The Evolution of Women-Owned Business Enterprises

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Disclaimer: Affiliate links are used in this blog post.  Please see our Affiliate Links policy in our Terms & Conditions page for additional details.

Did you know, the United States has 12.3 million women business enterprises, and these businesses generate $1.8 trillion a year? Approximately 40% of U.S. businesses are women-owned business enterprises, including our SaaS startup. Ruoom Inc. is a woman-led, woman-owned & co-founded startup. At Ruoom, we’re a small business whose mission is to provide a service to small businesses. Though many of the brands we mention in this blog are well-known global brands, remember that every company started with an idea at one point.

Despite the complexities and difficulties of last year, 64% of new women-owned businesses were started by women of color last year, from a net 1,821 new businesses every day of 2020. Looking at that statistic more in-depth, this shows that women of color led the growth of women-owned businesses. Statistics, facts, and numbers aside (sorry – we’re a team of engineers), we encourage you to support women-owned businesses, minority women-owned businesses, black women business owners, and economically disadvantaged women-owned small businesses.

We cover many women-owned businesses to give you plenty of options. Why? Because 62% of women entrepreneurs cite their business as their primary income source. So, supporting women-owned businesses supports powerful business women who also carry the title of mother, daughter, aunt, sister, grandmother, godmother, and plenty of other titles we honor every day.

Women Business Leaders: 2010 to Present Day

Extremely well-known brands we know of in 2021 once started small with just an idea or concept. Between 2007 and 2012, Latina women-owned business enterprises grew more than 87%, a significant expansion in only five years. Uncoincidentally, within this timeframe, two ubiquitous women founded lifestyle brands opened up shop and never looked back.

Identifying a gap in the beauty market for luxury, all-natural skincare companies, Tata and Henry Harper opened their own business in 2010, Tata Harper Skincare. Both originally from Barranquilla, Colombia, the duo had a few stints in Miami and NYC until finally relocating to a 1,200-acre organic farm in Vermont’s Champlain Valley, which now also serves at the production site for all Tata Harper Products. Now over a decade later, with a long list of celebrity and high-profile customers, her namesake brand is valued at more than $65M with Forbes calling Tata the “Queen of the green skincare movement.”

Tata Harper’s products are available just about anywhere that sells luxury beauty brands like Credo Beauty (US), Cult Beauty* (UK), or directly through Tata Harper Skincare, tataharperskincare.com.

*Also a female-founded company.

Many, if not most, companies are born out of the need to fulfill a personal need. The Honest Company, founded by actress Jessica Alba, sought to find alternative baby products after her first child’s birth in 2008. The consumer goods brands sell a variety of products marketed as eco-friendly and safe. In 2015, the company opened the Honest Beauty brand as a separate entity, launching 17 skincare products and 66 piece makeup range. The following year, the company was said to have made $250 million in sales, and by 2017, The Honest Company was valued just shy of $1 billion.

Honest Beauty is available at Target, Ulta Beauty, and directly through The Honest Company website, honest.com.

Both founders are examples of successful women business leaders that built global brands within the last decade. In present times, with direct marketing access to customers through social media, better business tools, and more options for crowdfunding and venture capital, there has been a massive growth in entrepreneurship, with approximately 114% more women entrepreneurs than 20 years ago. To keep with our chronological list, we show our support for women-owned business enterprises founded each year up until 2020.

Headquartered in New York City, Soko Glam is a curated online marketplace specializing in Korean beauty (K-beauty) products. The brand founded in 2012 by esthetician and author Charlotte Cho, revered as a prominent contributor to the widely popular K-beauty evolution in the U.S., and her husband, businessman, and retired army veteran, David Cho. The company is considered one of the biggest and most trusted providers of K-beauty products in the United States. Besides the online marketplace, the brand also runs the popular skincare blog, The Klog, and created two successful private label skincare brands: Then I Met You and Good (Skin) Days™. Both brands and other carefully curated K-beauty products are available through sokoglam.com.

