ROCKET TECHNOLOGY

Terms of Services

Date of Last Update. This Agreement was last updated on April 11, 2024.

These Terms of Service (also referred to herein as the "Terms"), which incorporate our Privacy Policy and all applicable Order Forms, constitute a binding agreement (the “Agreement”) between You and Us, ROCKET TECHNOLOGY INC. ("We", "Us", "ROCKET"), with respect to the Service (as defined below). The effective date of this Agreement ("Effective Date") is specified on the Order Form or is the date on which You accepted the Terms.

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING, USING, OR INSTALLING THE SERVICE OR ANY PORTION THEREOF IN ANY MANNER (WHETHER AUTOMATED OR OTHERWISE), YOU:

ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT AND BY SUCH OTHER TERMS, CONDITIONS, POLICIES, AND DOCUMENTS THAT MAY BE INCORPORATED HEREIN BY REFERENCE;
AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE OTHERWISE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE);
IF YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, REPRESENT AND WARRANT THAT YOU HAVE THE ORGANIZATIONAL AND LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT ON SUCH COMPANY’S OR OTHER ORGANIZATION’S BEHALF AND TO BIND SUCH COMPANY OR ORGANIZATION.

THIS AGREEMENT REQUIRES THE USE OF BINDING ARBITRATION TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS, IN ACCORDANCE WITH THE SECTION 33 (DISPUTE RESOLUTION) BELOW.

THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW, AND ANY RIGHTS TO ACCESS OR USE THE SERVICE ARE REVOKED IN SUCH JURISDICTIONS.

IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT ACCESS, USE, INSTALL, OR ORDER THE SERVICE.

Definitions. The terms below have the following meanings:
1. "Affiliate"means any person or entity which, directly or indirectly, controls, is controlled by, or is under common control with, such person or entity.
2. "APIs" are application programming interfaces or other programmatic interfaces for interacting, connecting, or exchanging information with the Service.
3. "App Platforms" mean application platforms, such as Apple App Store ™, Google Play Store™ , Google Firebase™, and any other app store developer portals, and any other online data site, service, or source providing digital distribution, analytics, advertising, and monetization.
4. “App Platform Accounts” mean accounts which You use to access an App Platform (each an “App Platform Account”), which You may optionally choose to connect with the Service.
5. "Apps" mean the applications provided by or developed using the App Platforms and for which insights are provided by the Service.
6. “Confidential Information” means any confidential information belonging to the Subscriber with which You are associated (as an Authorized User of that Subscriber), including without limitation material non-public information as defined by applicable securities laws and regulation, disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”) in connection with the Service.
7. "Free Tier” means a free version of the Service made available to users at our sole discretion that is limited in terms of functionality and/or content.
8. "Service" means our websites, including without limitation our mobile, browser, or desktop applications, our APIs, or any content, functionality, or online services offered on or through any of the foregoing.
9. The "Parties" means You and ROCKET, and a “Party” means either You or ROCKET.
10. "Service Data" means any content, including without limitation any text, insights, digital media, software links, reports, numerical data, or other information provided by the Service, whether obtained via a web browser used to access the Service, the Service’s user interface(s), the Service's file export features, electronic notifications (e.g., email and alerts), APIs, and/or other means.
11. "User Data" means information or other data provided by You to ROCKET through or in connection with the Service (including via any APIs, integrations, or other data connections), including without limitation Connected Account Data (as defined below) and/or any other data, materials, trademarks, logos, tradenames, user submissions, or other information that You upload, import, input, post, or otherwise provide (or if You are a Subscriber, that any Authorized User uploads, imports, inputs, posts, or otherwise provides), including without limitation verbally or in audio or visual format, into, through, or in connection with the Service.
12. “You” means an Individual User or a Subscriber and its Authorized User(s). Depending on your role, You are one of the following:
  1. A “Subscriber”, which is the legal entity that purchases or otherwise registers for access to the Service on a subscription or other basis. If You are a Subscriber, You acknowledge that You and all of your Authorized Users (as defined below) are bound by these Terms, and represent and warrant that You and all of your Authorized Users, are authorized to provide the User Data (as defined below) contemplated herein to ROCKET.
  2. An “Authorized User”, which is an individual employee or contractor of a Subscriber who accesses or uses the Service as an authorized user of such Subscriber as provided under the Order Form.
