Effective Date: September 22, 2026
These Terms of Use (“Terms of Use” or “Terms”) and other documents that we reference below make up the requirements to use the Rock Platform. Capitalized terms are defined either in Section 2 below, or within the context of the Agreement.
The Agreement is legally binding between you and Rock Home, Inc. Because it is such an important contract between us and our Users, we have tried to make it as clear as possible.
Please note that Section 14 contains important information about how disputes between you and Rock Home, Inc. will be resolved, including your agreement to waive any right to a jury trial and to participate in class actions.
This contract sets out your rights and responsibilities when you use the Rock Platform. Please read it carefully. By using the Rock Platform, you’re agreeing to the Terms. If you do not agree with the Terms, you may not use the Rock Platform.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS THE USE OF THE ROCK PLATFORM AND APPLIES TO ALL USERS VISITING OR ACCESSING THE ROCK PLATFORM. BY ACCESSING OR USING THE ROCK PLATFORM IN ANY WAY, ACCEPTING THIS AGREEMENT BY CLICKING SIGN-IN BUTTONS, COMPLETING THE ACCOUNT REGISTRATION PROCESS, OR ACCESSING THE ROCK PLATFORM, YOU REPRESENT THAT YOU: (a) HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT; (b) YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND ARE NOT BARRED FROM USING THE ROCK PLATFORM UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION; AND (c) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR, IF YOU ARE ACCESSING OR USING THE ROCK PLATFORM ON BEHALF OF AN ENTITY, ON BEHALF OF THE ENTITY IDENTIFIED IN THE ACCOUNT REGISTRATION PROCESS. IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT IS DOING SO ON BEHALF OF AN ENTITY, ALL REFERENCES TO “YOU” OR “YOUR” IN THIS AGREEMENT WILL ALSO BE DEEMED TO REFER TO SUCH ENTITY. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE ROCK PLATFORM.
The following are key terms that will be helpful as you read these Terms. Other key terms may be defined in the context within the Agreement. These are denoted in bold and capital lettering.
“Account” means the account each User creates in order to use the Rock Platform. It serves as a User’s identity on the Rock Platform.
“Agreement” refers, collectively, to all the terms, conditions notices contained or referenced in these Terms of Use and all other operating rules, policies (including in any supplemental terms) and procedures that we may publish from time to time on the Rock Platform.
“AI Tools” means any tools, features, or functionality in the Services that may be offered by Rock from time to time that utilize artificial intelligence or machine learning technologies.
“Confidential Information” means all information disclosed by Rock or made available to you through the use or access to the Rock Platform, whether tangible or intangible and in whatever form or medium provided.
“Content” refers to content featured or displayed through the Rock Platform, including documents, data, text, images, photographs, artwork, graphics, video, messages, tags, and/or content, materials, and other items.
“Documentation” means the user documentation made available online to Users.
“Laws” means all laws, regulations, conventions, judgments, codes, decrees, decisions, orders, or other binding requirements of any Governmental Authority having jurisdiction.
“Privacy Policy” means Rock’s privacy policy found at https://rockhome.app/privacy as may be updated by Rock from time to time at its sole discretion.
“Site” means the Rock website found at https://rockhome.app, which grants access to the Rock Platform to Users.
“Share” (and its derivatives) refers to uploading, sharing, posting, emailing, transmitting, querying, commenting, or otherwise making available to the Rock Platform.
“Third-Party Products” means any and all open-source software, applications, data, APIs, models, or other products or services owned by third parties and licensed to Rock for use in connection with the Services and subject to contractual, regulatory, and legal obligations.
“Third-Party Systems” means all software, applications, data, APIs, or other products or services owned by third parties and licensed to Rock that is accessed, connected to, or otherwise used in conjunction with the Services.
“Third-Party Terms” means any and all agreements, terms, conditions, policies, other requirements of a third-party provider of a Third-Party Product, each as may be updated from time to time by the applicable third party.
“Rock,” “we,” “us,” or “our” means Rock Home, Inc.
“Rock Platform” or “Services” means the Site and any other website application, interface, mobile applications, API, portal, or web service application enabled or made available by Rock and any User’s access thereto.
“User Content” is Content that is Shared by Users other than you.
“Users” are the individuals, companies, or organizations that have visited or are using the Rock Platform.
“You” and “your” refers to the User, company, or organization that accepts this Agreement, creates the Account, if applicable, or accesses or uses any part of the Rock Platform.
