TERMS OF SERVICE
Where it refers to "Shiny Inc", "we" or "us", it refers to the company we created to build Rock.
When you read "Rock", "rock.so", "platform" or "the Service" below, it refers to the services we have made available at www.rock.so and the different app stores which help you create and manage your account, spaces/messages/tasks/notes/other content you have created, shared or that have been shared with you or your organization. Where we say "you" or "user", it refers to the person or legal entity that accepts these terms and conditions and uses the Service.
When you read "Terms", "Terms of Service", "Terms and Conditions", it refers to this agreement.
This is intended to be a living document and as such we will likely improve this document over time. By continuing to use the Service, you accept any changes we make to these terms and conditions.
Acceptance of terms
By using this Service in any way, you accept these terms and conditions as described in this document and agree that (a) you are 16 years of age or older, (b) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and (c) if you are between 16 and the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms.
If you do not agree to all the terms and conditions in this document, please use other alternatives available to you.
Breach of terms
If you violate these terms, your authorization to access and use the Service will automatically be terminated.
At our sole discretion, we may block, restrict, disable, suspend or terminate access to all or part of the Service without prior notice or liability to you.
If you think we have deactivated or removed your access by mistake, send an email to email@example.com and we will follow up with additional background and context.
This agreement shall be governed by the laws of the United States and the State of Delaware. Unless contrary to the law where you reside, all disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of the United Stated and the State of Delaware and you explicitly agree to the exercise of personal jurisdiction in the aforementioned courts in connection with any such dispute.
Support and service level agreement
We aim to provide a highly reliable service and we do a variety of different things to make sure the Service is running as intended. Similar to other products we are dependent on other service providers which might experience reliability issues and on occasion we might run into unforeseen issues that might impact our reliability. As a result, we cannot guarantee that our service will always function as intended.
If anything happens we will work hard to get the Service back to normal but we cannot provide any guarantees and are not liable for any damages incurred due the outage, loss of data and other unplanned impacts on our Service.
If you have encountered any support issues, please contact us through the website or at firstname.lastname@example.org.
Intellectual property rights
All rights, title and interest in and to all materials that are part of the Service, collectively referred to as "Service Materials", (incl. but not limited to, designs, text, graphics, video, pictures, information, software, music, applications, sound and other files) except for content you have uploaded, shared or created on the Service, are owned by the company and/or itâ€™s third party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading any of the Service Materials and you agree that you shall not modify, copy, distribute, frame, download, scrape, reproduce, republish, post, transmit, sell in any form or by any means or exploit without our express prior written permission. All rights not expressly granted by these terms are reserved by Shiny Inc and its licensors, and no license is granted hereunder by implication or otherwise.
We do not claim intellectual property rights over spaces, messages, tasks, notes, files or any other content uploaded to the Service by our users.
You should only post or upload data, files or other content that you own or control the intellectual property rights for and by posting or uploading any content you confirm that you have all the rights necessary to share these on the Service.
Any content containing or promoting indecent images/depictions of children is illegal and prohibited on the service. Any illegal content will immediately be referred to the relevant authorities.
By using the service you acknowledge and agree that you may be exposed to materials from other users that might be objectionable to yourself.
You are solely responsible for the messages, files, tasks, notes and other content you share or create on service. You shall assume all risks associated with the use of this content including relying on the accuracy, completeness or usefulness and we do not guarantee accuracy, integrity, or quality of your messages, files, tasks, notes, and other content.
You acknowledge that we are not liable for loss of content or data either through service issues or by actions by yourself or other users.
Messages, files and other content can be used, removed or modified at our sole discretion to prevent spam and other abuse, to improve product features or to ensure that the service runs as intended.
If you have found an account or space used for the distribution of illegal content, please share the details in an email to email@example.com
You agree to receive communications from us electronically, such as email, test, or mobile push notifications, or notices and messages on the Service. For any direct marketing messages, we will ensure that we obtain your consent first, and we will also make it easy for you to opt out.
Ground Rules and Code of Conduct
The Service provides spaces and other features to enable people to collaborate. We have no obligation to monitor any of these but may do so in connection with providing the Service.
By using our Service, you agree that you will not:
Do anything that can harm, disrupt, interfere or overburden our Service or any associated networks, servers or websites.
Use the Service to transmit unsolicited or bulk communications to anyone.
Access or attempt to gain access to another's account, password, data or networks or computer systems connected to our Service through unauthorized means.
Submit, transmit or distribute any materials that violates or infringes the rights of others including without limitation, patent, trademark, trade secret, copyright, or other proprietary rights.
Submit, transmit or distribute any software, programs or files that is intended to cause harm or disruption of another's equipment, software, network, or other property, including but not limited to viruses, trojans, and corrupted files.
Act in a way that is unlawful or violates any applicable laws governing your actions and content.
Act in a way that violates the rights of Shiny Inc or any third party (including copyrights and privacy rights).
Disrupt, limit, or prevent any other user from using and benefiting from the Service by actions that constitute abuse, defamation, harassment, stalking or threats.