  3. An “Individual User”, which is an individual that subscribes to, accesses or uses the Service personally.
Modifications to this Agreement. ROCKET may update this Agreement from time-to-time and may amend it at any time to incorporate additional rules, policies, procedures and other instructions concerning access to, and use of, the Service or additional features, materials, products, opportunities, or services that ROCKET may make available on or through the Service. Any modifications or changes will be effective immediately upon posting on the Service, unless otherwise specified in the updated Agreement. You waive any right You may have to receive specific notice of any modifications or changes, except as otherwise required by law. Your continued access to or use of the Service confirms your acceptance of this Agreement and any changes or modifications made to the Agreement. You should review this Agreement frequently and ensure You understand all terms, conditions, and policies applicable to your access to and use of the Service.
Payment for, Access to and Use of Service.
1. Payment.
  1. You will pay ROCKET the fees and applicable charges ("Fees") for the Service as listed on an applicable Order Form. ROCKET reserves the right to change the Fees (e.g., by removing charges, instituting new charges, modifying existing charges, etc.) at its sole discretion.
  2. If You believe that ROCKET has billed You incorrectly, You must contact ROCKET no later than sixty (60) days after (a) the date You were charged or (b) the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to ROCKET’s customer support department. ROCKET shall respond to You within three (3) business days after receiving such inquires.
  3. Unless otherwise specified by an Order Form, You agree to authorize debit(s) from a bank account or credit card charges for the full amount of the Fees upon subscribing for the Service. If an Order Form applies, ROCKET shall bill through the Order From, in which case full payment for the Service must be received within the timeframe specified in the Order Form. If no such timeframe is prescribed in the Order Form, or if ROCKET bills through an invoice, then full payment must be received within 30 days of the date of the Order Form or invoice. Failure to timely pay the Fees is a material breach of this agreement and could, at ROCKET's sole discretion, result in suspension of access to the Service, termination of access to the Service, termination of this Agreement, or other adverse outcomes.
  4. You are responsible for all taxes associated with the Service, including any and all applicable sales taxes that ROCKET may be required to collect on your behalf, provided You shall have no liability for US taxes based on ROCKET’s net income, property or employees.
2. Access for Authorized Users or Individual Users with Valid Order Form. We will provide to Subscriber’s Authorized Users, or to Individual Users as the case may be, a limited non-exclusive, non-transferable, non-sublicensable, revocable license to access to and use of the Service and Service Data subject to and conditioned upon strict compliance with the Order Form and the terms and conditions of this Agreement.
3. Access without an Order Form. If no Order Form applies to You (or has since expired), then You are an Individual User that has been provided access to the Service under the Free Tier, subject to and conditioned upon your strict compliance with this Agreement. The Free Tier may be removed or modified at any time by ROCKET at its sole discretion without any obligation to You.
4. Limited Use of Service Data.
  1. Service Data may only be used internally within Subscriber’s business and only for Subscriber’s internal use (and only in accordance with any applicable documentation).
  2. You may not redistribute or disclose the Service Data to any third parties including any Affiliates unless expressly provided for in an applicable Order Form.
  3. You may not allow any third parties including Affiliates to access the Service, unless expressly provided for in an applicable Order Form.
  4. You must immediately cease to use the Service and any Service Data upon termination of the Agreement, and any limited rights in the Service or Service Data received under this Agreement are expressly revoked.
5. User Account; No Sharing. To access and use the Service or certain features of the Service, You may be required to establish a user account (a “User Account”). You: i) may establish only one User Account, ii) must provide true, accurate, current, and complete information as prompted by the applicable registration process, and iii) are responsible for promptly keeping such information up to date. You represent and agree that all information You provide to ROCKET in connection with your access to and use of the Service is, and shall be, true, accurate and complete to the best of your knowledge, ability and belief. You are responsible and liable for all activities conducted through your User Account (and, if You are a Subscriber, through the User Accounts of your Authorized Users), regardless of who conducts those activities. You are responsible for maintaining the confidentiality of any user IDs, passwords and other credentials (“User Credentials”) associated with your User Account, and shall immediately notify us of any actual or suspected unauthorized access to or use of your User Account or any associated user IDs, passwords, and other credentials. You are not allowed to share your User Account with anyone else and must keep your User Credentials confidential. Any sharing of your User Account with any other individuals is considered a material breach of this Agreement. You will cooperate fully with us and take all actions that we reasonably deem necessary to maintain or enhance the security of the Service, our computing systems and networks, and your access to the Service. WE ARE NOT AND SHALL NOT BE DEEMED LIABLE FOR ANY LOSS OR DAMAGE TO YOU ARISING FROM YOUR, AND IF YOU ARE A SUBSCRIBER, YOUR AUTHORIZED USERS', FAILURE TO COMPLY WITH THIS SECTION.