“Your Content” is Content that you Share.
a. Creating Your Account. In order to access certain features of the Rock Platform, you will be required to create an Account. You must be 18 years or older to use the Rock Platform. You must not create an Account or use the Rock Platform if you have been previously removed by Rock, or if you have been previously suspended or removed from the Rock Platform. You must not create an Account using a false identity or information, or on behalf of someone other than yourself.
b. Registration Data. In registering an Account on the Rock Platform, you must (a) provide true, accurate, current, and complete information about yourself as prompted (the “Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Rock may suspend or terminate your Account and refuse any and all current or future use of the Rock Platform (or any portion thereof) if you provide false or inaccurate data.
c. Responsibility for Account. You are solely responsible for any activity on your Account. If you are registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business.
d. Your Account. You do not own or have any other property interest in your Account. Furthermore, you are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, even individuals in the same business or entity, and you must tell us immediately of any unauthorized use of your password or any other breach of security. You may not have more than one Account at any given time. Rock reserves the right to remove or reclaim any usernames at any time for any reason, including claims by a third party that a username violates the third party’s rights.
e. Communications with Rock. Except as may be set forth in any supplemental terms, Rock only offers support via email (through support@rockhome.app). Please review Section 15 (General Provisions) for how to contact Rock for legal notices.
f. Privacy and Security. The Services can involve the submission, collection and/or use of personal information. We and any applicable third party may collect, access, and use such information relating to Users. Personal Information collected by us in connection with the Services will be maintained in accordance with our posted Privacy Policy.
We endeavor to maintain reasonable administrative, technical and physical safeguards designed to protect our Services against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use, although we cannot and do not guarantee the security of any information. If we detect potentially suspicious activity associated with your Account (e.g., a potential cyberattack or compromise), we may disable access to them as deemed appropriate in our reasonable discretion. In the event we do so, we will endeavor to promptly notify you about the issue and potential steps toward resolution.
The Services may include features that process Content through AI Tools. Use of the AI Tools may be subject to Third-Party Terms. In response to any prompts, comments, questions or other input (“Input”) and Your Content that User may provide to the AI Tools, some of the AI Tools may generate output based on such Input (“Output”). User acknowledges that the Outputs are based on its Inputs and Content, and that Rock has no control over such Inputs and Content. User represents and warrants that it has all necessary rights and permissions to submit any Content or Input to the AI Tools. User further acknowledges and agrees that: (a) any AI-generated content, suggestions, Outputs, or code as provided “AS-IS,” “WHERE-IS,” without warranty of any kind by Rock, including any warranties of accuracy, completeness, truthfulness, timeliness or suitability, or with respect to the ability for Outputs or Inputs to be protected by intellectual property rights under any Laws; (b) User is solely responsible for reviewing, testing, and implementing such content and Outputs, and will comply with all applicable Law in using such content and Output; (c) User assumes all risks and liability associated with the use of AI Tools and Output, and any third party that you share such Outputs with; and (d) Rock shall not be liable for any decisions, actions, or code implementations made based on such AI Tools or AI-generated content. User further acknowledges that any Content or Input provided to or through the AI Tools may be used to improve and train its AI Systems, provided that such data is anonymized and aggregated.
a. Paid Services.
Certain Services we provide may be subject to payment of particular fees (“Fees”), as determined by Rock at its sole discretion and as posted on our website (“Paid Services”). We have the sole discretion as to the means, manner, and method for performing the Services. We have the right to offer the Services through different price plans and impose different restrictions for the upload, storage, download and use of the Services in each price plan.
i. Rock will notify you of applicable Fees for your use of the Services, and you must pay Rock for the Paid Services you select on the payment schedule specified by Rock.
ii. Rock reserves the right to change its Fees at any time in its sole discretion. Rock will send notice regarding the change to you if such change will affect your existing subscription.
iii. If you receive a free trial, discount or other promotional offer from us, Rock will have the right, at the end of the applicable free/discounted period, to automatically and without notice renew your subscription to such Paid Services at then-current applicable Fees.
iv. You agree to provide current, complete, and accurate payment information for all purchases, so that we can complete your transactions and contact you as needed. No purchases are permitted for resale or transfer to another person or organization without our express authorization. We may store a tokenized copy of your payment information for future transactions if you permit or you agree to any recurring payments. If your selected payment method cannot be charged for any reason (e.g., expired), you authorize us to use any credit or other payment method stored in your Account. All payments must be in U.S. dollars unless otherwise specified.
v. All Fees are in U.S. Dollars and payable in U.S. Dollars to Rock, except as specifically stated otherwise, in writing by Rock. All Fees are exclusive of applicable taxes including value-added tax, sales tax, goods and service tax, and other levies or duties imposed by taxing authorities, and you shall be responsible for payment of all applicable taxes relating to your use of the Services, or to any payments or purchases made by you. If Rock is obligated to collect or pay taxes for the Fees payable by you, and whether or not such taxes were added and collected from you for previous transactions, such taxes may be added to the payment of any outstanding Fees and will be reflected in the statement for such transaction. We recommend that you verify the existence of any additional fees you may be charged with third parties in connection with the purchase of Paid Services or in connection with renewal thereof (such as international transaction fees, currency exchange fees, or fees due to banks or credit card companies). Rock is not responsible for any such additional fees or costs.
vi. If you purchase Paid Services from Rock, then as part of registering or submitting information to receive Paid Services, you also authorize Rock (either directly or through its affiliates, service providers, or other third parties) to request and collect payment and service fees, and otherwise charge, refund or take any other appropriate billing actions, through our payment provider or your designated bank account, and make any inquiries Rock may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
vii. ALL PURCHASES THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE.
b. Invoices.