It was once pretty challenging to find a mainstream, black-owned haircare brand committed to “clean” ingredients, but that changed in 2013 when Nancy Twine started Briogeo in her East Village Apartment in NYC. Rooted with her grandmother’s beauty recipes, Briogeo has grown into a haircare brand with eight different product lines and a growing legion of loyal patrons. Ms. Twine made history as the youngest black businesswoman to ever launch a line at Sephora. Briogeo’s products are available at Sephora, Ulta, or the brand’s website, briogeohair.com.

Founded by college friends Jordana Kier and Alexandra Friedman due to the lack of transparency around feminine care products. As consumers, Kier and Friedman had difficulty finding what they were looking for: honest disclosure on products, simplified design, and a way to integrate into busy lifestyles easily. LOLA offers 100% organic cotton tampons, provides ingredients on product packaging, and offers a subscription service to eliminate an errand run. LOLA has expanded its product offering to other reproductive health products and has extensive advocacy and give back programs, partnering with leading nonprofits supporting period equity and access. To date, LOLA has donated over 5 million period products to 501(c)(3) nonprofit I Support The Girls.

Last year, LOLA expanded to brick and mortar and can now be purchased Walmart. The brand sold more than 10 million feminine care products through Walmart since kicking off the partnership in March 2020. Of course, you can still order LOLA products and learn about their advocacy programs at mylola.com.

Daily Harvest was founded in 2015 by Rachel Drori. Daily Harvest is a prepared meal delivery service that sends customers ready-to-eat, frozen, vegan-based smoothies, veggie bowls (called Harvest bowls), flatbreads, plant-based milk, desserts, and snacks with minimal prep. The concept of ready-in-a-snap foods built on organic fruits and vegetables was, once again, built on the founder’s personal need for convenience without sacrificing nourishment. Since launching nationwide in 2016, Daily Harvest has become one of the fastest direct-to-consumer brands. In 2018, the company was named one of Fast Company’s “World’s Most Innovative Companies.”

The Daily Harvest website states they deliver to ’95 percent of the continental United States.’ To check if you’re in the delivery zone, visit daily-harvest.com.

Fulfilling a personal need was a family affair for Partake Foods. As an infant, the daughter of Denise Woodard, Vivienne, was diagnosed with severe food allergies. Ms. Woodard became frustrated with the lack of safe and delicious options. She decided to leave her long-time job at Coca-Cola to start Partake Foods. The brand creates products that are free of the top 12 allergens so everyone in the family can enjoy a delicious treat. Ms. Woodard is hugely active in promoting black women business owners, female entrepreneurship, and increasing the opportunity for women and people of color aspiring for careers in the food and beverage industry. Partake Foods created The Black Futures in Food & Beverage fellowship program, welcoming active juniors and above from HBCU interested in exploring a career in the sector of CPG food & beverages.

Partake products are available at major retailers such as Kroger, Target, Whole Foods, and directly at partakefoods.com.

This direct-to-consumer swimwear company is a generation-defining brand launched by former Washington University design professor and swimwear designer Lori Coulter and marketing and branding consultant, Reshma Chattaram Chamberlin. At a $95 price point with swimwear made from recycled materials, Summersalt created low-barrier to entry, approachable and well-designed products without the high-end designer price tag. Impressively data-driven, Summersalt took over 1.5 million body measurements from 10,000 women. Summersalt has built a loyal customer base in just a few short years and expanded its line to activewear, sleepwear, knitwear, and loungewear all available through summersalt.com.

A direct-to-consumer startup delivering high-quality, California-made olive oils, Brightland aims to give home cooks honest, top-quality olive oil that is as elevated as it looks. Founded by Aishwarya Iyer in 2018, when she discovered not every bottle of EVOO is created equal. The company meticulously looked at all details of olive oil distribution, from harvesting to packaging. Brightland olive oil is made from hand-picked, organic heirloom olives and harvested early. Once milled, the Brightland olive oil is packaged in a UV-powder-coated glass bottle, protecting the contents from light damage. Brightland olive oil has a sharper, peppery taste than conventional olive oil and more polyphenols – the antioxidants linked to lowering cholesterol and blood pressure. Taste aside, we eat with our eyes, and Brightland wins at olive oil branding. With sleek labeling and custom artwork, the all-white bottle immediately differentiates the brand well before a consumer even tastes the product. Order Brightland olive oil and vinegar products through retailers such as Food52 and directly through brightland.co.