6. Access Management. Subscriber shall be responsible for determining the scope and level of each Authorized User’s access to the Service; subject, however, to the scope and limitations of the rights granted under this Agreement including without limitation the Order Form. Subscriber may, at any time and in its sole discretion, revoke or limit the access of any Authorized User to the Service and that Authorized User must abide by any such limitations. Subscriber shall not allow any sharing of User Accounts and each seat provided for under an Order Form shall only be associated with one Authorized User at a time. Subscriber may not encourage or allow the sharing of User Accounts between individuals.
Restrictions. You shall not:
1. share seats provided under an Order Form or share User Accounts between two or more individuals;
2. modify, or improve, or make derivative works based on the Service;
3. publish Service Data or provide access to the Service to any third parties including without limitation unauthorized Affiliates;
4. misrepresent your identity;
5. use the Service to monitor its availability, performance or functionality or for any benchmarking or competitive purposes;
6. stalk or harass any other user of the Service;
7. reproduce the Service;
8. access or use the Service to build any software, product, or service that is competitive or similar to the Service or any portion thereof;
9. decompile, disassemble, or reverse engineer any object code that is part of the Service or attempt to reverse engineer, reconstruct, identify, or discover any source code of any such software, the structure, sequence, or organization of such source code or any algorithms, methods, or models contained therein;
10. create Internet "links" to the Service or "frame" or "mirror" any content on any other server or wireless or Internet-based device;
11. rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service or any underlying software;
12. enter into time-sharing or data processing service arrangements involving use of Service with any third party;
13. remove any product identification, trademark, copyright, patent, or other notices or markings contained in, displayed by, or provided with the Service;
14. submit User Data or any other material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs;
15. interfere with, impede, or disrupt the integrity or performance of the Service or the data contained therein or part thereof;
16. attempt to gain unauthorized access to the Service or its related systems or networks;
17. access, use, scrape, copy, or index any portion of the Service, through the use of bots, spiders, Web crawlers, indexing agents, browser extensions, or other automated devices or mechanisms;
18. create any denial of service with respect to the Service;
19. falsify the origin of your communications, or attempt to do any of the foregoing;
20. use the Service for any illegal or injurious purpose;
21. use unpublished APIs that are not documented in our formal API documentation without express written consent;
22. interact with Service through any of our APIs with any credentials other than the API tokens specifically provided by us to you;
23. share any of your API tokens with any third party;
24. create or develop any application or other software that exposes or discloses any of our APIs to end users;
25. interfere with the normal operation of any of our APIs;
26. use any of our APIs in a manner that exceeds reasonable request volume, use an unreasonable amount of bandwidth, or otherwise use any of our APIs in a manner that may impair the functionality, stability, or operation of the Service or adversely impact the behavior of other users or applications using any of our APIs; or
27. remove, alter, or cover any copyright notices or other proprietary rights notices placed or embedded on or in any part of our APIs.
Term and Termination.
1. This Agreement shall remain in full force and effect for the initial serviced term ("Initial Term") provided in an applicable Order Form, and the Agreement shall be automatically renewed for additional periods (each, a “Renewal Term” and collectively with the Initial Service Term, the “Term”) of the same duration as the Initial Service Term as specified in the Order Form, unless either Party requests termination at least ninety (90) days prior to the end of the then current Term.
2. If You have a User Account under a Free Tier and no Order Form applies, then this Agreement shall remain in full force and effect until terminated by You or ROCKET. If You have a User Account under a Free Tier, no Order Form applies, and You wish to cancel the User Account and terminate the Agreement, please send a written cancellation request via email to ROCKET at [email protected] and include the phrase “CANCEL ACCOUNT” in the subject line.
3. Unless otherwise provided for by an applicable Order Form, ROCKET shall have the right to immediately terminate or suspend, in its discretion, your access to all or part of the Service with or without notice for any reason. ROCKET shall not be liable for any failure to provide access to or use of the Service during any such suspension or termination.
4. Effect of Termination. You, including any Authorized Users or Individual User, must immediately cease to use the Service and any Service Data upon termination of this Agreement, and destroy any Service Data in your possession within 30 days of termination. Also upon Termination, and any limited rights in the Service or Service Data received under this Agreement are expressly revoked.
Internal Monitoring. Please be advised that ROCKET may monitor your use of and access to the Service to ensure compliance with this Agreement and any other applicable rules, policies, deadlines and instructions, evaluate and secure the Service, and for any other purpose disclosed in our Privacy Policy. By using the Service, You expressly consent to such monitoring. If such monitoring reveals possible unauthorized or illegal use of the Service, ROCKET may, among other things, suspend or terminate your access to the Service.