Rock will issue a billing statement for any payment of Fees or refund made to or by Rock (“Statement”). Statements will be issued in electronic form and made available to you via your Account and/or by email. For the purpose of issuing a Statement, you may be required to furnish certain personal information (as such term is defined in our Privacy Policy) in order for us to comply with local Laws.
c. Subscription and Auto-Renewals
i. In order to ensure that you do not experience any interruption or loss of Services, certain Paid Services are provided on a subscription basis (“Subscription”) and include an automatic renewal option by default, according to which, unless you turn off the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable Subscription period, for a renewal period equal in time to the original Subscription period (excluding extension periods) and, unless notified to you, at the same price (subject to applicable taxes changes and excluding any discount or other promotional offer provided for the first period).
Before completing your purchase, you will be clearly presented with all material terms of the Subscription, including the recurring nature of the charges, frequency, amount, cancellation process, and renewal terms, and you must affirmatively consent to these terms (e.g., by checking an unchecked box or taking other clear action).
ii. Accordingly, where applicable and as for Fees paid directly to Rock, Rock will attempt to automatically charge you the applicable Fees using the payment method in your Account, within up to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may, at our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel your Account, without further notice.
iii. By entering into these Terms and by purchasing a Subscription, you acknowledge and agree that the Subscription shall automatically renew in accordance with the above terms.
iv. Notwithstanding anything to the contrary in the foregoing, you are, and shall be, solely responsible to verify and ensure the successful renewal of the Rock Services you use (whether or not such Services are subject to automatic Subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Services previously purchased by you, including due to cancellation, failure to charge the applicable recurring Fees, or due to any Rock Services not being subject to automatic Subscription renewals. Cancellation options will be made available in a manner that is as simple and accessible as the method used to sign up. For example, if you signed up online, you will be able to cancel your Subscription through your Account settings or another similar accessible online feature. Additional cancellation methods (e.g., email) may be provided depending on the original sign-up channel. You acknowledge and agree that you shall not have any claims against Rock in relation to the discontinuation of any Services, for any reason.
d. Chargebacks
i. If at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees due to Rock for your Account (a “Chargeback”), it will be considered as a breach of your payment obligations, and your use of the Services may be automatically disabled or terminated. In the event a Chargeback is performed, your Account may be blocked without the option to re-purchase or re-use it, and any data contained in such Account may be subject to cancellation.
ii. Your use of the Services will not resume until you re-subscribe for any such Services, and pay any applicable Fees in full, including fees and expenses incurred by Rock for each Chargeback received (including Fees for Rock Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
iii. If you have any questions or concerns regarding a payment made by you to Rock, we encourage you to first contact us as provided below before filing a Chargeback or reversal of payment, in order to prevent the Services from being canceled and your Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Rock Services purchased (and charged back) by you.
iv. We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the user is responsible for such Chargeback and did, in fact, authorize the transaction and received or made use of the services rendered thereafter.
e. Cancellation
You may discontinue to use and request to cancel your Account and/or any Rock Services at any time, in accordance with the instructions available through the Services. If you signed up through our Site, you will be able to cancel through an online cancellation mechanism that is at least as simple as the sign-up process. This may include a “Cancel Subscription” button in your Account settings or an equally accessible online form. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ period, provided however, that Subscriptions will be discontinued only upon the expiration of the respective period for which you have already made, or required to make, any payment. Please note that the cancellation process may take a few days.
Failure to comply with any of our Terms and failure to pay any due Fees shall entitle Rock, among other things, to suspend (until full payment is made) or cancel your Account (or certain features thereof), as well as the provision of any related Rock Services (e.g., Paid Services) or third party services to you.
THE TERMS AND CONDITIONS IN THIS SECTION 5 ARE ONLY AS BROAD AS PERMITTED BY LAW AND DO NOT AFFECT ANY STATUTORY RIGHTS YOU MAY HAVE.
a. Your Content. You may not Share any of Your Content unless you have the necessary rights as contemplated in the Agreement. When you Share any of Your Content, you represent that you own or have sufficient rights to Share Your Content in connection with the Rock Platform, including to grant the license set forth in Section 7(b) (Your Grant of License). Rock has the right in its sole discretion to remove or block any of Your Content at any time where (a) Your Content violates applicable laws, regulations, orders, or is in violation of the Agreement, including the acceptable use policy; (b) removal or blocking is necessary because of exigent circumstances or to protect the safety, security, reputation, or integrity of the Rock Platform or any third party; or (c) in order to respond to requests from law enforcement or any other governmental authority.