Not every successful businesswoman has also mentored a Nobel Laureate, but that’s what Malala Fund co-founder, Shiza Shahid, was doing before launching kitchenware startup, Our Place. In 2016, newly married, Ms. Shahid found conventional cookware sets bulky, huge, and overwhelming. Along with her husband, Amir Tehrani, the couple spent two-years making sketches and working with product designers to create the Always Pan, a $145 multifunctional cookware item that has amassed a cult following. In April 2020, Oprah appointed the Always Pan one of her Favorite Things. Based in Los-Angeles, the company became profitable in April of last year (yes, during the pandemic!) and tracked to hit $20 million in revenue by the end of 2020. Learn more at fromourplace.com.

Named after the Vietnamese phrase meaning raucous and noisy, sisters Vanessa and Kim Pham co-founded Omsom as a tribute to their heritage and childhood. Daughters of Vietnamese refugees who, like many Asians, grew up with food as the ultimate love language. Celebrating Asian flavors, stories, and communities, Omsom currently sells Southeast and East Asian flavor starter packs, made in collaboration with prominent Asian-American chefs across the U.S. 30-minute meals take a new delicious twist with Omsom in your cooking arsenal. Give this new brand some love by ordering through their website, omsom.com.

Making Room for You

To celebrate Women’s History Month, we’re here to show support for women-owned businesses, minority women-owned businesses, black women business owners, and everything in between. We hope you do the same. 

At Ruoom, our motto here is: We Make Room for You Here. As a woman-led, woman co-founded tech startup, we’re here to make room for all budding women entrepreneurs out there that want to create their dream company, start something new or take a chance and work to make something of it. To the strong, fearless, told-you’re-bossy, eager, overly ambitious, caring, putting-others-before-them, wonderful women business leaders: There’s room for you everywhere. Remember that. 

Happy Women’s History Month.

Happy International Women’s Day. 

“Here’s to strong women. May we know them. May we be them. May we raise them.”

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MASTER SAAS AND SERVICE AGREEMENT

This Master Software as a Service (“SAAS”) and Services Agreement (this “Agreement”) is entered into by and between Ruoom Inc., a Delaware Corporation with offices located at 823 Congress Ave #1881, Austin, TX 78701-9998 (”Company”) and the Customer (”Customer”). Company and Customer may be referred to herein collectively as the “Parties” or individually as a “party.”

WHEREAS, Company provides access to the Services to its customers; and

WHEREAS, Customer desires to access the Services, and Company desires to provide Customer access to the Services, subject to the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