Third-party Sites. The Service may contain links to or otherwise allow You to access third-party applications and services (“Third-Party Services”) that are not owned or controlled by ROCKET. These links are provided solely as a convenience and do not imply endorsement of, or association with, the party by ROCKET. When You access Third-Party Services, You do so at your own risk. ROCKET encourages You to be aware when You leave the Service and to read the terms and conditions and privacy policy of each third-party website or Third-Party Service (“Third-Party Terms”) that You visit or from which You access any product or service. ROCKET has no control over, and assumes no responsibility for, the content, accuracy, Third-Party Terms, or practices of any Third-Party Service. In addition, ROCKET will not and cannot monitor, verify, censor, or edit the content of any Third-Party Service. When You visit or use a Third-Party Service, You acknowledge that such Third-Party Service is subject to the applicable Third-Party Terms, and You release us from any liability directly arising from your use of such a Third-Party Service. You acknowledge that we are not responsible for such third parties or their products or services. Any such activities, and any Third-Party Terms associated with such activities, are solely between You and the applicable third party.
Technical Requirements. You acknowledge and agree that the access to and use of the Service by You (and, if You are a Subscriber, by any Authorized User) is dependent upon access to telecommunications and Internet services. You acknowledge that ROCKET is not responsible for acquiring or maintaining any telecommunications or Internet services or other hardware or software that You (or, if You are a Subscriber, that any Authorized User) may need to access and use the Service, or for any costs, fees, expenses, or taxes of any kind related to the foregoing.
Support and Service Availability. If You encounter technical problems when using the Service, please email [email protected]. It is possible that on occasion the Service will be unavailable due to maintenance or other development activity. If for any reason we have to interrupt the Service for longer periods than we would normally expect, we will use reasonable endeavors to publish in advance details of such activity on the Service, in email, or through another suitable channel. We are not and shall not be deemed liable for any loss or damage to You arising from the unavailability of the Service.
Force Majeure. We will not be liable for any delay or failure in the performance of our obligations under this Agreement if the delay or failure is due to any cause outside of our reasonable control.
Compliance with Laws. You are responsible for all activity occurring under your User Account (or the User Accounts of any Authorized Users if You are a Subscriber) and You shall abide by all applicable local, state, federal and foreign laws, treaties and regulations in connection with your access to and use of the Service, including those laws related to data privacy, and the transmission of technical or personal data. You shall not use the Service for any unlawful purpose, and You will not export, directly or indirectly, the Service to any country for which the United States requires any export license or other governmental approval without first obtaining such license or approval. You further represent and warrant that neither You, nor any entity having control over You, are subject to sanctions, directives, or similar measures from the United States or other governments that would prevent or prohibit your access to or use of the Service, Content, or Confidential Information hereunder, and further, that You are not located in a country subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country.
Reliance on Service. You, not ROCKET, are solely responsible for your use and application of the Service and the Service Data. ROCKET MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE ACCURACY, COMPLETENESS OR CONTENTS OF ANY REPORTS OR OTHER OUTPUT INCLUDED IN THE SERVICE DATA AND GENERATED USING THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ITS USE AND RELIANCE ON THE SERVICE DATA AND THE SERVICE IS AT YOUR OWN RISK.
License to ROCKET for User Data. You acknowledge that, in order for ROCKET to deliver the Service at a high level of quality, ROCKET requires the ability to apply its algorithms, know-how and methodology. You grant ROCKET a non-exclusive, world-wide, perpetual, royalty-free, irrevocable, sublicensable and transferable license to use the User Data for the purposes of providing and improving the Service and/or performing any other obligations set forth in this Agreement. You are responsible for obtaining all rights, permissions, and authorizations to provide the User Data, including Connected Account Data, to ROCKET for use as contemplated under this Agreement. You agree to indemnify ROCKET for any third-party claims, demands or losses arising as a result of your failure to obtain all such necessary rights, permissions and authorizations. We reserve the right to remove any User Data from the Service at any time, for any reason.