b. Inappropriate Content. You are entirely responsible for all of Your Content that you Share. You must not share any of Your Content on or through the Rock Platform, that: (a) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, pornographic, offensive, or profane; (b) infringes or misappropriates any third party’s intellectual property rights or other proprietary rights; (c) contains any viruses, worms or other malicious computer programming codes that may damage the Rock Platform; (d) contains any personal information, such as financial, medical or other sensitive personal information, such as government IDs, passport numbers or social security numbers; or (e) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes. Furthermore, Your Content may not contain nudity, violence, sexually explicit, obscene, or offensive subject matter as determined by Rock in its sole discretion. You may not Share any of Your Content that includes any identifiable person or any of their personal characteristics without that person’s permission, including such information provided by a User.
c. Data Backup. Rock is not responsible and will not have any liability for (a) any such loss or the accuracy of any Content; (b) the failure to store, transmit, or receive transmission of any Content; or (c) the security, privacy, storage, or transmission of other communications originating with or involving use of the Rock Platform. Rock is not responsible for the backup of Your Content. You acknowledge that data conversion, processing and manipulation are subject to the likelihood of human and machine errors, omissions, delays, and losses, including inadvertent loss of data or damage to media that may give rise to loss or damage. You should adopt reasonable measures to limit the impact of such problems, including backing up data, and adopting procedures to ensure the accuracy of data; examining and confirming results prior to use; and adopting procedures to identify and correct errors and omissions, replace lost or damaged media, and reconstruct data. You are also responsible for complying with all local, state, and federal laws pertaining to the use and disclosure of any data.
a. Rock Grant of License. Subject to your compliance with the Agreement, Rock grants to you a limited, royalty-free, worldwide, non-exclusive, non-transferable license to (a) use and access the Rock Platform, for your personal use. This license does not include any right to resell or collect and use of any derivative of the Rock Platform, AI Tools, Your Content, or User Content; any downloading or copying of Account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools. Except as expressly permitted herein, the Rock Platform and/or any portion of the Rock Platform may not be reproduced, sold, resold, visited or otherwise exploited for any purpose without Rock’s express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. Some features may not be available on all devices. Further, the Rock name, logo, and trademarks, stylizations, graphics, service marks and tradenames used on or with the Rock Platform (“Rock Marks”) are the trademarks of Rock and may not be used without permission. Other trademarks, service marks and trade names that may appear on or in the Rock Platform are the property of their respective owners. You may not use Rock’s name or any language, pictures or symbols that could, in Rock’s judgment, imply Rock’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
b. Your Grant of License. You hereby grant to Rock a worldwide, non-exclusive, royalty-free, transferable, sublicensable to Users and multiple tiers of other of sublicensees, irrevocable, perpetual right (including any moral rights) and license to use, reproduce, perform, display, distribute, store, adapt, translate, modify, process, and create derivative works of all of Your Content, in whole or in part, and in combination with User Content and other data or materials for the purposes of (a) providing and operating the Rock Platform, performing support, and performing additional Rock Platform functions; and (b) to improve the Rock Platform.
c. Feedback. You hereby grant Rock a royalty-free, worldwide, irrevocable, perpetual license to use or incorporate into the Rock Platform, without restriction, any and all suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you relating to any of the Rock Platform (“Feedback”). Rock will not publicly identify you as the source of such Feedback without your permission.
d. Usage Data. As between Rock and you, all data analytics, technical logs, learnings, and data generated from your use of the Rock Platform (“Usage Data”) is the sole and exclusive property of Rock. Rock will not disclose Usage Data externally unless it is (a) de-identified so that it does not identify you; and (b) aggregated with data across other Users.
e. Ownership. Except for the limited license granted to Rock under Section 7(b) (Your Grant of License), you solely own and retain all rights, title and interest in Your Content. Except for the limited license granted to you pursuant to Section 7(a) (Rock Grant of License), Rock solely owns and retains all right, title and interest in and to the Rock Platform, Usage Data, AI Tools, Feedback, and Rock Marks, including all of the software comprising any portion thereof and all related services, specifications, Documentation, technical information, corrections, modifications, derivatives, additions, improvements and enhancements to and all intellectual property rights in the foregoing. All techniques, know-how, software, algorithms and methods or rights thereto owned by Rock at the time this Agreement is executed, developed during the course of the design, development, and provision of the Rock Platform, or which are employed by Rock in connection with the Rock Platform, shall be and remain the property of Rock.
f. Compliance with Laws and Regulations. You are responsible for complying with all applicable Laws, rules, and regulations in all your actions related to your use of the Rock Platform, regardless of the purpose of the use.
g. Monitoring. Rock may, but is not obligated to, investigate, monitor, pre-screen, remove, refuse, or review the Rock Platform and/or Content, at any time. You hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the Sharing of Your Content in any form.
