Terms Of Service
Last updated on 10 Oct 2025
1. Introduction and Acceptance of Terms
Welcome to Raraland Inc. ("we," "us," "our," "Raraland," or the "Company"). These Terms of Service ("Terms") govern your access to and use of our platform, services, and website (collectively, the "Service").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
1.1 Definitions
For purposes of these Terms:
"Creator" means a user who publishes applications on the Service
"Customer" means an end user who purchases access to Creator applications
"Revenue Share" means the percentage of each transaction retained by Raraland Inc. as the platform fee
"Application" means a SaaS application created by a Creator using the Service
"Content" means any workflows, code, data, text, images, or other materials uploaded or created by users
2. Description of Service
Raraland Inc. operates Runcraft, a platform that enables users ("Creators") to transform automation workflows into full Software-as-a-Service (SaaS) applications by providing features including but not limited to payment processing, user authentication, hosting, and frontend interfaces. Creators can then offer these applications to end users ("Customers") through the platform.
3. Eligibility
You must be at least 18 years old and capable of forming a binding contract to use Runcraft. By using the Service, you represent and warrant that you meet these requirements.
4. Account Registration
4.1 Account Creation
To use certain features of the Service, you must create an account. You agree to:
Provide accurate, current, and complete information
Maintain and promptly update your account information
Maintain the security of your account credentials
Notify us immediately of any unauthorized access or security breach
4.2 Account Responsibility
You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to maintain account security.
4.3 Identity Verification
We may require identity verification before enabling certain features, including payment receipt. This may include government-issued ID, business documentation, bank account information, or other information required by our payment processors and applicable law. Failure to provide requested verification may result in limitation or suspension of Service features, including the ability to receive payments.
5. Revenue Share Model
5.1 Account and Platform Fees
Creators may currently create and publish applications on the Service at no upfront cost. We reserve the right to introduce account fees, subscription fees, listing fees, or other charges for use of the Service or specific features. Any such fees will be communicated with reasonable advance notice as specified in Section 17.
5.2 Revenue Share
When a Creator sells access to their application through the Service, we collect a percentage of each transaction as our platform fee ("Revenue Share"). The specific Revenue Share percentage applicable to your account will be clearly communicated to you in the Service and in communications from us. We reserve the right to modify the Revenue Share percentage with at least thirty (30) days advance written notice via email to your registered account email address. Changes to Revenue Share percentages will apply only to transactions occurring after the effective date of the change and will not retroactively affect existing subscriptions or prior transactions.
5.3 Payment Processing
All payments are processed through third-party payment processors, including but not limited to Stripe
Third-party payment processor fees (typically ranging from 2.9% + $0.30 per transaction, but varying by payment method, currency, and region) are deducted from each transaction before Revenue Share calculation
Creators receive net proceeds after both payment processor fees and Revenue Share are deducted
The calculation order is: Transaction Amount - Processor Fees = Net Amount; then Revenue Share is calculated on Net Amount
We are not responsible for any fees charged by third-party payment processors, processing times, payment processor terms, or processor-related disputes
Payment processing is subject to the terms and conditions of our payment processors
5.4 Taxes
You are responsible for determining and paying all applicable taxes related to your use of the Service and any revenue you earn through Runcraft, including but not limited to income tax, sales tax, VAT, GST, and any other applicable taxes or duties.
5.5 Third-Party Payment Provider Terms
By using the Service and receiving payments through the Service, you agree to be bound by the terms and conditions of our third-party payment processors, including Stripe's Connected Account Agreement and Services Agreement (available at stripe.com/legal) or equivalent terms for other payment processors we may use. We may update or change payment processors at any time with reasonable notice. You authorize us to share your information with payment processors as necessary to provide the Service.
5.6 Payment Structure and Tax Obligations
Payment processing is facilitated through our third-party payment processor. The specific payment structure, including merchant of record designation, will be determined by the payment processor's implementation and may vary by jurisdiction.