License to ROCKET for Connected Account Data. You have the option to connect one or more of your App Platform Accounts to the Service, responsive to which You can use the Service to view and analyze the information about your App(s) stored in and received by the Service from such an App Platform (“Connected Account Service”). By doing so, You understand and agree that ROCKET will receive certain information about You and your App(s) through each such connected App Platform Account ("Connected Account Data"). Notwithstanding anything to the contrary herein, You hereby grant ROCKET (and our successors and assigns) a non-exclusive, world-wide, perpetual, royalty-free, irrevocable, sublicensable and transferable license to retain and use your Connected Account Data for the purposes of (i) generating aggregate insights including without limitation the estimates provided by the Service, (ii) developing and optimizing the Service, (iii) developing and selling new products or services, and (iv) expanding the features and functionality of existing products or services (“Connected Account License”). Except as provided for in this Section, we will not disclose your Connected Account Data to a third party in a manner in which it can be re-identified without your consent, unless it falls under an exception provided for under the Confidentiality provisions of Section 23. The foregoing notwithstanding, You may choose to make your Connected Account Data available to others through a sharing or similar function that we may provide (“Sharing”). The scope of such Sharing, and with whom, is up to You. You agree that, as between You and ROCKET, You are solely responsible and liable for such Sharing and that such Sharing shall be outside of the scope of the Agreement and our policies. FOR THE AVOIDANCE OF ANY DOUBT, YOU ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT (1) ESTIMATES THAT WE PROVIDE TO OUR CUSTOMERS MAY INCLUDE ESTIMATES DERIVED FROM AGGREGATED DATA THAT MAY INCLUDE YOUR CONNECTED ACCOUNT DATA; AND (2) YOUR CONNECTED ACCOUNT DATA IS NOT IDENTIFIABLE IN ESTIMATES EVEN THOUGH SUCH ESTIMATES MAY, BY WAY OF EXAMPLE AND NOT LIMITATION: (A) SPECIFICALLY NAME ONE OR MORE APPS AND/OR PUBLISHERS (INCLUDING YOU AND/OR YOUR APP(S)); AND/OR (B) FOR VARIOUS POINTS IN TIME, BE THE SAME OR SIMILAR TO ACTUAL APP PERFORMANCE DATA REFLECTED IN YOUR CONNECTED ACCOUNT DATA.
Limited Power of Attorney for Connected Account Service. To enable the Connected Account Service, You must provide us with your App Platform Account information for at least one App Platform. By using the Connected Account Service and providing us with App Platform Account information for such an App Platform Account, You hereby expressly grant to us: (i) authority to use each such App Platform Account to access the corresponding App Platform and retrieve your Connected Account Data maintained by such App Platform, in each case, on your behalf and until You, or the last Authorized User associated with the Subscriber as the case may be, delete your User Account; (ii) permission to store such App Platform Account information and use it to retrieve Connected Account Data on your behalf; and (iii) rights to store and use your Connected Account Data as provided for in this Agreement. For the avoidance of doubt, by providing us with App Platform Account information, You hereby grant to us a limited power of attorney, and appoint us as your attorney in-fact and agent, to use such App Platform Account information to the corresponding App Platform and retrieve your data maintained by such App Platform on your behalf, with the full power and authority to perform each action necessary in connection with such activities as You could do in person (including configuring the Connected Account Service through your User Account so that it is compatible with the corresponding App Platform associated with your App Platform Account). YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING, RETRIEVING, AND STORING YOUR DATA FROM EACH SUCH APP PLATFORM AND USING SUCH DATA AS DESCRIBED IN THIS SECTION, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF A THIRD PARTY. NOTWITHSTANDING THE FOREGOING, YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT ACTING AS YOUR AGENT IF AND WHEN WE USE THE CONNECTED ACCOUNT DATA AS PROVIDED FOR IN SECTION 14. If you do not agree with Sections 14 and 15 of this Agreement, then do not use the Connected Account Service. If you have any questions about Sections 14 and 15, the Connected Account Service, or the Agreement, please contact us at [email protected].
Other User Data Use Rights. You grant to ROCKET permission to generate aggregate, anonymized data (“Anonymized Data”) from the User Data, including Connected Account Data, and agree that ROCKET shall own, and hereby grant any rights, title, and interest in, any such Anonymized Data and may use it for any purpose including sharing, distributing, and/or licensing it to third parties.
Information Security. Consistent with ROCKET's then current practices and procedures, ROCKET will maintain and enforce administrative, technical, and physical safeguards to reasonably protect the confidentiality, availability, and integrity of your User Data.
Intellectual Property. The Service contains material that is protected by intellectual property laws, including copyright and trade secret law, and by international treaty provisions. All rights not expressly granted to You under this Agreement are expressly reserved by ROCKET and its licensors. All copyrights, patents, trade secrets, trademarks, service marks, trade names, moral rights and other intellectual property and proprietary rights in the Service belonging to or licensed by ROCKET shall remain the sole and exclusive property of ROCKET or its licensors, as applicable, and this Agreement grants You no title or rights of ownership in the Service or any subsets or components thereof. The Service may also contain copyrighted material belonging to third parties that is made available to You under fair uses such as commentary and research, as provided for under applicable copyright laws. The Service may also contain trademarks, such as names and logos, belonging to third parties, which are used under a nominative fair use basis. Unless expressly stated otherwise, the use of their copyrighted material or trademarks does not constitute an endorsement by such third parties of ROCKET or the Service, nor does it imply any affiliation between such third parties and ROCKET or the Service. To use any such content, You may need to seek permission directly from the owners of such content. Your unauthorized use of such content may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes, for which You are solely responsible. Nothing in the Agreement authorizes You to subject any portion of the Service or any ROCKET intellectual property to the terms of any “open source” license, including a license that requires, as a condition of use, modification, or distribution of technology subject to such license, that such technology or other technology combined or distributed with such technology: (i) be disclosed or distributed in source code form; (ii) be licensed for the purpose of making derivative works; or (iii) be re distributable for little or no fee.