  1. Access and Use
    1. Provision of Access. Subject to terms and conditions of this Agreement, Company hereby grants Customer a non-exclusive, non-transferable right to access and use the Services during the Term, solely for use by Authorized Users in accordance with the terms and conditions herein.
    2. Limited to Customer’s internal use. Company shall provide to Customer the necessary passwords and network links or connections to allow Customer to access the Services. The number of Authorized Users will not exceed the number as set forth by the Customer’s active subscription plan.
    3. License. Subject to the terms and conditions contained in this Agreement, Company hereby grants to Customer a non-exclusive, non-sublicenseable, non-transferable license to use the Application during the Term solely for Customer’s internal business purposes in connection with its use of the Services.
    4. Restrictions. Customer shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. Customer shall not at any time, directly or indirectly, and shall not permit any Authorized Users to: (i) copy, modify, or create derivative works of the Services or Documentation, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or Documentation; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services or Documentation; or (v) use the Services or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
    5. Reservation of Rights. Company reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party any intellectual property rights or other right, title, or interest in the Company’s Application.
    6. Suspension. Notwithstanding anything to the contrary in this Agreement, Company may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Services if: (i) Company reasonably determines that (A) there is a threat or attack on any of the Company’s Application; (B) Customer’s or any Authorized End User’s use of the Company’s Application disrupts or poses a security risk to the Company’s Application or to any other customer or vendor of Company; (C) Customer, or any Authorized End User, is using the Company’s Application for fraudulent or illegal activities; (D) Company’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law.
      1. Company shall use commercially reasonable efforts to provide written notice of any Service Suspension to Customer and to provide updates regarding resumption of access to the Services following any Service Suspension. Company shall use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Company will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized User may incur as a result of a Service Suspension.
    7. Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, Company may monitor Customer’s use of the Services and collect and compile Aggregated Statistics. As between Company and Customer, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Company. Customer acknowledges that Company may compile Aggregated Statistics based on Customer Data input into the Services.
    8. Access. Customer agrees to allow Company to access all necessary technology and/or material to provide service.
  2. Term and Termination
    1. Term. This Agreement will continue indefinitely unless otherwise terminated in accordance with this section. A party may terminate the Agreement for material breach by the other party, provided that in each instance of a claimed breach: (i) the non-breaching party notifies the breaching party in writing of such breach within thirty (30) days of its occurrence and (ii) the breach is not cured within thirty (30) days of receipt of such notice.
    2. Termination. In addition to any other express termination right set forth in this Agreement either Party may terminate this Agreement, effective on written notice to the other Party, for any reason.
    3. Effect of Expiration or Termination. Upon expiration or earlier termination of this Agreement, Customer shall immediately discontinue use of the Company’s Application and, without limiting Customer’s obligations, Customer shall delete, destroy, or return all copies of the Company’s Application and certify in writing to the Company that the Company’s Application has been deleted or destroyed. No expiration or termination will affect Customer’s obligation to pay all Fees that may have become due before such expiration or termination, or entitle Customer to any refund.
    4. Survival. This shall survive any termination or expiration of this Agreement. No other provisions of this Agreement survive the expiration or earlier termination of this Agreement.
  3. Customer Responsibilities
    1. General. Customer is responsible and liable for all uses of the Services and Documentation resulting from access provided by Customer, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, Customer is responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by Customer will be deemed a breach of this Agreement by Customer. Customer shall use reasonable efforts to make all Authorized Users aware of this Agreement’s provisions as applicable to such Authorized User’s use of the Services, and shall cause Authorized Users to comply with such provisions.
  4. Service and Support Levels
    1. Service Levels. Subject to the terms and conditions of this Agreement, Company shall use commercially reasonable efforts to make the Services available in accordance with the service set out in Exhibit A.
    2. Support. The access rights granted hereunder entitles Customer to the support services described on Company’s website located at www.ruoomsoftware.com for the duration of this Agreement.
    3. Transfer of Information. We may send your information outside of the country for services. You consent to allowing us to process your information and transfer it to others for the purposes of services.
  5. Fees and Payment
    1. Fees. Customer shall pay Company the fees (”Fees”) as set forth in Exhibit A without offset or deduction. Customer shall make all payments hereunder in US dollars on or before the due date set forth in Exhibit A. If Customer fails to make any payment when due, without limiting Company’s other rights and remedies: (i) Company may charge interest on the past due amount at the rate of 18% per annum calculated daily and compounded monthly or, if lower, the highest rate permitted under applicable law; (ii) Customer shall reimburse Company for all reasonable costs incurred by Company in collecting any late payments or interest, including attorneys’ fees, court costs, and collection agency fees; and (iii) if such failure continues for two days or more, Company may suspend Customer’s and its Authorized Users’ access to any portion or all of the Services until such amounts are paid in full.