Act in a way that violates any rules as set out in this document, our code of conduct or any other policies associated with using our Service.
Violation of any of these ground rules or our code of conduct, can result in your authorization to access and use of the Service to be automatically terminated.
Third-party services are used to help us provide the Service, but such use does not indicate that we endorse them or are liable or responsible for their actions. As part of the Service, we might link to a third-party service to facilitate its provision of services to you. If you use these links, you will leave the Service and will be subject to the third-parties terms and conditions. Any services, data and content provided by other parties are subject to separate terms and conditions related to these materials or services. We assume no liability or responsibilities of any type and provide no guarantees that any third-party service will work as intended and in tandem with our Service. You agree that you will not hold Shiny Inc responsible or liable with respect to the third-party service.
The Service may allow you to encrypt your communications and content end-to-end between devices. There may be restrictions and limitations on the import, possession, use, transfer and/or export under the laws of the country in which you intend to use the Service. It is your sole obligation and responsibility to check such limitations and restrictions before using the Service and to comply with them. Even though we have no responsibility to make this determination, if the service is being used in violation of local regulations governing the use of encryption technology we reserve the right to suspend the Service immediately and without notice.
Warranties and disclaimers
- The Service will meet your requirements;
- The Service will be uninterrupted, timely, secure, or error-free;
- The quality of the service will meet your expectations and any errors or defects in the Service will be corrected.
Shiny Inc does not control or endorse the materials or message content found in any spaces. To the maximum extent permitted by law, Shiny Inc, will have no liability related to user materials under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Shiny Inc also disclaims all liability with respect to the misuse, loss, modification or unavailability of any spaces, messages, notes, files, tasks or any other user content.
The use of the Service is done at your own discretion and risk. You agree to be solely responsible for any damage to your computer system, loss of data or other harm that results from such activities. Shiny Inc assumes no liability for any computer virus or other similar software code that is downloaded to your computer through the service.
Indemnity and liabilities
You agree to indemnify and hold Shiny Inc and it's officers, directors, other partners and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or as the result of:
- Your user materials and other content that you may submit, post or transmit through the service, including a third party's use of such user materials or content;
- Your access to or use of the Service (including any use by your employees, contractors or agents and all uses of your usernames, passwords or security codes, whether or not actually or explicitly authorized by you in connection with the service);
- Your connection to the Service;
- Your infringement of any third party's intellectual property rights when using any of the software made available on the Service;
- Your violation of any rights of any third party;
- Your violation of any law, local or otherwise, that is deemed applicable to your use of the Service.
Limitation of liability
In no event shall Shiny Inc, its officers, directors, employees, partners or suppliers be liable to you or any third party for any punitive, special, incidental, indirect or consequential damages or losses of any kind, including those resulting from loss of use, data or profits, whether or not foreseeable or if Shiny Inc has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other complaint arising out of or in connection with:
- The access or use of or the inability to access or use the Service;
- The statements or actions of any third party on or via the site, service or materials;
- Any dealing with vendors or other third parties;
- Any unauthorized access to or alteration of your transmissions, user materials or other data;
- Any information that is sent or received or not sent or received;
- Any failure to store or loss of data, files, materials or other content;
- Any services that are delayed or interrupted;
- Any website referenced or linked to or from this site, service or materials;
- Your access to or use of or inability to access or use any linked site.
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions above may not apply to you. To the maximum extent permitted by law, Shiny Inc, will not be liable for consequential or incidental damages resulting set forth from above.
Grant of license
The service is licensed -- not sold -- to you by Shiny Inc for use in accordance with the terms and conditions of this Agreement. Ownership of the Service shall at all times remain with Shiny Inc. Access to the Service is provided to you only to allow you to exercise your rights under this Agreement.
Subject to your acceptance of, and compliance with, this Agreement and any applicable payment requirements, Shiny Inc, hereby grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license, in and under our intellectual property rights, to access and use the Service, solely in accordance with the terms and conditions of this Agreement.
Unless explicitly stated otherwise, any new features provided by us that augment or enhance the current Service shall also be included under "Service" and shall be subject to the same terms and conditions. All rights not expressly granted under this agreement are retained by Shiny Inc.
You may terminate your account at any time and for any reason by sending an email to firstname.lastname@example.org with "Account Termination" in the subject title. After verification of your identity, we will then proceed with deleting your account within 48 hours. We cannot respond to your request, if we cannot verify your identity or if your request lacks enough details to help us handle this request. Shiny Inc may terminate your account and your access to the Service (or at the company's sole discretion, applicable portions of the Service) at any time and for any reason without prior notice or warning. As a result of termination, you may lose your account and all information and data associated with your account. The company is under no obligation to compensate you for any such loss.
Class action waiver
Shiny Inc and you agree to resolve any dispute in an individual capacity and not on behalf of or as part of a purported class. More than one person's or entity's claim cannot be combined into a single case and any decision or award can only impact the person or entity that brought the claim. This class action waiver section shall survive any termination of your account or the Services.