User Data Limitations.
1. You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all User Data, including without limitation, all data, information, materials, or content that You (or, if You are a Subscriber, that any of your Authorized Users) upload, import, input, or post, or authorize for upload, importation, input, or posting, to or otherwise in connection with the Service.
2. You shall not (or if You are a Subscriber, You shall not permit any Authorized User to) upload, import, input, or post (or authorize the upload, importation, input, or posting of) any User Data or other information, materials or content that (i) infringes the intellectual property rights, rights of privacy or publicity, or other proprietary rights of any third party, (ii) violates any applicable law, (iii) is, or is likely to be considered, immoral, libelous, tortuous, defamatory, threatening, vulgar, or obscene or harmful to minors, or (iv) contains any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.
3. You acknowledge and agree that ROCKET does not, nor is it obligated to, monitor or police any communications or data, information, materials, or content (including User Data) integrated or imported into, transmitted through, or posted to the Service and that ROCKET will not be responsible for such data, information, materials, or content. Notwithstanding the foregoing, however, ROCKET may, at its option and in its sole discretion, remove or delete from the Service any data, information, materials, or content (including any User Data) that ROCKET determines violates the terms of this Agreement.
Feedback. You or any Authorized User may provide User Data in the form of suggestions, ideas, inventions, innovations, improvement or enhancement requests, feedback, recommendations, or other information to ROCKET regarding the Service, in whatever form, whether or not patentable or copyrightable or made or conceived solely or jointly with others (collectively, "User Feedback"). Such User Feedback is voluntary. Unless otherwise not permitted by applicable laws or regulations, ROCKET may use User Feedback for any purpose without obligation of any kind, and You acknowledge and agree that such User Feedback shall become the sole property of ROCKET, and You hereby transfer and assign all right, title and interest in the User Feedback exclusively to ROCKET and any and all related patent, copyrights, trademarks, trade names and other intellectual property rights and applications therefor, in the United States and elsewhere else.
Electronic Communication. By accepting this Agreement, on behalf of an entity, on your behalf, and on behalf of any other persons that You are responsible for:
1. You consent that ROCKET can communicate with You by phone or electronically via in-app messages, texts, e-mails or any other suitable form of electronic communication (“Messages”).
2. You consent to receiving Messages from ROCKET related to the Service such as but not limited to Messages about access, tasks, events, appointments, quality of service, and availability, as well as Messages that are ancillary to the Service, such as but not limited to Messages about new product announcements, product recommendations, and other promotions.
3. You agree that ROCKET can contact You at any time regarding the Service.
4. You agree that ROCKET can employ and use automated means and/or a third-party messaging service to send Messages or contact You regarding the Service.
5. You understand that You can revoke your consent to receiving promotional Messages at any time by updating your notification preferences in the account settings of the Service.
6. You accept that You are responsible for keeping your contact information up-to-date in the account settings of the Service.
Document Retention. You agree and acknowledge that ROCKET is not a provider of data back-up, archiving, or data retention services. As between You and ROCKET, You are solely and exclusively responsible for the backing up, archiving, and retaining of all User Data. While ROCKET adheres to reasonable policies and procedures intended to prevent the loss of User Data, including a regular back-up regime, ROCKET does not make any representations, warranties or guarantees that the User Data will not be lost, altered, destroyed, damaged, or corrupted. ROCKET HAS NO OBLIGATION OR LIABILITY FOR ANY LOSS, ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION, OR RECOVERY OF ANY USER DATA.
Confidentiality.
1. Protection of Confidential Information. The Receiving Party will maintain the Disclosing Party’s Confidential Information in strict confidence for a period lasting the duration of the Service Term plus one (1) year after the Subscription End-Date, and will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind. Notwithstanding the foregoing, the Receiving Party may disclose Confidential Information to a contractor or vendor to the extent necessary to perform our obligations under this Agreement, under terms of confidentiality materially as protective as set forth herein, or in association with an Assignment as provided for under the Assignment section of this Agreement.