    2. Taxes. All Customer will withhold Taxes from its payments to Ruoom Inc. and provide a withholding Tax certificate. Unless Customer provides a timely and valid tax exemption certificate, Customer will pay any invoiced Taxes for the Services. Without limiting Customer’s obligation to pay Fees, Customer will withhold Taxes if legally required. Customer shall also provide valid Tax Identification Number (TIN) if requested, failure to provide such may result in additional taxes as per tax laws of local governments, if any.
    3. Auditing Rights and Required Records. Customer agrees to maintain complete and accurate records in accordance with generally accepted accounting principles during the Term and for a period of two years after the termination or expiration of this Agreement with respect to matters necessary for accurately determining amounts due hereunder. Company may, at its own expense, on reasonable prior notice, periodically inspect and audit Customer’s records with respect to matters covered by this Agreement, provided that if such inspection and audit reveals that Customer has underpaid Company with respect to any amounts due and payable during the Term, Customer shall promptly pay the amounts necessary to rectify such underpayment, together with interest.
  6. Confidential Information
    1. From time to time during the Term, either Party may disclose or make available to the other Party information about its business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media/in written or electronic form or media, that is/and whether or not marked, designated or otherwise identified as “confidential” (collectively, “Confidential Information”).
    2. Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving Party at the time of disclosure; (c) rightfully obtained by the receiving Party on a non-confidential basis from a third party; or (d) independently developed by the receiving Party.
    3. The receiving Party shall not disclose the disclosing Party’s Confidential Information to any person or entity, except to the receiving Party’s employees who have a need to know the Confidential Information for the receiving Party to exercise its rights or perform its obligations hereunder. Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required (i) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall first have given written notice to the other Party and made a reasonable effort to obtain a protective order; or (ii) to establish a Party’s rights under this Agreement, including to make required court filings.
    4. On the expiration or termination of the Agreement, the receiving Party shall promptly return to the disclosing Party all copies, whether in written, electronic, or other form or media, of the disclosing Party’s Confidential Information, or destroy all such copies and certify in writing to the disclosing Party that such Confidential Information has been destroyed. Each Party’s obligations of non-disclosure with regard to Confidential Information are effective as of the Effective Date and will expire five years from the date first disclosed to the receiving Party; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law.
  7. Intellectual Property Ownership; Feedback
    1. Company’s Application. Customer acknowledges that, as between Customer and Company, Company owns all right, title, and interest, including all intellectual property rights, in and to the Company’s Application.
    2. Customer Data. Company acknowledges that, as between Company and Customer, the Company’s privacy policy located here: Privacy Policy, shall govern.
    3. Feedback. If Customer or any of its employees or contractors sends or transmits any communications or materials to Company by mail, email, telephone, or otherwise, suggesting or recommending changes to the Company’s Application, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (”Feedback”), Company is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. Customer hereby assigns to Company on Customer’s behalf, and on behalf of its employees, contractors and/or agents, all right, title, and interest in, and Company is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Company is not required to use any Feedback.
    4. Third Party API Integration. Kakao and Naver Cloud, provide Company with access to their application-programming interface (API) as part of the Service. Subject to the terms of Company’s agreement with Kakao and Naver, Company grants Customer a non-exclusive, nontransferable, terminable license to interact only with the Service as allowed by the API. Customer may not use the API in a manner--as reasonably determined by Company--that exceeds the capacity limits in the order, constitutes excessive or abusive usage, or fails to comply with any part of the API. If any of these occur, Company can suspend or terminate Customer’s access to the API on a temporary or permanent basis.
  8. Warranty Disclaimer
    1. Company warrants that the Services will conform in all material respects to the service set forth in Exhibit A when accessed and used in accordance with the Documentation. Company does not make any representations or guarantees regarding uptime or availability of the Services unless specifically identified in Exhibit A. The remedies set forth in Exhibit A are Customer’s sole remedies and Company’s sole liability under the limited warranty set forth in this Section.
    2. THE FOREGOING WARRANTY DOES NOT APPLY, AND COMPANY STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS.
    3. THE COMPANY’S APPLICATION IS PROVIDED “AS IS” AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. COMPANY MAKES NO WARRANTY OF ANY KIND THAT THE COMPANY’S APPLICATION, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
  9. Indemnification
    1. Company Indemnification. (i)  Company shall indemnify, defend, and hold harmless Customer from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (”Losses”) incurred by Customer resulting from any third-party claim, suit, action, or proceeding (”Third-Party Claim”) that the Services, or any use of the Services in accordance with this Agreement, infringes or misappropriates such third party’s US intellectual property rights/US patents, copyrights, or trade secrets, provided that Customer promptly notifies Company in writing of the claim, cooperates with Company, and allows Company sole authority to control the defense and settlement of such claim.