Creators are responsible for:
Accurate tax reporting of all income received through the platform
Determining and complying with applicable sales tax, VAT, GST, or other indirect tax obligations in jurisdictions where they have tax nexus
Compliance with applicable business licensing and regulatory requirements in their jurisdiction
Providing accurate tax documentation as required in Section 5.7
Consulting with tax professionals to understand their specific obligations
We may provide tools or information to assist with tax compliance, but Creators remain solely responsible for their tax obligations. We reserve the right to collect and remit taxes on behalf of Creators where required by law or payment processor requirements, and may adjust payments accordingly.
5.7 Tax Documentation
Creators must provide valid tax documentation before receiving payouts exceeding applicable reporting thresholds. U.S. persons must provide a completed W-9 form; non-U.S. persons must provide a completed W-8BEN or W-8BEN-E form. We will report payments to tax authorities as required by applicable law, including IRS Form 1099 reporting for U.S. persons. We may withhold required amounts from payments if tax documentation is not provided or if required by law. Creators are responsible for the accuracy of all tax information provided.
6. Creator Obligations
6.1 Creator Representations and Warranties
Creators represent, warrant, and covenant that all applications, workflows, and content they publish:
(a) Comply with all applicable laws, regulations, and industry standards
(b) Do not infringe, misappropriate, or violate any third-party intellectual property rights, including patents, copyrights, trademarks, trade secrets, or other proprietary rights
(c) Do not contain malicious code, viruses, trojans, worms, time bombs, or other harmful components
(d) Do not facilitate, enable, or encourage illegal activities or violate these Terms
(e) Are accurately and truthfully described in all marketing materials and function materially as advertised to Customers
(f) Do not violate any third-party terms of service, API terms, or usage policies
(g) Are created using rights and permissions that the Creator lawfully owns or has obtained through appropriate licenses
(h) Do not contain false, misleading, or deceptive statements or representations
(i) Comply with all applicable privacy laws and include appropriate privacy notices to Customers
(j) Do not process sensitive personal data (including health, financial, or biometric data) without appropriate legal basis and security measures
These representations and warranties are made as of the date of publication and deemed remade with each transaction. These warranties survive termination of your account.
6.2 Workflow Compliance
Creators are responsible for ensuring their automation workflows comply with all applicable third-party service terms and policies for any external services or APIs integrated into their workflows. This includes but is not limited to respecting rate limits, data usage restrictions, and prohibited use cases defined by third-party services.
6.3 Customer Support
Creators are responsible for providing reasonable support to their Customers regarding application functionality and features.
7. Prohibited Uses
You may not use the Service to:
Violate any laws or regulations
Infringe on intellectual property rights
Distribute malware, viruses, or harmful code
Engage in fraudulent activities or scams
Harass, abuse, or harm others
Impersonate any person or entity
Interfere with or disrupt the Service
Attempt to gain unauthorized access to any part of the Service
Scrape or collect data without authorization
Create applications that facilitate illegal activities
Violate export control laws or sanctions
Create content that is defamatory, obscene, or hateful
Engage in market manipulation or deceptive practices
Process payments for prohibited goods or services as defined by our payment processors
8. Intellectual Property
8.1 Creator Content
Creators retain ownership of their original workflows and content. By publishing on the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, cache, reproduce, display, perform, distribute, modify (for formatting or technical purposes), and create derivative works from your content as necessary to provide, maintain, improve, and promote the Service. This license continues for publicly available content for a period of thirty (30) days after account termination to allow for Customer access continuity and terminates for private content upon account closure, except as necessary to comply with legal obligations or as otherwise specified in Section 12.3.
8.2 Company Platform
The platform, including its code, design, features, branding, and technology, is owned by Raraland Inc. and protected by intellectual property laws including copyright, trademark, patent, and trade secret law. You may not copy, modify, distribute, reverse engineer, decompile, or create derivative works from any part of the platform without our express written permission.
