Effective date: March 16th, 2020
These Customer Terms of Service (the “Customer Terms”) describe your rights and responsibilities when using Rocket.Chat Services (the “Services”), such as Rocket.Chat Cloud Hosting, Support Plans, Marketplace or any other services we may provide to you, the customer. Some sections of these terms only apply to specific Services, as indicated by the headings of the respective paragraph. These Customer Terms do not apply to on-premises installation of Rocket.Chat. Please read the Customer Terms carefully.
These Customer Terms form a part of a binding “Contract” between Customer and us. “Customer” is the organization that you represent in agreeing to the Contract. If your Instance is being set up by someone who is not formally affiliated with an organization, Customer is the individual creating the Instance. When you create an Instance, invite users, or use or allow use of that Instance after being notified of a change to these Customer Terms, you acknowledge your understanding of the then-current Contract and agree to the Contract on behalf of Customer. Please make sure you have the necessary authority to enter into the Contract on behalf of Customer before proceeding.
When a User (including you) submits content or information to the Services, such as messages or files (“User Data”), the Customer retains ownership of any intellectual property rights in that content.
With regards to Services operated directly by Rocket.Chat:
Rocket.Chat may provision or deprovision access to the Services, enable or disable third party integrations, manage permissions, retention and export settings, transfer or assign workspaces, share channels, or consolidate this workspace or channels with other workspaces or channels, and these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all User Data.
You may access, import, and export all your UserCustomer Data, including private channels and direct messages through your Account preferences panel. You may also request that your account is deleted, together with all the messagesall messages you have previously sent and your personal information, such as names and email addresses.
To the extent prohibited by applicable law, the Services are not intended for and should not be used by anyone under the age of sixteen. You represent that you are over the legal age. You may not access or use the Services for any purpose if the preceding sentence is not true. Without limiting the foregoing, you must be of legal working age.
Duties and Unacceptable Conduct
You agree to abide by the following list of duties and unacceptable conduct for our Services. If we believe a violation of the policy is deliberate, repeated or presents a credible risk of harm to other users, our customers, the Services or any third parties, we may suspend or terminate your access.
You may not:
Limitation of Liability
If we believe that there is a violation of the Customer Terms or any of our other policies that can simply be remedied by removal of certain Customer Data or taking other action, we may directly step in and take what we determine to be appropriate action (including disabling your account) if we believe there is a credible risk of harm to us, the Services, Users, or any third parties. To the maximum extent permitted by law, Rocket.Chat offers the Products “AS IS” and “AS AVAILABLE”, and Rocket.Chat hereby disclaims all warranties, whether express, implied or statutory, including but not limited to any implied warranties of title, non-infringement, merchantability or fitness for a particular purpose, relating to these Terms. You may have other statutory rights, in which case the duration of any statutory warranties will be limited to the maximum extent permitted by law. IN NO EVENT WILL YOU OR WE HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THE CUSTOMER TERMS IS ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.
Email and Rocket.Chat Messages
Except as otherwise set forth herein, all notices under the Customer Terms will be by email, although we may instead choose to provide notice to Customers through the Services (e.g., a bot notification). Notices to Rocket.Chat should be sent to email@example.com. A notice will be deemed to have been duly given (a) the day after it is sent, in the case of a notice sent through email; and (b) the same day, in the case of a notice sent through the Services.
As our business evolves, we may change these Customer Terms. If we make a material change to the Customer Terms, we will provide you with reasonable notice prior to the change taking effect either by emailing the email address associated with your account or by messaging you through the Services. You can review the most current version of the Customer Terms at any time by visiting this page. Any material revisions to these Customer Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you use the Services after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.
No failure or delay by either party in exercising any right under the Customer Terms will constitute a waiver of that right. No waiver under the Customer Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
The Customer Terms will be enforced to the fullest extent permitted under applicable law. If any provision of the Customer Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Customer Terms will remain in effect.
You may not assign any of your rights or delegate your obligations under these Customer Terms, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign these Customer Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
Governing Law; Venue; Waiver of Jury Trial; Fees
The Customer Terms, and any disputes arising out of or related hereto, will be governed exclusively by the applicable governing law of California, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods. In any action or proceeding to enforce rights under the Customer Terms, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.
Rocket.Chat Marketplace; Specific Provisions Rocket.Chat Marketplace is an online marketplace for plugins, addons and extensions (“Apps”) that work with Rocket.Chat´s products. The following sections govern specific provisions regarding the Marketplace in the context of these Customer Terms.
App Listing The listing for each App will identify the provider of the App (“Vendor”), which may be Rocket.Chat or a third party. Apps for which Rocket.Chat is the Vendor are “Rocket.Chat Apps,” and Apps for which the Vendor is a third party are “Third Party Apps”.
Orders You can place Orders on the Marketplace. Your Order will identify the Vendor, your authorized scope of use of the App and license or subscription term, as applicable. For any Third Party App, you agree that Rocket.Chat is the Vendor’s commercial agent and that you are required to make any related payments directly to Rocket.Chat, except where Third Party Apps may be enabled or paid for through a third party Vendor’s own website and this is indicated in the App listing. Once you complete your Order, Rocket.Chat will provide you with access to the applicable Apps. Apps are provided on a license or subscription basis and you do not acquire any ownership rights in the Marketplace or the Apps. You may terminate your Order of an App under these Terms, for no reason or any reason, by providing notice of termination to us no later than fourteen (14) days after the Order date for such App. In the event you terminate your initial Order, we will refund you the amount paid under the Order. This termination and refund right applies only to your initial Order of the App and only if you exercise your termination right within the period specified above, and does not apply to Additional Services. The Marketplace may also offer free trial periods for Apps. After expiration of the trial period, if you do not place an Order for the App, the App will cease to function and you must cease using and delete your copies of the App.
Third Party Apps are subject to the third party’s Vendor Terms, not Rocket.Chat Terms. By ordering, installing or enabling any Third Party App, you are entering into the Vendor Terms directly with the applicable third party Vendor. Any support and maintenance of Third Party Apps will be provided by the applicable Vendor to the extent described in the applicable Vendor Terms.
Marketplace Disclaimers and Liability Third party Vendors are solely responsible for their Apps and any related content or materials included in their Apps. Rocket.Chat has no liability or responsibility whatsoever for any Third Party Apps, even if Rocket.Chat has reviewed, certified, or approved the Third Party App. Any use of Third Party Apps is at your sole discretion and risk. Vendors are solely responsible for the information they provide. At any time, Rocket.Chat may remove an App from the Marketplace in accordance with applicable policies, and Vendors may also update, modify or remove their own Apps at any time. Rocket.Chat makes no guarantee that any Apps will work properly with Rocket.Chat Products as they change over time.
Please also feel free to contact us if you have any questions about Rocket.Chat’s Customer Terms of Service. You may contact us at firstname.lastname@example.org or at our mailing address below:
Rocket.Chat Technologies Corp. 2711 Centerville Road, Suite 400 Wilmington, DE, 19808 USA