Terms of Service
Data controller and general presentation of the Policy
These Terms of Service (hereinafter referred to as the “Terms”) govern Your use of the Rockup App and any services, features, as detailed below. These Terms form a legally binding contract between you and Rockup Ltd(“Rockup”, “our”, “we” or “us”). Please read them carefully. These Terms incorporate and are governed by the Privacy Policy
YOU HEREBY CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND THAT BY INSTALLING THE ROCKUP APP, ACCESSING, OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS. YOU AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS WHEN USING THE ROCKUP APP AND SERVICES, AND YOU ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING AND ENFORCEABLE LEGAL ELECTRONIC CONTRACT BETWEEN YOU AND ROCKUP. PLEASE DO NOT ACCESS THE SERVICES OR INSTALL THE ROCKUP APP IF YOU DO NOT AGREE TO ALL OR ANY PART OF THE TERMS.
We continuously improve our Services and may introduce new features or modify existing ones from time to time. Accordingly, and to reflect changes in applicable laws or our business practices, we reserve the right to amend, update, or replace these Terms at our discretion.
The latest version of these Terms will always be the one published on our Website, and it shall take effect immediately upon posting. By continuing to access or use our Services after any update, you agree to be bound by the most recent version.
If you do not agree with the updated Terms, you must discontinue use of our Services.
Notwithstanding the foregoing, any changes made solely for your benefit, of a purely administrative nature, or directly required by law shall also take effect immediately.
Our Services
Rockup is a communication platform enabling text messaging, sending files and pictures, creating group chats, communicating in communities and channels, etc. We reserve the right to change, update, upgrade, modify, and revise our Services and the Rockup App at any time. We also reserve the right to discontinue the Services at any time. Note that some services may not be available in your country and are geo restricted.
Rockup uses the mobile device geolocation to place users into predefined geofenced group chats. Once a user’s location places them outside the group chat boundaries, they are removed from the group chat. Users can start direct messages only with people they are currently in the same group chat with. In certain cases, users are given read-only access to chats even from outside the group chat boundaries. Users can also “pin” group chats to keep fully using them from any location. To “pin” group chats, users must use in-app currency called Rocks, which is earned through in-app actions like sharing the app and logging in consistently.
Legal Capacity and Eligibility
If you are under 14 years of age, you are not allowed to create an Account or use our Services.
You should use our Services only if you are fully able to understand and agree to comply with these Terms. Our Services are not intended for children under the age of 14. If we have actual knowledge that you are under the age of 14 (or the minimum age at which a person may use the Services in your state, province, or country without parental consent, if greater), we will stop providing Services to You and delete Your account and data. By using our Services, you warrant that:
You are eligible to enter into these Terms.
If you are a minor in your home country/place of residence, you have your parents’ or guardians’ consent to use our Services.
You are not prohibited by any competent authority, judicial order, or law from entering into any agreement.
If you are under 18, please ask your parent or guardian to read these Terms with you.
We make no representation that our Services are available for use or permitted by law in any particular location. To the extent that you choose to access our Services, you do so at your own initiative and risk and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the country where you reside.
Registering an Account
In order to use our Services, you need to create an Account. You agree to provide us with accurate, complete, and updated information. You are responsible for any activity that occurs in your Account.
In order to access or use our Services, you will need to register and create an account by providing your contact information, including your age. Any information provided through the registration process is governed by the Privacy Policy.
You hereby represent and warrant that you will provide true and complete registration details. If we believe the details are not correct, current, or complete, we have the right to prevent you from accessing our Services, or any of its resources, and to terminate or suspend your Account.
Notwithstanding the above, Rockup does not monitor and is not obligated to monitor the registration details. You hereby acknowledge that You are solely responsible for protecting your information and ensuring your information is secure. You are responsible for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account or any breach of security with respect to your Account. Rockup will not be liable for any loss that you may incur as a result of someone else using your Account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your Account.