8.3 Customer Data
Creators acknowledge that Customer data processed through their applications is subject to data protection laws. Creators are responsible for complying with applicable data protection requirements. Data ownership and processing rights are further specified in Section 9.
9. Privacy and Data Protection
Your use of Runcraft is also governed by our Privacy Policy, incorporated herein by reference. You agree to comply with all applicable data protection laws, including but not limited to GDPR, CCPA, and other regional privacy regulations.
9.1 Creator Privacy Obligations
Creators must:
Provide clear privacy notices to their Customers
Obtain necessary consents for data collection and processing
Implement appropriate security measures for Customer data
Respond to Customer data rights requests (access, deletion, portability, etc.)
Notify us promptly of any data breaches involving Customer data
9.2 Data Processing Terms
When you use the Service to collect or process personal data of your Customers, we act as a data processor (or service provider under certain laws) on your behalf, and you act as the data controller (or business). Our Data Processing Agreement ("DPA"), incorporated by reference into these Terms and available at [URL to be provided], governs this processing relationship and includes:
Details of data processing activities
Security measures and breach notification procedures
Sub-processor information
Data subject rights facilitation
Cross-border data transfer mechanisms
Audit rights
You represent and warrant that:
You have obtained all necessary consents and authorizations from your Customers
You have a lawful basis for processing under applicable data protection laws (such as consent, contract performance, or legitimate interest)
You have provided Customers with required privacy notices
You will comply with all data protection laws applicable to your use of the Service
10. Payment Terms
10.1 Pricing
Creators set their own pricing for applications. All prices must be clearly displayed to Customers before purchase, including any recurring billing terms, trial periods, and cancellation policies.
10.2 Refunds and Chargebacks
(a) Creators establish their own refund policies within the parameters allowed by applicable consumer protection laws and must honor those policies. Refund policies must be clearly communicated to Customers before purchase.
(b) When a refund is issued (whether by Creator, by us, or due to a chargeback), the Revenue Share is refunded proportionally based on the refunded amount. However, payment processor fees are non-recoverable and remain the Creator's responsibility. For example, if a $100 transaction incurred a $3 processor fee and $20 Revenue Share (leaving Creator with $77), and the full amount is refunded, the Creator is responsible for $80 ($77 received + $3 non-recoverable processor fee).
(c) We reserve the right to issue refunds on a Creator's behalf in cases of:
Fraud or suspected fraudulent transactions
Terms of Service violations
Technical failures that prevent application functionality
Consumer protection law compliance
Payment processor requirements
At our sole discretion for customer service purposes
When we issue refunds on your behalf, you authorize us to:
Deduct refund amounts from your future payouts
Invoice you for negative balances if insufficient future payouts exist
Suspend payout processing until negative balances are resolved
(d) Creators are responsible for:
All chargeback fees charged by payment processors
Disputed transaction costs and associated administrative fees
Providing documentation and responding to chargeback disputes in a timely manner
Any losses resulting from chargebacks that cannot be recovered from future payouts
(e) We reserve the right to:
Suspend or terminate accounts with excessive chargeback or refund rates as determined by us or required by our payment processors
Increase Revenue Share percentage for high-risk accounts
Require reserves or delayed payouts for accounts with elevated dispute rates
Take other protective measures to mitigate fraud and chargeback risk
(f) Chargeback and refund thresholds, processes, and protective measures may be adjusted based on payment processor requirements and risk assessment.
10.3 Payout Schedule
Creator payouts are processed according to our published payout schedule, available in the Service. Standard payout schedules are typically weekly or monthly, subject to the minimum payout threshold. We reserve the right to modify payout schedules with reasonable notice based on operational needs or payment processor requirements.
10.4 Minimum Payout Threshold
Creators must meet the minimum payout threshold specified in the Service before funds are transferred. Amounts below the threshold will roll over to subsequent payout periods until the threshold is met.
