Please read these Terms of Service (collectively with Ruth Wilshaw’s Privacy Policy located at https://www.ruthwilshaw.com/privacy, and, where applicable, any data processing addendum, the “Terms of Service”) fully and carefully before using www.ruthwilshaw.com (the “Site”) and the services, features, content or applications offered by Ruth Wilshaw (“Ruth Wilshaw”, “we”, “us” or “our”) (together with the Site, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services.
1) Acceptance of Terms
By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service (including, for clarity, the Privacy Policy) and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and may be updated without notice.
Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions.
These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
2) Eligibility
You must be at least 16 years of age to use the Services. If you are under age 16, you may not access or use the Services. We may refuse to offer the Services to any person or entity and may change eligibility criteria at any time. You are solely responsible for ensuring that your use complies with applicable laws and that these Terms of Service are not in conflict with them. The Services are for your personal use and not for any third party. If you are registering on behalf of an entity, you represent that you are authorized to do so.
3) Registration
To access certain features, you must create an account. You agree to provide accurate and current information and to update it as needed. You must not impersonate someone else or use a username that is offensive. You are responsible for your account and must safeguard your login information. You agree to notify us of any unauthorized use or security breach. You may delete your account at any time through your account settings or by contacting us.
4) Processing of Personal Data
Your personal data will be treated in accordance with our Privacy Policy. If you provide personal data of others subject to EU or UK data protection laws, you agree to applicable legal obligations.
5) Content
A. Definition: “Content” includes all materials provided through the Services, including but not limited to text, images, videos, graphics, and software.
B. User Content: You are solely responsible for any content you post. You must ensure it complies with all applicable laws. We are not responsible for content posted by users and use is at your own risk.
C. Notices and Restrictions: Some content may be protected by intellectual property rights. You agree to respect those rights.
D. Use License: You are granted a limited, non-exclusive license to access the content solely for personal use. Commercial use or redistribution is prohibited without our prior written consent.
E. Availability: We reserve the right to remove, edit or restrict content at any time, for any reason.
6) Rules of Conduct
You agree not to misuse the Services. This includes, but is not limited to, posting unlawful content, impersonating others, infringing on intellectual property rights, transmitting viruses, or interfering with the Services. We may monitor and remove content that violates these rules.
7) Third Party Services
We may link to third-party tools, services, or platforms that are not operated or controlled by us. We are not responsible for the content, services, or products provided by these third parties. Use of third-party services is at your own risk. We encourage you to review the terms and privacy policies of any third-party tools or services you access through the Site.
8) Payments and Billing
A. Paid Services: Some Services require payment. Please refer to our pricing or course pages for detailed information on the costs.
B. Billing: Payments are processed by third-party providers such as Stripe and PayPal. By using paid services, you authorize us to charge your selected payment method for applicable charges.
C. Payment Method: Your payment terms may depend on agreements with your payment provider. If we do not receive payment, you agree to pay upon demand.
D. Recurring Billing: By enrolling in a subscription, you authorize us to charge your payment method automatically at the agreed intervals (monthly or yearly) until you cancel. To cancel your subscription, you must do so through your account dashboard at least 24 hours before the next billing date to avoid charges for the next term. If you subscribed through Patreon, you must cancel your subscription directly on Patreon. You can manage or cancel your subscription via your Patreon account settings.
E. Account Info: You must keep your billing information up to date. Update details through your account settings.
F. Change in Charges: We may notify you of any changes to charges or fees in advance.
G. Auto-Renewal: Subscriptions renew automatically unless you cancel. No prorated refunds will be given if canceled mid-term.
H. Free Trials: Trials must be canceled before expiration to avoid charges.
9) Digital Products & Access
We offer a variety of digital products and access options:
A. Gouache Adventures – These are sold as one-time purchases and provide lifetime access to the included content. Once purchased, you will retain access indefinitely via your account.
B. Get Gouachey Membership – This is a subscription-based service offering access to a library of gouache tutorials and resources. Access is granted only while your subscription is active. You will be billed automatically every 30 days (monthly) or every 365 days (yearly) unless you cancel before the next billing date.
C. Gift Memberships – These are prepaid access passes for either 6 or 12 months. The access period begins once the recipient activates the membership. Access expires at the end of the gifted term and does not auto-renew.
D. 30 Day Gouache Pass – This is a one-time purchase that grants access to all tutorials in the membership for a period of 30 days. Access is automatically revoked after the 30-day period and does not renew.
E. Student Artwork & Usage Rights – Students are welcome to sell or gift original artwork created from our tutorials, provided it was made as part of their personal learning process. However, mass reproduction or reprinting of artwork based on any tutorial content (e.g., prints, merchandise, or large-scale production) is strictly prohibited. Our tutorials and lesson content are for educational and non-commercial use only.
F. Refund Policy – Due to the digital nature of our products, we do not offer refunds once access has been granted. Please review product descriptions carefully before purchasing. If you have any issues accessing your purchase at any time, please reach out to us at ruth@moderngouache.com and we’ll do our best to resolve the issue promptly.
10) Warranty Disclaimer
We provide the Services “as is” without warranties. We do not guarantee uninterrupted or error-free operation. You use the Services at your own risk.
11) Indemnification
You agree to indemnify, defend, and hold harmless Ruth Wilshaw and its affiliates from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising from:
Your use of the Services or any content you submit or upload to the Site.
Any violation of these Terms or applicable law, including intellectual property rights.
Your violation of any third-party rights.
12) Dispute Resolution
As a UK-based business, we do not currently require arbitration. If a dispute arises, we encourage informal resolution first. If necessary, disputes will be handled through appropriate courts in the United Kingdom.
13) Limitation of Liability
In no event shall Ruth Wilshaw be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or business, even if we have been advised of the possibility of such damages. Our total liability under these Terms of Service shall not exceed the total amount you paid for the Services in the last three months or £500, whichever is greater.
14) Governing Law
These Terms shall be governed by the laws of the United Kingdom. You agree that disputes will be resolved in UK courts.
15) Changes to Terms
We may update these Terms from time to time. We will notify you of significant changes. Continued use of the Services indicates your acceptance.
16) Miscellaneous
These Terms are the full agreement between you and us. If a section is invalid, the remainder will still apply. These Terms cannot be transferred without our consent.
Contact: You can contact us at ruth@moderngouache.com
Effective Date of Terms of Service: April 17, 2025