You are responsible and liable for all uses of the Platform through your account, as well as any Analyses produced using the Platform. Without limiting the generality of the foregoing, you are responsible and liable for all actions and failures to take required actions with respect to the Platform by your Authorized Users (if applicable) or by any third party to whom you or an Authorized User (if applicable) may provide access to or use of the Platform and/or Analyses, whether such access or use is permitted by or in violation of these Terms and Conditions.

You acknowledge and agree that the Platform and all Analyses, excluding any User Content (defined below) contained therein, are provided under license, and not sold, to you. You do not acquire any ownership interest in the Platform or any Analyses under your license or any other rights thereto, other than to use the same in accordance with the license granted and subject to all terms, conditions, and restrictions under these Terms and Conditions. If you acquire any rights in the Analysis by operation of law or otherwise, Licensee hereby irrevocably assigns such rights to Licensor without further action by either party. The Company reserves and shall retain its entire right, title, and interest in and to the Platform and all Analyses produced through the Platform, and all intellectual property rights arising out of or relating to the Platform and such Analyses, except as expressly granted to you under these Terms and Conditions.

You hereby grant the Company, its affiliates, and their respective successors and assigns hereto a limited, non-exclusive, royalty-free, worldwide right and license to display, download, modify, alter, create derivative works, reproduce, use, perform, distribute, store, and transmit all content and data, including any inventory, quality metrics, operations information, supply stream data or other information submitted through the Platform by you or your Authorized Users (collectively, "User Content") in connection with providing and maintaining the services rendered to you through the Platform. You hereby represent, warrant and covenant that you have obtained and have been effectively granted all necessary rights by any affected third parties (if applicable) which are necessary for the foregoing license grant.

The Company will maintain record and account level indicators and permission architectures that identify your account and ensure that all User Content uploaded by you is logically separated from data from other accounts. The Company will only use such User Content in accordance with the license granted above to provide you the services through the Platform. Your User Content is subject to obligations of confidentiality, as described in the section titled "Confidentiality," below.

Accessing the Website and Platform; Account Security

We reserve the right to withdraw or amend this Website and the Platform, and any service or material we provide on the Website or the Platform, in our sole discretion without notice. From time to time, we may restrict access to some parts of the Website or Platform, or the entire Website or Platform, to users, including registered users of the Platform.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website and Platform.
  • Ensuring that all persons who access the Website and/or Platform through your internet connection are aware of these Terms and Conditions and comply with them.

To access the Website, Platform or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website and in registering for an account is correct, current, and complete. You agree that all information you provide to register with this Website, the Platform or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy https://ryca.io/privacy.html, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures and account registration, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and, except as otherwise provided herein, agree not to provide any other person with access to this Website, the Platform or portions of the Website or Platform using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

Payment

For access to and use of the Platform, you may be required to provide your credit card or other bank account information and pay the Company such fees ("Fees") as set forth on our Website, which are subject to change from time to time. You hereby authorize the Company to bill such payment method in accordance with the terms of the applicable payment plan you select. Posted prices do not include taxes or other charges. All such taxes and charges will be added to your total and will be itemized in your bill and/or invoice.

The Company may offer various subscription-based license packages. Current offerings can be found on our Website or by contracting Ryca and are subject to change from time to time.

The Company may assess a set-up fee if you require any customization of or integration to the Platform to meet your needs. The Company may also assess a data storage fee, to be calculated based on the duration of such storage. You acknowledge that these fees are calculated based on and specific to your needs. You agree to pay all such fees when assessed, which are subject to change from time to time.

You authorize the Company to maintain your credit card and/or bank account information and automatically charge that credit card or account each month or year until your license expires or is terminated. You can cancel your license at any time by contacting us at support@ryca.io or through your account profile on the Website. You must cancel your license at least 30 days prior to the next billing cycle to avoid charge for the next billing cycle. In the event that the Company is unable to charge your account as authorized by you when you registered for the Platform, the Company, may, in its sole discretion: (i) bill you and suspend your access to the Platform until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you.

Per-analysis licenses are billed on either a monthly or yearly basis, in accordance with the package you select.

We reserve the right to change the Fees, including any set-up and storage fees, anytime without notice. Your continued use of the Platform after a price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Platform other than U.S. taxes based on the Company's net income.

Intellectual Property Rights

The Website, the Platform and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company (or its licensors) and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or the Platform, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print, copy and download any Analyses and other documents prepared by the Platform for internal business use.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or Platform in breach of these Terms and Conditions, your right to use the Website and Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website or Platform not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

Trademarks

The Company name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website and the Platform are the trademarks of their respective owners.