Licenses and Intellectual Property Rights
Rockup licenses and grants you certain limited, revocable, non-exclusive, non-sublicensable rights so that you will be able to use the Rockup App. You will also grant Rockup certain rights to your Content (as defined below); however, Rockup does not claim any ownership of the information that you submit through your Account.
Our Services and materials incorporated by Rockup on our Services (“Material”) are protected by copyrights, patents, trade secrets, or other proprietary rights. Some of the characters, logos, or other images incorporated by Rockup in our Services are also protected as registered or unregistered trademarks, trade names, or service marks owned by Rockup or others (“Trademarks”). Rockup or its licensors own the title, copyright, and other intellectual property rights in the Material, Rockup App, and the Services, and by using our Services, you do not acquire any ownership rights in the Services or any Material contained therein. You may not use our copyrights, trademarks (or any similar marks), domains, logos, trade dress, trade secrets, patents, and other intellectual property rights unless you have our express permission. Rockup respects the intellectual property rights of others and asks you to do the same. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you. You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
Rockup does not attempt to claim ownership of the content displayed, published, shared, sent, used, promoted, or otherwise provided by You (“Content”). You hereby grant Rockup the license to use the Content for the purpose of providing the Services. For all Content You submit to the Services, you grant Rockup and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, analyze, transmit, and distribute that Content. This license is for the purpose of operating, developing, providing, promoting, and improving the Services and is internally used for researching and developing new services, features, and products. While we’re not required to do so, we may access, review, screen, and delete your Content at any time and for any reason, including to provide and develop the Services or if we think your Content violates these Terms. You alone, though, remain responsible for the Content you create, upload, post, send, or store through the Service.
We will consider anything You provide to Rockup, including, without limitations, any feedback, ideas, or suggestions, or contribute to these Services without having as available for our use, free of any obligations to You. You agree that we will own all rights in any materials or items we develop based on such feedback or suggestions.
We, our affiliates, and our third-party partners may place advertisements on the Services, which may sometimes appear near, between, over, or in your Content. This will include personalized advertising. For more information, please see the Privacy Policy.
Usage Restrictions
You may only use our Services for lawful purposes and in accordance with applicable laws, and you are prohibited from storing, distributing, or transmitting any unlawful material through our Services. Any transmission, distribution, or storage of unlawful material or using our Services and its contents for unlawful purposes may expose you to criminal or civil liability, termination or suspension of these Terms, your Account, and use of the Services, and removal of your Content.
That means, among other things, you may not do, attempt to do, enable, or encourage anyone else to do, any of the following:
decompile, reverse engineer, disassemble, or otherwise reduce the code used in any software, Rockup App, or our Services into a readable form in order to examine the construction of such software or to copy or create other products based (in whole or in part) on such software;
rent, lease, lend, sell, redistribute, or sublicense the Material or the Services;
exploit any resource, or access any resource, contained on our Services, including, without limitation, any attempt to collect users' phone numbers for any purpose, including for analysis purposes and/or parsing;
use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
copy, modify, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, make derivatives of the Services or the content on the Services;
access or use the Services in any way not expressly permitted by these Terms;
use branding, logos, icons, user interface elements, designs, photographs, videos, or any other Materials, except as explicitly allowed by these Terms;
violate applicable laws, including third party privacy and intellectual property laws;
create multiple accounts, create false, misleading accounts, create another account if we have already disabled your account, or buy, sell, rent, or lease access to your Accoun;
upload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of the Services; and/or
attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
Third party goods and services
Certain Services may display, include, or make available content, data, information, applications, features or materials from third parties or provide links to certain third-party websites.
Our Services may link You to other sites on the Internet and third-party partners that cooperate with us to provide You with certain services. These other sites are not under the control of Rockup, and you acknowledge that (whether or not such sites are affiliated in any way with Rockup) Rockup is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, and that your use of such sites is subject to their respective terms of use. The inclusion of such a link does not imply endorsement of any site by Rockup or any association with its operators.