    2. If such a claim is made or appears possible, Customer agrees to permit Company, at Company’s sole discretion, to (A) modify or replace the Services, or component or part thereof, to make it non-infringing, or (B) obtain the right for Customer to continue use. If Company determines that neither alternative is reasonably available, Company may terminate this Agreement, in its entirety or with respect to the affected component or part, effective immediately on written notice to Customer.
    3. This Section will not apply to the extent that the alleged infringement arises from: (A) use of the Services in combination with data, software, hardware, equipment, or technology not provided by Company or authorized by Company in writing; (B) modifications to the Services not made by Company.
    4. Customer Indemnification. Customer shall indemnify, hold harmless, and, at Company’s option, defend Company from and against any Losses resulting from any Third-Party Claim that the Customer Data, or any use of the Customer Data in accordance with this Agreement, infringes or misappropriates such third party’s [US] intellectual property rights and any Third-Party Claims based on Customer’s or any Authorized User’s (i) negligence or willful misconduct; (ii) use of the Services in a manner not authorized by this Agreement; (iii) use of the Services in combination with data, software, hardware, equipment or technology not provided by Company or authorized by Company in writing; or (iv) modifications to the Services not made by Company, provided that Customer may not settle any Third-Party Claim against Company unless Company consents to such settlement, and further provided that Company will have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defense thereof by counsel of its own choice.
    5. Sole Remedy. THIS SECTION SETS FORTH CUSTOMER’S SOLE REMEDIES AND COMPANY’S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SERVICES INFRINGE, MISAPPROPRIATE, OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. IN NO EVENT WILL COMPANY’S LIABILITY UNDER THIS SECTION EXCEED $100.
    6. Limitations of Liability. IN NO EVENT WILL COMPANY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED TWO TIMES THE TOTAL AMOUNTS PAID TO COMPANY UNDER THIS AGREEMENT.
  10. Miscellaneous
    1. Entire Agreement. This Agreement, together with any other documents incorporated herein by reference and all related Exhibits, constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements made in the body of this Agreement, the related Exhibits, and any other documents incorporated herein by reference, the following order of precedence governs: (i) first, this Agreement, excluding its Exhibits; (ii) second, the Exhibits to this Agreement as of the Effective Date; and (iii) third, any other documents incorporated herein by reference.
    2. Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) must be in writing and addressed to the Parties at the addresses set forth on the first page of this Agreement (or to such other address that may be designated by the Party giving Notice from time to time in accordance with this Section). All Notices must be delivered by personal delivery, email (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage pre-paid).
    3. Force Majeure. In no event shall either Party be liable to the other Party, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement except for any obligations to make payments, if and to the extent such failure or delay is caused by any circumstances beyond /such Party’s reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.
    4. Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
    5. Severability. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify this Agreement so as to effect their original intent as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
    6. Governing Law; Submission to Jurisdiction. This Agreement is governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Texas. Any legal suit, action, or proceeding arising out of [or related to] this Agreement or the licenses granted hereunder [will/may] be instituted [exclusively] in the federal courts of the United States or the courts of the State of Texas, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
    7. Assignment. Customer may not assign any of its rights or delegate any of its obligations hereunder, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of Company. Any purported assignment or delegation in violation of this Section will be null and void. No assignment or delegation will relieve the assigning or delegating Party of any of its obligations hereunder. This Agreement is binding upon and inures to the benefit of the Parties and their respective permitted successors and assigns.
    8. Export Regulation. The Services utilize software and technology that may be subject to US export control laws, including the US Export Administration Act and its associated regulations. Customer shall not, directly or indirectly, export, re-export, or release the Services or the underlying software or technology to, or make the Services or the underlying software or technology accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. Customer shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Services or the underlying software or technology available outside the US.
    9. Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations, which would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party will be entitled to equitable relief, including a restraining order, an injunction, specific performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.
    10. Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement.

IN WITNESS WHEREOF, in checking the box labeled “I acknowledge the Master Service Agreement,” the Parties here to have executed this Agreement as of the Effective Date.

EXHIBIT A

  1. DESCRIPTION OF SERVICES: Access to software as a service provided and hosted by Ruoom Inc, with functionality as specified on our website www.ruoomsoftware.com.
  2. FEES: Monthly or annual recurring subscription payments, as specified on our website www.ruoomsoftware.com at the time of purchase. Recurring payments will continue until such time as Customer submits notification of cancellation of service. Company is not required to submit notification of upcoming renewal payments. Company will submit notification of any fee increases 60 days prior to any such increase.