2. Confidential Information does not include information that the Receiving Party can document:
  1. has or becomes generally available to the public other than through a wrongful act of the Receiving Party; or
  2. was lawfully in its possession or known by them prior to receipt from the Disclosing Party; or
  3. was rightfully disclosed to them without restriction by a third party who is not bound by any confidentiality obligations with respect thereto; or
  4. is independently developed by the Receiving Party, their employees or third-party contractors without use of or reference to the Confidential Information.
3. Compelled Disclosure. The Receive Party may disclose Confidential Information to the extent required by law, provided that the Receiving Party gives the Disclosing Party reasonable advance notice of such required disclosure and cooperates with the Disclosing Party so that the Disclosing Party may obtain appropriate confidential treatment for such Confidential Information.
Indemnity. You agree to indemnify and hold harmless ROCKET and ROCKET's officers, directors, employees, agents and licensors from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of, or in connection with any claim brought by any third party in connection with or arising out of (a) your access to and use of the Service, (b) the User Data (including Connected Account Data), or (c) your violation of this Agreement or your violation of any rights of another. ROCKET reserves, and You grant to ROCKET, the right to assume exclusive defense and control of any matter subject to indemnification by You. All rights and duties of indemnification that are set forth herein shall survive termination of this Agreement.
Publicity. You hereby grant ROCKET a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable right to ROCKET to use your name, company name, logo(s), and app logo(s) and app Icon(s), as well as any written comments You provide to ROCKET or otherwise make publicly available concerning your (or Subscriber’s as the case may be) use of the Service, in ROCKET's marketing and press materials.
Non-Exclusive Relationship. Notwithstanding anything to the contrary, this Agreement shall be non-exclusive in nature, and nothing in this Agreement shall be construed as preventing ROCKET from performing the same or similar services (or products resulting from such services) for other third parties or for itself and its Affiliates.
Privacy Policy. Information that You provide or that ROCKET collects about You in connection with your access to and use of the Service is subject to ROCKET's Privacy Policy, the terms of which are hereby incorporated into this Agreement by reference. We take the privacy of your data seriously. We encourage You to read and become familiar with ROCKET's privacy practices, as described in ROCKET's Privacy Policy.
Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures. ROCKET reserves the right to terminate your or any third-party's right to use the Service if such use infringes the copyrights of another. ROCKET may, under appropriate circumstances and at its discretion, terminate your or any third-party's right to access to the Service, if ROCKET determines that You or a third-party is a repeat infringer.
WARRANTY DISCLAIMERS. THE SERVICE AND ALL SERVICE DATA IS PROVIDED "AS IS," WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND. ROCKET EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, TITLE/NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. ROCKET DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, MARKETING OR PROMOTIONAL MATERIALS, OR ADVICE GIVEN BY ROCKET OR ROCKET'S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES PROVIDED HEREIN. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT USE OF THE SERVICE AND ALL SERVICE DATA HEREUNDER IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY. IN NO EVENT SHALL ROCKET OR ITS LICENSORS, BE LIABLE TO YOU, OR YOUR AUTHORIZED USERS, OR ANY THIRD PARTY FOR ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE SERVICE, ANY SERVICES RENDERED HEREUNDER, OR THIS AGREEMENT, EVEN IF ROCKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF ROCKET TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU HEREUNDER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU EXPRESSLY ACKNOWLEDGE THAT WE DISCLAIM ANY LIABILITY FOR DAMAGES INCURRED BY YOU AS A RESULT OF SANCTIONS OR PENALTIES IMPOSED BY THIRD PARTIES (INCLUDING SUSPENSION OF YOUR ACCESS TO OR USE OF AN APP PLATFORM) BECAUSE OF YOUR ACCESS TO OR USE OF THE CONNECTED ACCOUNT SERVICE. YOU FURTHER AGREE THAT WE HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR APPLICATIONS, SYSTEMS, INTEGRATIONS, AND USER DATA. THE SERVICE AND CONTENT ARE NOT INTENDED AS, AND YOU SHALL NOT RELY UPON THE SERVICE OR CONTENT AS A SOURCE OF ADVICE, GUIDANCE, OR DIRECTION. ACCORDINGLY, ALL ACTS, OMISSIONS, AND DECISIONS YOU UNDERTAKE OR MAKE (OR REFRAINS FROM MAKING OR UNDERTAKING) THROUGH THE USE OF THE SERVICE, CONTENT, OR OTHERWISE, ARE YOUR SOLE RESPONSIBILITY, AND YOU MUST USE YOUR INDEPENDENT BUSINESS JUDGEMENT IN THE CONDUCT OF YOUR BUSINESS. FOR THE AVOIDANCE OF DOUBT, WE ARE NOT REGISTERED IN ANY INVESTMENT ADVISORY CAPACITY IN ANY JURISDICTION GLOBALLY, AND DO NOT OFFER ANY LEGAL, FINANCIAL, INVESTMENT OR BUSINESS ADVICE. NOTHING CONTAINED IN THIS AGREEMENT, OR IN ANY OF OUR PRODUCTS, SERVICE, OR OTHER OFFERINGS, OR IN ANY INFORMATION PROVIDED BY US TO YOU OR OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHOULD BE CONSTRUED AS AN OFFER, RECOMMENDATION, OR SOLICITATION TO BUY OR SELL ANY SECURITY OR INVESTMENT, OR TO MAKE ANY INVESTMENT DECISIONS. ANY REFERENCE TO PAST OR POTENTIAL PERFORMANCE IS NOT, AND SHOULD NOT BE CONSTRUED AS, A RECOMMENDATION OR AS A GUARANTEE OF ANY SPECIFIC OUTCOME. YOU SHOULD ALWAYS CONSULT YOUR OWN PROFESSIONAL, LEGAL, FINANCIAL, INVESTMENT, AND BUSINESS ADVISORS. THE DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Assignment. You may not assign this Agreement, or any rights, benefits or obligations hereunder, by operation of law or otherwise, without the express written permission of ROCKET. Any attempted assignment that does not comply with this Agreement shall be null and void. ROCKET may assign this Agreement, in whole or in part, to any party in its sole discretion.