Prohibited Uses

You may use the Website and/or Platform only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website or Platform:

  • In any way that violates a license to use the Platform.
  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or Platform, or which, as determined by us, may harm the Company or users of the Website or Platform, or expose them to liability.

Additionally, you agree not to:

  • Use the Website and Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website and/or Platform, including their ability to engage in real time activities through the Website and/or Platform.
  • Use any robot, spider, or other automatic device, process, or means to access the Website and/or Platform for any purpose, including monitoring or copying any of the material on the Website or Platform.
  • Use any manual process to monitor or copy any of the material on the Website or Platform, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website or Platform.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or Platform, the server on which the Website is stored, or any server, computer, or database connected to the Website or Platform.
  • Attack the Website or Platform via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website or Platform.

Confidentiality

"Confidential Information" means any non-public, proprietary or confidential information or data disclosed by either the Company or you, regardless of the form of disclosure and whether or not marked or designated as "confidential". Confidential Information includes, but is not limited to, any information, technical data or know-how that relates to research, products, services, customers, markets, software, developments, inventions, processes, designs, drawings, engineering, marketing, finances, trade secrets, and User Content uploaded and stored by the Platform. "Confidential Information" does not include any information which: (i) is publicly available through no fault of the receiving party; (ii) was properly known to the receiving party, without restriction, prior to disclosure by the disclosing party; (iii) was properly disclosed to the receiving party, without restriction, by another person without violation of disclosing party's rights; or (iv) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information.

Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of these Terms and Conditions and it will not disclose such information to any third party without the other party's prior written consent, except as otherwise permitted hereunder. Each party agrees to exercise reasonable care in protecting the Confidential Information from unauthorized use and disclosure. Each party may disclose the Confidential Information of the other party, in whole or in part to its employees, representatives, actual or potential investors and subcontractors who have a need to know and are legally bound to keep such information confidential consistent with the terms of these Terms and Conditions. The receiving party may disclose the Confidential Information of the disclosing party as required by law, upon prior written notice to the disclosing party (where allowed by law), provided that the receiving party will use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law.

Within 5 days after a disclosing party's request, the receiving party shall return or destroy the disclosing party's Confidential Information; provided, however, that the receiving party shall be entitled to retain archival copies of the Confidential Information of the disclosing party solely for legal, regulatory or compliance purposes unless otherwise prohibited by law. Upon termination of your account, the Company will delete any Confidential Information associated with your account, including your User Content, upon your request in accordance with this section, or in accordance with our normal data retention and destruction policies.

The parties expressly acknowledge and agree that no adequate remedy exists at law for an actual or threatened breach of this Confidentiality section and that, in the event of an actual or threatened breach of the provisions of this section, the non-breaching party will be entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to it. Each party will promptly notify the other in writing if it becomes aware of any violations of the confidentiality obligations set forth in this section.

Reliance on Information

All information presented on or through the Website and the Platform, including all Analyses, is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or Platform, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including testimonials. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website or Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website or Platform may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

Information we collect about you on this Website and the Platform is subject to our Privacy Policy https://ryca.io/privacy.html. By using the Website or Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Other Terms and Conditions

Additional terms and conditions may also apply to specific portions, services, or features of the Website or Platform. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it (including the Platform) to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Otherwise take any action with respect to the materials on this Website or the Platform that is inconsistent with any other provision of these Terms and Conditions.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website and Platform is based in the State of Tennessee in the United States. We provide this Website and the Platform for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, the Website or our Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE (OR ON ANY WEBSITE LINKED TO IT) OR ANY REPORTS OR SALES PROPOSALS CREATED BY THE PLATFORM.

YOUR USE OF THE WEBSITE, THE PLATFORM, THEIR CONTENTS, AND ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE OR PLATFORM IS AT YOUR OWN RISK. THE WEBSITE, THE PLATFORM, THEIR CONTENTS, AND ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE OR PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, THE PLATFORM, THEIR CONTENTS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE AND/OR PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, THE COMPANY IS FOUND LIABLE DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IN NO EVENT WILL THE COMPANY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS EXCEED THE AGGREGATE AMOUNT OF FEES PAID OR PAYABLE BY YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THE FOREGOING DISCLAIMER WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your or your Authorized Users' breach or violation of these Terms and Conditions, or your or your Authorized Users' use of the Website and/or Platform, including, but not limited to, any use of the Website's or Platform's content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Website or Platform.