10.5 Payment Holds and Reserves
We may delay payouts, hold reserves, or implement rolling reserves under the following circumstances:
(a) New Account Holds: New Creator accounts may be subject to payout delays of up to ninety (90) days to establish transaction history and mitigate fraud risk.
(b) Risk-Based Holds: We may hold or delay payouts for accounts that exhibit:
High chargeback rates (typically above 0.75% of transactions)
High refund rates (typically above 10% of transactions)
Unusual transaction patterns suggesting fraud
Customer complaints or quality issues
Sudden significant increases in transaction volume
(c) Violation Holds: Payouts may be held indefinitely for:
Suspected fraud or Terms violations under investigation
Legal holds, court orders, or law enforcement requests
Disputed ownership of account or intellectual property claims
Pending dispute resolution or arbitration
(d) Reserve Requirements: We may require reserves (a percentage of transactions held for a specified period) for high-risk categories, new accounts, or accounts with history of disputes. Reserve percentages and duration will be communicated in writing.
(e) Notice and Resolution: We will provide notice of holds when possible and legally permissible, except where:
Notification would interfere with fraud investigations
Prohibited by law enforcement or legal requirements
Immediate action is necessary to prevent harm
Held funds will be released when the underlying issue is resolved, risk factors are mitigated, or applicable hold periods expire, subject to our reasonable discretion and payment processor requirements.
11. Service Availability
11.1 Uptime
While we strive to provide reliable service with high availability, we do not guarantee uninterrupted or error-free access to the Service. The Service is provided "as is" with respect to availability and may be subject to scheduled maintenance, updates, or unforeseen interruptions. We will make commercially reasonable efforts to notify Creators of scheduled maintenance in advance.
11.2 Modifications
We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice. We will make reasonable efforts to provide advance notice of material changes that negatively impact core functionality, except where immediate changes are necessary for security, legal compliance, or technical reasons.
12. Termination
12.1 Termination by You
You may terminate your account at any time by contacting us at hey@rara.co or using account closure features available in your account settings. Termination does not relieve you of obligations for transactions that occurred prior to termination.
12.2 Termination by Us
We may suspend or terminate your account immediately, with or without notice, if you:
Violate these Terms or any applicable laws
Engage in fraudulent activity or payment abuse
Create applications that harm users, violate laws, or violate third-party rights
Fail to pay applicable fees, Revenue Share, or amounts owed
Engage in behavior that damages the Company's reputation or the platform
Provide false or misleading information
Accumulate excessive chargebacks or refunds
Fail to respond to our communications regarding compliance matters
Engage in activities that create legal or security risks for the platform
12.3 Effect of Termination
Upon termination:
Your access to the Service will be immediately revoked
Outstanding Revenue Share obligations, refund liabilities, and any other amounts owed remain due and payable
We may retain your data as required by law, for fraud prevention, dispute resolution, audit purposes, or other legitimate business purposes for up to seven (7) years
Published applications may be removed from the platform, subject to a reasonable wind-down period for active Customer subscriptions (typically 30 days) unless termination is due to fraud or severe violations
We will provide you with reasonable opportunity (up to 30 days) to export your Customer data, except where prohibited by law or where termination is due to fraud or security violations
You remain bound by provisions that by their nature should survive termination, including intellectual property licenses granted to us, indemnification obligations, limitation of liability, dispute resolution, and confidentiality obligations
We may provide notice to your Customers regarding application discontinuation as we deem appropriate
13. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT FOR CORE PAYMENT PROCESSING, AUTHENTICATION, AND HOSTING FUNCTIONS WHICH WE WARRANT WILL PERFORM MATERIALLY AS DESCRIBED IN OUR DOCUMENTATION, SUBJECT TO THE LIMITATIONS IN SECTION 14.