Governing Law. The validity, construction and performance of this Agreement and the legal relations among the parties to this Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding that body of law applicable to choice of law.
Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY. IT IMPACTS THE RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF TRIAL COURTS AND CLASS ACTIONS. THIS SECTION SURVIVES ANY EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
1. Informal Dispute Resolution. As a condition precedent which must be satisfied prior to initiating any arbitration or other action against the other Party, both You and ROCKET agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to the Service, or the breach, enforcement, interpretation, or validity of this Agreement ("Claim"), the Party asserting the Claim must first try in good faith to settle such Claim by providing written notice, by first class or registered mail, to the other Party describing the facts and circumstances (including any supporting documentation) of the Claim. The Party asserting the Claim must allow the receiving Party 30 days in which to respond to or settle the Claim.
2. For purposes of this Section, notices must be sent as follows:
  1. If to ROCKET, to [email protected].
  2. If to You, the email address listed in your User Account or an applicable Order Form.
3. Arbitration. To the extent You cannot resolve any Claim through the informal dispute resolution procedure set forth above, and except as otherwise set forth herein, a Claim must be resolved through binding individual arbitration. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and ROCKET agree that any Claim arising out of or related to the Service must commence within one (1) year after the Claim arose; otherwise, such Claim is permanently barred. Any Claim arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco, California, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing Party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each Party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the Parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation, this section. We each agree that we shall bring any dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions. If any part of this provision is ruled to be unenforceable, then the balance of this provision shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.
English Governs. For convenience, translations of this Agreement, including our Privacy Policy, and/or other notices and policies may be provided for convenience. However, should any conflict arise between the English version of this Agreement and/or other notices and policies and a translated version, the terms and conditions of the English version of this Agreement shall prevail and govern.
Severability and Waiver. If any part or provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or in conflict with the law, that part or provision shall be replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision, and the remainder of this Agreement will continue in full force and effect. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If we waive any breach of this Agreement, such waiver will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Entire Agreement; Survival. This Agreement, including any Order Form and the Privacy Policy, constitutes the sole and entire agreement between You and ROCKET with respect to the subject matter hereof, and supersede and extinguish all prior agreements, representations (whether oral or written), and understandings regarding such subject matter. The rights and obligations of the Parties set forth in Sections 13-16, 18, 23-25, and 29-36, and any right or obligation of the Parties in this Agreement which, by its nature, should survive termination or expiration of this Agreement, will survive any such termination or expiration of this Agreement.
Additional Disclosures. No waiver by either You or ROCKET of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under this Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of this Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect. If You are a California resident, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. The provisions of this Agreement apply equally to and are for the benefit of ROCKET, its subsidiaries, Affiliates and licensors, and each shall have the right to assert and enforce such provisions directly. No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither Party has any authority of any kind to bind or attempt to bind the other Party in any respect whatsoever. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. In any action or proceeding to enforce rights under this Agreement, the prevailing Party will be entitled to recover costs and reasonable outside attorneys’ fees. The Parties agree that any material breach of Section 3 or 22 will cause irreparable injury and that injunctive relief in a court of competent jurisdiction will be appropriate to prevent an initial or continuing breach of Section 3 or 22, in addition to any other relief to which the owner of such Proprietary Information may be entitled. Both Parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed on behalf of both Parties by their duly authorized representatives, except as otherwise provided herein.