Rockup cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from Rockup, since the third-party sites are owned and operated by independent retailers. Rockup does not endorse any of the merchandise, nor has Rockup taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. Rockup does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third-party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third-parties.
Termination
We may add or remove features, products, or functionalities, and we may also suspend or stop the Services, with or without notice. You also may choose to terminate your relationship with Rockup at any time. You may terminate your relationship with Rockup by simply ceasing to use the Services.
Where permissible under applicable law, Rockup has the right to terminate your rights under our Services without notice, including, without limitation, by blocking you, suspending or terminating your Account, including, and without derogating from our general right, if you are in breach of our Terms or other policies or if we decide not to provide the Services or any part thereof in certain locations or to certain devices. Rockup reserves the right to modify or discontinue, temporarily or permanently, all or any part of its Services or any software, facilities, and services on its Services, with or without notice, or to establish general guidelines and limitations on their use. Upon termination or expiration of these Terms or prior to uninstalling the Rockup App, it is your sole liability to export any information or data you wish to keep. Rockup shall not be liable for any loss of data arising from termination of these Terms, expiration or termination of the Services, or uninstallation of the Rockup App.
Safety and Support
Rockup cannot guarantee that the Services will always function without disruptions, delays, or errors because we have no control over the third-party networks carrying our Services.
From time to time, Rockup may need to perform maintenance on or upgrade the Services. This may require Rockup to temporarily suspend or limit your use of the Services until such time as this maintenance or upgrade can be completed.
Disclaimer and Warranties
Although we make great efforts to make our services error and interruption free, we cannot promise that such efforts will result in such desired performance. YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. OUR SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, AND OTHER CONTENT IN THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH OUR SERVICES WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SERVICES OR ANY WEBSITES LINKED TO THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT INCLUDED IN THE SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT INCLUDED IN THE SERVICES OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Use of Artificial Intelligence
Although we make great efforts to make our services error and interruption free, we cannot promise that such efforts will result in such desired performance. YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. OUR SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, AND OTHER CONTENT IN THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH OUR SERVICES WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SERVICES OR ANY WEBSITES LINKED TO THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT INCLUDED IN THE SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT INCLUDED IN THE SERVICES OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, WE WON’T BE LIABLE FOR: (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, (ii) ANY LOSS OF USE, DATA, BUSINESS OR PROFITS, REGARDLESS OF LEGAL THEORY OR (iii) ANY PRE-EXISTING FAULTS OR DAMAGE, OR FOR ANY LOSS OR DAMAGE WHICH YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE OR INSTRUCTIONS (INCLUDING THESE TERMS AND ANY POLICIES REFERRED TO IN THESE TERMS).
Indemnity
You agree to indemnify and hold harmless Us from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, from your placement or transmission of any content or Services, and/or from any and all access and use of your Account and Services.
If you have a dispute with one or more users, you release Us from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise), to the extent permitted by applicable law, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Governing Law and Jurisdiction
To the extent permitted by law, the laws of the Republic of Cyprus govern these Terms and any claims and disputes arising out of or relating to these Terms or their subject matter.
Miscellaneous
If any provision of these Terms is adjudged, by written decision, to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms are the entire agreement between you and Rockup relating to the matters contained herein and the Services. Failure by Rockup to enforce any rights or to take any action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without the prior written consent of Rockup. Rockup may assign its rights and obligations set forth herein at any time, at its sole discretion, to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise. In the event of such an assignment, Rockup will only transfer your information in compliance with applicable laws and ask for your consent where required. These Terms will continue to govern your relationship with such third-party. If you do not agree to such an assignment, you must stop using the Services, delete your Rockup Account, and uninstall the App.
In the event you read these Terms in any language other than English, you agree that in the event of any discrepancies, the English version shall prevail.
You may contact us for support at support@rockup.com