WE DO NOT WARRANT THAT:
The Service will be uninterrupted, secure, or error-free
Results obtained from the Service will be accurate or reliable
Any errors in the Service will be corrected
The Service will meet your specific requirements
Any content or data will be accurate, complete, or current
Third-party services integrated with the Service will be available or functional
WE DISCLAIM ANY WARRANTIES REGARDING:
Third-party services, APIs, or integrations
Creator applications or content
Customer behavior or satisfaction
Revenue or profitability of Creator applications
Compatibility with future platform updates
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You may have other legal rights that vary by jurisdiction.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
14.1 Exclusion of Damages
RARALAND INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
Loss of profits, revenue, or business opportunities
Loss of data or information
Loss of use of the Service
Loss of goodwill or reputation
Business interruption
Cost of substitute services
Any other commercial or economic loss
WHETHER ARISING OUT OF OR RELATED TO:
Your use of or inability to use the Service
These Terms or any breach thereof
Creator applications or content
Customer disputes or chargebacks
Payment processing issues
Third-party services or integrations
Unauthorized access to or alteration of your data
Any other matter relating to the Service
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE).
14.2 Cap on Liability
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATED TO THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF REVENUE SHARE PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) FIVE HUNDRED DOLLARS ($500)
14.3 Essential Purpose
YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND RARALAND INC., AND THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
14.4 Jurisdictional Limitations
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.
14.5 Exclusions
Nothing in these Terms excludes or limits our liability for:
Death or personal injury caused by our negligence
Fraud or fraudulent misrepresentation
Gross negligence or willful misconduct
Any liability that cannot be excluded or limited under applicable law
15. Indemnification
15.1 Your Indemnification Obligations
You agree to indemnify, defend (at our option), and hold harmless Raraland Inc. and its affiliates, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all third-party claims, demands, actions, suits, proceedings, losses, liabilities, damages, settlements, judgments, costs, and expenses (including reasonable attorneys' fees and legal costs) arising from or relating to:
(a) Your use or misuse of the Service (b) Your violation of these Terms or any applicable law, regulation, or third-party right (c) Your applications, workflows, or content, including any claims that they infringe or violate any intellectual property rights, privacy rights, or other rights of any third party (d) Your violation of any third-party service terms, API agreements, or usage policies (e) Claims brought by your Customers, including claims related to product liability, false advertising, fraud, breach of contract, or violation of consumer protection laws (f) Your failure to comply with tax, regulatory, or licensing obligations (g) Data breaches or security incidents caused by your applications or failure to implement appropriate security measures (h) Your representations and warranties in these Terms being false, inaccurate, or breached (i) Your processing of personal data in violation of applicable privacy laws (j) Any negligent or willful misconduct by you or anyone acting on your behalf (k) Any amounts owed to us by you, including Revenue Share, refunds, chargebacks, or fees
15.2 Indemnification Procedures
We will:
Provide you with prompt written notice of any claim subject to indemnification (provided that delay in notice does not relieve your obligations except to the extent you are materially prejudiced)
Allow you to assume control of the defense and settlement of the claim using counsel reasonably acceptable to us
Provide reasonable cooperation in the defense at your expense
You may not settle any claim that:
Admits liability on our behalf
Imposes obligations on us
Requires us to pay any amounts
Includes any non-monetary relief affecting us
without our prior written consent, which will not be unreasonably withheld.
15.3 Survival
Your indemnification obligations survive termination of these Terms and your account.
16. Dispute Resolution
16.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. For users in jurisdictions with mandatory consumer protection laws that cannot be waived by contract, nothing in these Terms limits rights provided under those laws.
16.2 Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Service (collectively, "Disputes"), shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules then in effect, except as modified by this Section.