h. Use Restrictions. Rock grants no rights other than explicitly granted in this Agreement and User shall not exceed the scope of its license. These restrictions apply to all use of the Services, whether by User or any activity under its Account or credentials. For the avoidance of doubt, User shall not (or permit any third party to):
i. violate or attempt to bypass any usage restrictions on specific features or settings, such as limits on access, frequency, storage, capacity, or other system resources;
ii. reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, engage in model extraction or stealing attacks, attempt prompt injection or jailbreaking techniques, attempt to bypass system safeguards or content filters, manipulate or override the system’s intended constraints or instructions, analyze the internal operations or structure of the Services, or otherwise attempt to discover, access, derive, or reconstruct any source code, underlying components of the Services, algorithms, source prompts, training methodologies, proprietary techniques, and/or systems of any Service (except to the extent these restrictions are contrary to applicable Law);
iii. coordinate malicious activities across multiple accounts; using automation to create accounts or engage in spam behavior, or unauthorized use of prompts and completions to train AI models or extract or replicate Rock’s proprietary data, models, or systems;
iv. modify, copy, reproduce, or create derivative works based on any Service, support, professional services, or Documentation;
v. remove, modify, or obscure any terms, confidential branding, proprietary notices, copyright notices, branding or identifying disclaimers from any Service, support, professional services, or Documentation;
vi. access or use any Service, support, professional services, or Documentation, or analyze the performance, capabilities, functionality, response patterns, or output of any Service, support or professional services to create any competing model, product or service to benchmark against a competing model, product or service, or to reconstruct Rock’s proprietary methods, processes, or trade secrets;
vii. engage in or use any data mining, crawling, readers, bots, scraping, systematic querying, or similar data collection extraction methods that result in a load on the Service inconsistent with normal human usage behavior or that could be used to derive Rock’s confidential information or trade secrets;
viii. access or use the Services by any means other than through the interfaces that is provided by Rock or do any “mirroring” or “framing” of any part of the Services, or create internet links to the Services that include log-in information, customer names, passwords, and/or secure cookies;
ix. use any method to extract, harvest, collect, or store data from the Services or support other than as permitted through the Services; or buy, sell, or transfer API keys except as may be otherwise permitted as set forth in this Agreement;
x. share, rent, or allow concurrent use of access credentials; use or attempt to use stolen, hacked, purchased, borrowed, or otherwise improperly obtained credentials; access the system through any automated or programmatic method not explicitly authorized; impersonate another user; or permit use of any Services, support, professional services or Documentation, by any unauthorized individual, entity, device, or system;
xi. use any Services in violation of any applicable Law, including any purposes classified as “prohibited” or “high-risk” under applicable Laws, including AI regulatory requirements in various countries and regions;
xii. use any Services in a manner that knowingly infringes, misappropriates, or otherwise violates any third party’s rights, including through unauthorized surveillance or profiling;
xiii. use any Services for any unlawful, prohibited, defamatory, fraudulent, deceptive, unethical, inappropriate, offensive, violent, pornographic, obscene, abusive, or harmful purpose or activities;
xiv. attempt to probe, scan, or test the vulnerability of the Services, breach of the security or authentication measures of the Services or support without proper authorization, or intentionally make any part of the Services unavailable to any individual, entity, device, or system;
xv. introduce into any Services or Documentation, or use the Services to upload any data that results in the distribution or execution of, any malicious code, including viruses, Trojan horses, time bombs, spyware, adware, or other harmful technologies;
xvi. use the Services in any manner that disrupts or compromises the integrity or security of the Services or related systems;
xvii. transfer, lease, lend, provide, display, publish, license, sublicense, sell, assign, or otherwise make any Services, or use the Services, whether as a service bureau or otherwise, to provide services to any individual, entity, device, or system except as expressly permitted in this Agreement;
xviii. collect, record, store, analyze, or disclose confidential information related to the operation or outputs of the Services, including patterns, methodologies, response characteristics, or other proprietary elements that could reveal Rock’s trade secrets, or
xix. use the Services in violation of Rock’s policies or that may harm Rock's name or reputation or that of any of Rock’s affiliates or partners.
All rights not expressly granted by Rock are reserved by Rock, and User acknowledges that all intellectual property rights, trade secrets, and confidential information related to the Services remain the exclusive property of Rock.
a. Third-Party Websites, Applications, and Ads. The Rock Platform may use and/or contain links to third-party websites, mobile apps, software, products, services, and advertisements for third parties, including connections with and to the Payment Processor (collectively, the “Third-Party Services”). Rock has no control over these Third-Party Services or their content and does not assume responsibility or liability for any content, opinions, or material available on them. Third Party Services may include websites operated by third parties that Rock engages to provide certain services to you on Rock’s behalf. The Rock Platform may also contain data or other materials that are made available by third parties, or content that are based on such third-party data or other materials.
b. Disclaimer. Rock does not own the Third-Party Services or the Content, opinions, and materials contained therein. Rock expressly disclaims, and does not assume, any responsibility or liability for any Third-Party Services, or any Content, opinions, or material available on Third-Party Services, or such Third-Party Services’ privacy practices with respect to information that you provide via the Third-Party Services. Rock does not endorse the content of any Third-Party Services or represent or warrant that a Third-Party Service is or will be free of computer viruses or other harmful code that can impact your computer or other web-access device. We encourage you to review any Third-Party Service's terms of use and privacy policy as those apply to your use of the Third-Party Service and any information that they collect.