Arbitration and Class Waiver; Governing Law

  1. Pursuant to the Federal Arbitration Act (FAA), you and the Company agree that except as specifically provided in Paragraphs 3 and 6 below, all disputes of any nature whatsoever between you and the Company will be resolved by binding arbitration in accordance with the terms and procedures set forth below. Except as provided in Paragraphs 3 and 6 below, you and the Company each waive their rights to have any dispute between them decided by a court, judge or jury.
  2. The arbitration will be conducted in accordance with the Commercial Arbitration Rules ("Rules") of the American Arbitration Association (the "AAA"), except that the provisions of this Agreement to Arbitrate Disputes will control and take precedence in the event of any conflict or inconsistency between the AAA Rules and this Agreement. The AAA Rules are available for review on the AAA's website at https://www.adr.org/sites/default/files/Commercial%20Rules.pdf. The arbitrator will be a licensed attorney or retired judge with substantial experience in the law applicable to and underlying the dispute. Unless the parties otherwise agree, any hearing conducted in person as part of the arbitration will be held in the same county as the Company's principal place of business.
  3. All disputes between you and the Company will be resolved only on an individual basis. You and the Company each specifically agree that no dispute between them may be brought, heard, or arbitrated in any forum (whether as a judicial proceeding in court, as an administrative proceeding before an agency or other body, or in arbitration) as a class, collective, representative, or private attorney general action, and they further agree that neither you nor the Company may be a party or member in any such class, collective, or representative proceeding. The preceding sentence will hereafter be referred to as the "Class Action Waiver." Notwithstanding any other provision of these Terms and Conditions, any dispute regarding the validity, enforceability, or breach of the Class Action Waiver may be resolved only by a court and not by an arbitrator. In any case in which: (a) the dispute is filed as a class, collective, representative, or private attorney general action and (b) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to some or all of the claims or causes of action brought or asserted, the class, collective, representative and/or private attorney general action must to that extent be litigated in a civil court of competent jurisdiction, but the claims or causes of action with respect to which the Class Action Waiver is enforceable shall be resolved on an individual basis in arbitration.
  4. You and the Company will pay their own costs for the arbitration, including attorneys' fees, but the arbitrator may, in his or her final ruling, award the prevailing party some or all of its attorneys' fees. The arbitrator may issue orders allowing the parties to conduct discovery sufficient to allow each party to prepare that party's claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving claims. Documents shall be exchanged in accordance with the AAA Rules, and each side shall be allowed to conduct at least three (3) depositions. The filing of dispositive motions shall be permitted in the arbitration and shall not be disfavored, and the standard for deciding such motions shall be the same as under the provisions of the Federal Rules of Civil Procedure governing such motions. Except as otherwise provided in the AAA Rules, the arbitrator may award all remedies to which a party is entitled under applicable law. The decision or award by the arbitrator will be in writing and will contain findings of fact and conclusions of law.
  5. You or the Company may appeal the decision or award of the arbitrator pursuant to the AAA's Optional Appellate Arbitration Rules ("Appellate Rules"), and the decision or award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. The Appellate Rules are available for review on the AAA's website at https://www.adr.org/. Appeals must be initiated within thirty (30) days of receipt of the underlying decision or award, as provided in Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. The members of the Appeal Tribunal will be licensed attorneys or retired judges with substantial experience in the law applicable to and underlying the dispute. You and the Company will pay their own costs incurred in connection with any appeal, including attorneys' fees. The Appeal Tribunal may reallocate the fees and expenses of the appeal but only in accordance with applicable law that would have applied had the appeal been heard by an appellate court, as determined by the Appeal Tribunal. Following the appeal process, the decision rendered by the Appeal Tribunal may be entered as a final order in any court having jurisdiction.
  6. Notwithstanding the provisions of these Terms and Conditions, either you or the Company may, pending the initiation or completion of arbitration, seek and obtain from a court of competent jurisdiction any provisional injunctive relief to which you or the Company would otherwise be entitled under applicable law (a) to enforce the other party's obligations of confidentiality, or (b) to protect your or the Company's intellectual property rights. The court and not the arbitrator will determine the court's right and jurisdiction to hear and to grant or deny any such request for provisional injunctive relief.
  7. The FAA will govern any arbitration conducted between you and the Company. If the FAA is found not to apply, then the arbitration shall proceed under Tennessee law. These Terms and Conditions and the rights and obligations of you and the Company shall be governed, construed, and interpreted in accordance with Tennessee law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE OR PLATFORM MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.

Entire Agreement

These Terms and Conditions, our Privacy Policy and any other terms now or hereafter provided by the Company constitute the sole and entire agreement between you and the Company regarding the Website and Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and Platform.

Changes to these Terms and Conditions

We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and Platform thereafter.

Your continued use of the Website and/or Platform following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Your Comments and Concerns

The Website, including the Platform, is operated by Ryca Solutions, Inc. All other feedback, comments, requests for technical support, and other communications relating to the Website and/or Platform should be directed to: support@ryca.io.