Arbitration Process:
The arbitration shall be conducted by a single arbitrator in New Castle County, Delaware, unless the parties agree to video conference proceedings
The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations
The arbitrator may award any relief that a court could award, including attorneys' fees when authorized by law
The arbitrator's decision is final and binding, and judgment may be entered in any court of competent jurisdiction
Cost Allocation:
Each party shall bear its own attorneys' fees and costs unless the arbitrator awards them to the prevailing party as permitted by law
For claims under $10,000, we will pay all arbitration filing fees exceeding the cost of filing a lawsuit in court
The arbitrator may allocate costs differently if required to avoid the arbitration being cost-prohibitive
Small Claims Court Exception: Either party may bring an individual action in small claims court instead of arbitration if the claim qualifies and remains in small claims court.
Injunctive Relief Exception: Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.
Opt-Out Right: You may opt out of this arbitration agreement by sending written notice to Raraland Inc., Attn: Legal Department, [Physical Address], within thirty (30) days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, all other terms of these Terms still apply, and Disputes will be resolved in court as specified in Section 16.4.
16.3 Class Action Waiver
YOU AND RARALAND INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class, consolidated, or representative proceeding. If this class action waiver is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed and brought in court rather than arbitration, while all other claims shall be arbitrated.
16.4 Jurisdiction and Venue (If Arbitration Does Not Apply)
If for any reason a Dispute proceeds in court rather than arbitration (including if you opt out of arbitration or if the arbitration agreement is found unenforceable), you agree to exclusive jurisdiction and venue in the state and federal courts located in New Castle County, Delaware, and waive any objection to such jurisdiction or venue.
16.5 Time Limitation
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or the Service must be filed within one (1) year after such claim or cause of action arose, or it will be permanently barred.
17. Changes to Terms
We may modify these Terms at any time. We will provide notice of material changes by:
Sending email notification to your registered account email address at least thirty (30) days before the effective date of changes
Posting an updated version of these Terms on the Service with the "Last Updated" date changed
Displaying a prominent notice on the Service
Your continued use of the Service after the effective date of changes constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and may terminate your account as described in Section 12.1.
Changes to dispute resolution terms (Section 16) do not apply to Disputes that arose before the change, unless you affirmatively agree to the new terms.
18. General Provisions
18.1 Entire Agreement
These Terms, together with our Privacy Policy, Data Processing Agreement, and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Raraland Inc. regarding the Service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
18.2 Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be reformed to the minimum extent necessary to make it enforceable while preserving its intent, or if reformation is not possible, severed from these Terms. The remaining provisions will continue in full force and effect and will not be affected by the invalid or unenforceable provision or by its severance.
18.3 Waiver
Our failure to enforce any provision of these Terms, or to exercise any right or remedy available to us, does not constitute a waiver of that provision, right, or remedy, nor does it prevent us from enforcing that provision or exercising that right or remedy in the future. Any waiver must be in writing and signed by an authorized representative of Raraland Inc. to be effective.
18.4 Assignment
You may not assign, transfer, or delegate these Terms or any rights or obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any attempted assignment in violation of this provision is void.
We may freely assign these Terms and any rights or obligations hereunder to:
Any affiliate or subsidiary
Any successor by merger, acquisition, or sale of assets
Any entity in connection with a change of control transaction
Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.
18.5 Force Majeure
We are not liable for any failure or delay in performance of our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to:
Acts of God, natural disasters, extreme weather, earthquakes, fires, or floods
War, terrorism, civil unrest, riots, embargoes, or acts of civil or military authorities
Pandemics, epidemics, or public health emergencies
Strikes, labor disputes, or shortages of transportation, facilities, fuel, energy, labor, or materials
Failures or disruptions of third-party hosting providers, telecommunications services, internet service providers, or payment processing services
Government actions, laws, regulations, or orders
Cyberattacks, denial of service attacks, or other malicious technical attacks
Power outages or failures of technical infrastructure beyond our control
During any such event, our performance obligations are suspended for the duration of the force majeure event. We will use commercially reasonable efforts to mitigate the effects and resume performance as soon as reasonably practicable.