a. Indemnification. User must indemnify and hold harmless Rock, its affiliates, subsidiaries, shareholders, officers, directors, employees, licensors, contractors, agents and representatives, (each, a “Rock Party” and collectively, the “Rock Parties”) against any and all losses, liabilities, damages, penalties, liens, fees (including reasonable attorneys’ fees, disbursements and costs of investigation), costs and expenses (collectively “Losses”) suffered, incurred or sustained by any Rock Parties or to which any Rock Parties become subject, resulting from or arising out of or relating to any third party claims arising out of: (a) Your Content; (b) your use of, or inability to use, the Rock Platform; (c) your violation of any term of this Agreement; (d) your violation of any rights of another party, including the infringement, violation or misappropriation of any intellectual property rights or proprietary rights of a third party; (e) your violation of any applicable laws, rules or regulations; and (f) your willful, grossly negligent, tortious or criminal acts or omissions.
b. Defense. Rock reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Rock in asserting any available defenses. The applicable Rock Party will provide you with written notice of any claim for which it seeks indemnification under this Section 9.
a. Your Representations and Warranties. You represent and warrant to Rock that (a) your Content does not infringe, violate, or misappropriate the intellectual property rights or proprietary rights of any third party; (b) you have obtained all necessary rights and consents to provide Your Content under this Agreement; (c) you hold all applicable licenses and qualifications required by applicable law and will otherwise comply with all applicable law, rules, and regulations; (d) you will comply with all applicable law, rules, and regulations; and (e) you satisfy and will continue to satisfy all eligibility requirements to use the Rock Platform, as such requirements may be revised or updated.
b. Disclaimer.
i. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES (INCLUDING THE ROCK PLATFORM AND AI TOOLS) AND DOCUMENTATION ARE MADE AVAILABLE BY ROCK TO CUSTOMER “AS IS” AND WITH ALL FAULTS, ERRORS, BUGS AND DEFECTS. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, ROCK MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONDITION, CHARACTER, NATURE, CAPABILITY, PERFORMANCE, SECURITY, AVAILABILITY, SUITABILITY, TITLE, SOURCE OR ANY OTHER CHARACTERISTIC OF THE SERVICES OR ANY PORTION THEREOF. ROCK HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES (INCLUDING THE ROCK PLATFORM AND AI TOOLS) AND DOCUMENTATION, AND THIS AGREEMENT, INCLUDING: (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; OR (iii) ANY WARRANTY THAT THE SERVICE WILL BE SECURE OR ERROR-FREE, WILL MEET USER’S REQUIREMENTS, WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY OR SECURE, OR OPERATE WITHOUT ERROR. THIS DISCLAIMER EXPRESSLY APPLIES TO ANY OUTPUT, AI TOOLS, THIRD-PARTY PRODUCTS AND THIRD-PARTY SYSTEMS, WHETHER DEVELOPED BY ROCK OR PROVIDED THROUGH THIRD-PARTY INTEGRATIONS.
ii. DUE TO THE NATURE OF THE OUTPUT, AI TOOLS, AND THIRD-PARTY PRODUCTS, ROCK DOES NOT REPRESENT OR WARRANT THAT (i) ANY OUTPUT, AI TOOLS, OR THIRD-PARTY PRODUCTS DO NOT INCORPORATE OR REFLECT THIRD-PARTY CONTENT OR MATERIALS OR (ii) ANY OUTPUT, AI TOOLS, OR THIRD-PARTY PRODUCTS WILL NOT INFRINGE OR MISAPPROPRIATE ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. USER ACKNOWLEDGES AND AGREES THAT ANY RELIANCE ON THE SERVICES (INCLUDING ROCK PLATFORM OR AI TOOLS) OR OUTPUTS IS AT CUSTOMER’S SOLE RISK. ROCK SHALL HAVE NO LIABILITY ARISING FROM ANY DECISIONS MADE, ACTIONS TAKEN, OR FAILURES TO ACT BASED ON THE SERVICES (INCLUDING ROCK PLATFORM OR AI TOOLS) OR ANY OUTPUT, THIRD-PARTY SYSTEM, OR THIRD-PARTY PRODUCT. ANY USER CONTENT ACCESSED THROUGH THE SERVICES IS ACCESSED AT USER’S OWN RISK, AND USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH USER CONTENT.
iii. ROCK PROVIDES CERTAIN APPLIANCE AND/OR MAINTENANCE DATA FOR INFORMATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE AND AGREE THAT ANY DECISIONS, ACTIONS, OR OMISSIONS YOU MAKE BASED ON SUCH FORECASTS – WHETHER OR NOT THEY ARE GENERATED USING AI TOOLS – ARE ENTIRELY AT YOUR OWN RISK. ROCK MAKES NO GUARANTEES REGARDING THE ACCURACY, COMPLETENESS, OR APPLICABILITY OF ANY FORECAST TO YOUR SPECIFIC SITUATION OR OPERATIONS, AND SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR CONSEQUENCE RESULTING FROM RELIANCE ON SUCH DATA.
a. Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ROCK BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN AN EQUITABLE, LEGAL, OR COMMON LAW ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), ATTORNEY’S FEES AND COSTS, OR OTHERWISE, FOR DAMAGES WHICH, IN THE AGGREGATE, EXCEED THE GREATER OF (a) THE AMOUNT OF PAYMENTS MADE BY YOU TO ROCK DIRECTLY FOR YOUR USE OF THE ROCK PLATFORM; OR (b) ONE HUNDRED DOLLARS ($100). THE LIMITATIONS SET FORTH IN THIS ARTICLE 11 (LIMITATION OF LIABILITY) SHALL NOT APPLY TO YOUR OBLIGATION TO PAY FOR FEES DUE UNDER THIS AGREEMENT, IF ANY, OR ANY OTHER AGREEMENT BETWEEN YOU AND ROCK.
b. Exclusion of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ROCK BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWEVER CAUSED INCLUDING, ATTORNEYS FEES AND COSTS, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR GOODWILL.
c. No Liability for Conduct of Third Parties. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND OTHER THIRD PARTIES ON OR THROUGH THE ROCK PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT THE ROCK PARTIES ARE NOT LIABLE FOR THE CONDUCT OF OTHER USERS OR OTHER THIRD PARTIES, INCLUDING OPERATORS OF THIRD-PARTY SERVICES. YOU UNDERSTAND THAT ROCK DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF OTHER USERS OR THIRD PARTIES. ROCK MAKES NO WARRANTY THAT THE ROCK PLATFORM OR PRODUCTS PROVIDED BY OTHER USERS AND THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ROCK MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE ROCK PLATFORM.
a. Non-Disclosure. Rock may disclose or make available Confidential Information to you whether or not pursuant to this Agreement or through the Rock Platform. You must: (a) hold in confidence and safeguard the Confidential Information of Rock from unauthorized use, access, disclosure or processing using no less than a commercially reasonable degree of care at least as strict as the level of care used by you to protect its own confidential information; (b) not use or exploit the Confidential Information in any way except for the purposes of using the Rock Platform; and (c) not disclose or make available such Confidential Information (in whole or in part) to any person or entity. You are responsible for any and all breaches of the Agreement caused by third parties who gain access to Confidential Information through you. You must promptly report to Rock any actual or suspected violation of the Agreement and take all reasonable further steps to prevent, control or remedy any such violation.
b. Exclusions. Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of your breach of the Agreement; (b) is obtained by you on a non-confidential basis from a third party that was not legally or contractually restricted from disclosing such information; or (c) you establish, by documentary evidence was or is independently developed by you without using any Confidential Information of Rock.
a. Your Termination. You may cancel your Account at any time by following the termination steps set forth in your Account or emailing us at support@rockhome.app. Cancellation of your Account automatically terminates this Agreement.
b. Suspension by Rock. In addition to the rights set out elsewhere in this Agreement, Rock may suspend or terminate your access to your Account or any of the Rock Platform, with or without notice, in the event that (a) you provide any information that is untrue, inaccurate, incomplete or not current, or Rock believes, in its sole discretion, that any information you provide is untrue, inaccurate, incomplete or not current; (b) you breach the terms of this Agreement; (c) Rock reasonably believes such action is necessary to protect the security or integrity of any of the Rock Platform or any data therein, or (d) your use of or access to the Rock Platform risks harm to the Rock Platform, other Users, or others or violation of law.
c. Modification, Suspension or Discontinuance of Rock Platform. We reserve the right to change, suspend, or discontinue any of the Rock Platform for you, any or all Users, at any time, for any reason, including those laid out in our policies under the Agreement. We will not be liable to you for the effect that any changes to the Rock Platform may have on you.
d. Termination by Rock. Rock may terminate this Agreement at any time, without cause.
e. Effect of Termination. Upon cancellation of your Account or other termination of the Agreement, your right to use the Rock Platform will automatically terminate and Rock may delete Your Content associated therewith. If we suspend your Account or access to the Rock Platform, we may also bar your further use or access to the Rock Platform. Except where an exclusive remedy is provided, exercising a remedy under this Agreement, including termination, does not limit other remedies a party may have.
f. Survival. All provisions of this Agreement that by their nature should survive termination will survive termination – including: license rights, ownership provisions, confidentiality, warranty disclaimers, indemnity, and limitations of liability.
a. Applicable Law. These Terms shall be governed and construed in all respects in accordance with the laws of the State of Oregon, without regard to any conflict of laws principles. The courts of general jurisdiction over any and all disputes arising out of, relating to or concerning any use of the Services of these Terms.