18.6 Relationship of Parties
Nothing in these Terms creates a partnership, joint venture, agency, franchise, employment, or fiduciary relationship between you and Raraland Inc. You have no authority to bind us or make representations on our behalf.
18.7 Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than the parties to these Terms and their permitted successors and assigns. The indemnification provisions in Section 15 also benefit our affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers.
18.8 Notices
All notices required or permitted under these Terms must be in writing and will be deemed given when:
Delivered personally
Sent by confirmed email to the email address associated with your account (for notices to you) or to hey@rara.co (for notices to us)
Sent by certified or registered mail, return receipt requested
Delivered by a nationally recognized overnight courier service
You are responsible for keeping your email address current in your account settings.
18.9 Language
These Terms are drafted in English. Any translations are provided for convenience only. In the event of any conflict between the English version and a translation, the English version controls.
18.10 Export Controls and Sanctions
You represent and warrant that:
You are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions)
You are not identified on any U.S. government restricted party list, including the Treasury Department's List of Specially Designated Nationals and Blocked Persons (SDN List), the Commerce Department's Denied Persons List, Entity List, or Unverified List
You will not use the Service in violation of any U.S. export control or sanctions laws or regulations
We may use IP address filtering, geolocation technology, and other technical means to prevent access from prohibited jurisdictions. We may screen users and transactions against applicable sanctions lists and may suspend or terminate accounts if screening indicates a potential violation.
19. Contact Information
For questions about these Terms, please contact us at:
Raraland Inc.
Email: hey@rara.co
For DMCA notices or copyright infringement claims, see Section 20 below.
20. Copyright Infringement (DMCA)
Raraland Inc. respects the intellectual property rights of others and expects users to do the same. We comply with the Digital Millennium Copyright Act (DMCA) and will respond to valid notices of copyright infringement.
20.1 Designated DMCA Agent
Our designated agent for notices of claimed copyright infringement is:
DMCA Agent
Raraland Inc.
Email: hey@rara.co
We recommend also registering a designated agent with the U.S. Copyright Office as required by the DMCA for full safe harbor protection.
20.2 Filing a DMCA Takedown Notice
If you believe that content on the Service infringes your copyright, you may submit a written notice to our DMCA Agent containing the following information as required by 17 U.S.C. § 512(c)(3):
(a) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest
(b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity, with information reasonably sufficient to permit us to locate the material (such as the URL or specific description of where the material appears on the Service)
(d) Your contact information, including your address, telephone number, and email address
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Please note: Submitting a fraudulent or bad faith DMCA notice may result in legal liability for damages, costs, and attorneys' fees under 17 U.S.C. § 512(f).
20.3 DMCA Counter-Notice Procedure
If you believe that content you posted was removed or disabled by mistake or misidentification, you may file a counter-notice with our DMCA Agent containing the following information as required by 17 U.S.C. § 512(g)(3):
(a) Your physical or electronic signature
(b) Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled
(c) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification
(d) Your name, address, telephone number, and email address
(e) A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or the District of Delaware if your address is outside the United States), and that you will accept service of process from the person who provided the original DMCA notice or an agent of such person
Upon receipt of a valid counter-notice, we will forward it to the party who submitted the original DMCA notice. If that party does not notify us within ten (10) business days that they have filed a court action to restrain the allegedly infringing activity, we may restore the removed content at our discretion.
20.4 Repeat Infringer Policy
In accordance with the DMCA and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, accounts of users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
20.5 General Copyright Policy
We reserve the right to remove any content that we believe in good faith infringes copyright, whether or not we receive a formal DMCA notice. We also reserve the right to terminate accounts that we believe, in our sole discretion, are involved in copyright infringement.
20.6 No Obligation to Monitor
We have no obligation to monitor content on the Service for copyright infringement. However, we reserve the right to review content and remove or disable access to content that we believe violates these Terms or applicable law.
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.