b. Dispute Resolution. You and Rock agree that any complaint, dispute, or disagreement, whether based on past, present, or future events, arising out of or related in any way to these Terms, any use of the Services, or User Content will be resolved in Oregon federal or state (including small claims) court. This dispute resolution procedure expressly supersedes any prior provision of these Terms. You agree that regardless of any statute or law that establishes a different statute of limitations, to the maximum extent permitted under applicable Law, any claim or cause of action arising out of, related to or connected with any use of the Services, these Terms, or other transactions or relationships you have with Rock, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
c. No Opt Out Rights. You do not have the right to opt out of this Dispute Resolution section. Rather, your sole remedy if you do not accept these Terms (including this Dispute Resolution section) is to cancel your Account and Subscription (if any) and cease use of the Services.
d. WAIVER OF CLASS ACTIONS. BY USING THE SERVICES AND THEREBY AGREEING TO THESE TERMS, YOU AND ROCK ACKNOWLEDGE AND AGREE TO IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
e. WAIVER OF JURY TRIALS. BY USING THE SERVICES AND THEREBY AGREEING TO THESE TERMS, YOU AND ROCK ACKNOWLEDGE AND AGREE TO IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM.
a. App Store Terms. If you download, access and/or use the Services from Apple’s App Store or another third-party platform (e.g., Google’s Play Store) (collectively, “Third-Party App”) you acknowledge and agree that: (i) these Terms are between you and Rock, and not with Third-Party App; (ii) Third-Party App is not responsible for the Services; (iii) Third-Party App has no obligation at all to provide any support or maintenance services in relation to the Services, and if you have any maintenance or support questions in relation to the Services, please contact Rock; (iv) any claims related to use of the Services are between you and Rock and Third-Party App is not responsible for addressing any claims, including, but not limited to product claims, any claim arising under consumer protection, privacy, or similar legislation, and any claim that the Services fail to conform to any applicable legal or regulatory requirement; (v) in the event of any claim by a third-party that your possession or use of the Services infringes any intellectual property rights, Third-Party App will not be responsible or liable to you in relation to that claim; (vi) your use of the Services will comply with any applicable terms of agreement with Third-Party App and you will not use the Services in any manner that is in violation of or inconsistent with usage rules set forth by Third-Party App; (vii) your license to use the Services is limited to a non-transferable licenses to use the Services on a device that you own or control, as permitted by the terms of your agreement with Third-Party App, except that such Services may be accessed and used by other accounts associated with the purchaser of the device via family sharing, volume purchasing, or legal contracts, and (viii) Third-Party App is a third-party beneficiary under these Terms and will have the right to enforce these Terms against you. If you download the Services to a Third-Party App device, in the event of any failure of the Services to conform to any applicable warranty, you may notify Third-Party App, and Third-Party App will refund the purchase price for such Services. To the maximum extent permitted by applicable law, Third-Party App will have no other warranty obligation whatsoever with respect to the Services. You represent and warrant that (i) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
b. Electronic Communications. The communications between you and Rock may take place via electronic means, whether you visit the Rock Platform or send Rock emails, or whether Rock posts notices on the Rock Platform or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Rock in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Rock electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).
c. Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Rock’s prior written consent. Rock may, without your consent, freely assign and transfer this Agreement, including any of its rights, obligations, or licenses granted under this Agreement. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
d. Force Majeure. Rock will not be liable for any delay or failure to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of the affected party, including acts of God, flood, fire, loss of electricity or other utilities, epidemic, pandemic, act of a public enemy or terrorist, act of any military, civil, regulatory or governmental authority, change in law or regulation, labor problem or unavailability of supplies and any other cause, whether similar or dissimilar to any of the foregoing that could not have been prevented by Rock with reasonable care ("Force Majeure Event"). A Force Majeure Event does not excuse User's payment obligations under this Agreement.
e. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Rock, please contact us at: support@rockhome.app. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
f. Agreement Updates. When changes are made, Rock will make a new copy of the Agreement available on the Rock Platform, and we will also update the “Effective Date” at the top of this Agreement. If we make any material changes and you have registered an Account with us, we will also send an email with an updated copy of this Agreement to you at the email address associated with your Account. Unless otherwise stated in such update, any changes to this Agreement will be effective immediately for Users without an Account and thirty (30) days after posting for Users with an Account. Rock may require, you to provide consent to the updated Agreement in a specified manner before further use of the Rock Platform is permitted. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU MUST STOP USING THE ROCK PLATFORM.
g. Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Rock agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in Oregon.
h. Governing Law and Jurisdiction. THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF OREGON, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.
i. Choice of Language. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.
j. Notice. Where Rock requires that you provide an email address, you are responsible for providing Rock with a valid and current email address. In the event that the email address you provide to Rock is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, Rock’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Rock at the following address PO Box 1893, North Plains, OR 97133. Such notice shall be deemed given when received by Rock by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
k. Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
l. Severability. If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect.
m. Section Headings and Summaries. Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
n. Export Control. You may not use, export, import, or transfer the Rock Platform except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Rock Platform, and any other applicable laws. In particular, but without limitation, the Rock Platform may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Rock Platform, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Rock Platform for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Rock are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Rock products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
o. Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.