Terms of Use
Effective date: November 30th, 2023
At a glance,
These Terms of Use (the “User Terms”) govern Users access and use of our software, server, and any other Services (“the Services”) we may provide to you unless otherwise specified. This includes but is not limited to Rocket.Chat Software, Rocket.Chat Cloud Services, Marketplace, Support Plans, Apps, Professional Services, some Integrations (including via 3rd-party), and API. Some of them are covered by additional terms and conditions, which may also apply to the Services we provide you.
These Terms apply to all individuals utilizing Rocket.Chat Services, regardless of whether they are direct Rocket.Chat Users or have been granted access to the Services by a Rocket.Chat Customer.
PLEASE READ THE TERMS OF USE CAREFULLY.
By clicking "accept" or installing or using the Rocket.Chat Services, you confirm your acceptance of the Services and agree to become bound by the terms of these Terms of Use.
These Terms of Use form a part of a binding "Contract" between the User and Rocket.Chat and apply to any Services you order, subscribe to, activate, or use.
Even though you are signing in to an existing workspace, these Terms of Use apply to you as a User of the Services. If you access, deploy, or register any Rocket.Chat workspaces–including a community workspace or a No-Charge Service, these Terms of Use will also govern all options.
Definitions
“Rocket.Chat,” “we,” “us,” or “our” Rocket.Chat Technologies Corp. or its affiliates.
“User”, “you” or “your” means the individuals who are authorized by any workspace owner in accordance with the Order Form or Subscription or Rocket.Chat’s Terms of Service, as applicable, to access and use the Rocket.Chat Software, Services, and Documentation in accordance with this Agreement and including any End Users. User also means the individuals who are using Rocket.Chat Open Server, Rocket.Chat’s Community Edition or any trial or free plan of Rocket.Chat’s Services.
“Customer” means an organization or entity which has separately agreed to our Customer Terms of Service or entered into a written agreement with Rocket.Chat (in either case, the “Terms”) that permitted the Customer to create and configure a workspace so that the User(s) could join.
“Rocket.Chat Open Server” is a dedicated workspace for Rocket.Chat admins, users, contributors, partners, and employees to collaborate and improve the experience of running a Rocket.Chat workspace.
“Workspace Administrator” means an individual responsible for managing a dedicated workspace(s): including user accounts, configuring settings, ensuring security, and providing technical support within the workspace, as detailed in public documentation.
Other capitalized terms in the Terms of Use shall have the same meaning as defined in the Terms of Service.
TERMS THAT MAY APPLY TO YOU
These Terms of Use refer to the following additional terms, which may also apply to your use of our Services:
Please review our Privacy Policy for more information on how we collect and use data relating to the use and performance of our Services.
If the User is accessing a Customer workspace, please note that the respective Customer may impose additional requirements and terms on Users when using our Services that Users should comply with. If applicable, the Customer should notify Users of such terms and conditions.
For Users utilizing the Rocket.Chat Open Server (https://open.rocket.chat), kindly be advised that our Code of Conduct applies to your usage. Please familiarize yourself with our Rocket.Chat Code of Conduct.
When a User submits content or information to the Services, such as messages or files (“User Data”), the Customer retains ownership of any intellectual property rights in that content.
The Customer has many choices and control over the Customer and User-Uploaded Data shared in the workspace. Please refer to the Accounts Section to understand the Administrator tools and how they can manage Users' Data. For a better understanding of how your data is handled, you can refer to Rocket.Chat’s Privacy Policy.
2.1 Types of Deployment
Rocket.Chat Services can be deployed on three types, each involving different data processing activities: Workspace Cloud Hostedat Rocket.Chat, Workspace under a Self-Managed Infrastructure, Rocket.Chat Open Server.
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2.2 User-Generated Content
Our software may contain information and materials uploaded by other Users of our services, such as social media pages, video-sharing platforms, bulletin boards, discussions, and channel rooms. Rocket.Chat does not assume any responsibility for the content generated by Users. As a User, you are solely responsible for any content you create and Rocket.Chat does not endorse or guarantee the accuracy or legality of such content in any way.
Before making any decisions or taking any actions based on the content on our platform, we strongly recommend seeking professional or specialist advice. We cannot guarantee the accuracy, completeness, or timeliness of the content on our platform, and we make no representations or warranties, whether express or implied, that the content on our software is accurate, complete, or up to date.
By using our Services, you agree to comply with our Acceptable Use Policy, which sets out the guidelines for expected behavior and conduct while using our Services. Failure to comply with the Acceptable Use Policy may suspend or terminate the Services.
The use of our Services is only permitted if you are above the legal age, which is 13 years, or any higher age required by the applicable regulations in your jurisdiction.
For Users from countries subject to the General Data Protection Regulation “GDPR”: You must be 16 years old or above unless your Country has enacted a regulation specifying a lower minimum age.
For Lei Geral de Proteção dos Dados “LGDP”-regulated users, individuals must be 18 years of age or older unless parental consent has been obtained in accordance with our Privacy Policy.
By accessing and using our services, you confirm that you meet the minimum age requirement of the relevant regulations. If you are under the legal age, please discontinue using our services.
Our Services may contain links to other websites or platforms and resources provided by third parties. These links are provided for informational purposes only and should not be interpreted as our endorsement or approval of the linked sites or platforms or the information the User may obtain from them. We do not have control over the content of those sites, platforms, or resources, and therefore, we are not responsible for any content, products, services, or actions of those third-party sites or platforms. It is the User's responsibility to exercise caution and use their own judgment when accessing and using any external links provided through our services.
Unless the User is provided with express written permission by Rocket.Chat, the User is not authorized to use Rocket.Chat's trademarks and any violation of this provision may result in legal action and liabilities.
If we believe that there is a violation of the Customer Terms of Service, Terms of Use, Acceptable Use Policy, or any of our other policies that can simply be remedied by removal of certain Customer Data or taking other action, we will, in most case, ask the Customer to take action rather than intervene. We may directly step in and take what we determine to be appropriate action (including disabling your account) if we believe there is a credible risk of harm to us, the Services, Users, or any third parties, including Vendors and Third Party Apps. To the maximum extent permitted by law, Rocket.Chat offers the Services and Products “AS IS” and “AS AVAILABLE” and Rocket.Chat hereby disclaims all warranties, whether express, implied, or statutory, including but not limited to any implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. You may have other statutory rights, in which case the duration of any statutory warranties will be limited to the maximum extent permitted by law. IN NO EVENT WILL WE HAVE ANY LIABILITY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNLESS YOU ARE ALSO A CUSTOMER (AND WITHOUT LIMITATION TO OUR RIGHTS AND REMEDIES UNDER THE CONTRACT), USER WILL HAVE NO FINANCIAL LIABILITY TO US FOR A BREACH OF THESE TERMS OF USE. OUR MAXIMUM AGGREGATE LIABILITY TO THE USER FOR ANY BREACH OF THE TERMS OF USE IS ONE HUNDRED US DOLLARS (USD $100) IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.
Rocket.Chat uses a combination of open-source and proprietary code. Rocket.Chat Community Edition (CE) is licensed under the terms of the MIT License. Rocket.Chat Enterprise Edition (EE) is licensed under "The Rocket.Chat Enterprise Edition (EE) license," which has more restrictions. It is important to note that Rocket.Chat Enterprise Edition (EE) covers all non-community versions of the product, including the Free, Pro, Enterprise, or any other non-community edition version that may be derived.
Rocket.Chat uses open-source software components in its platform, which are made available to users as open-source software. However, any proprietary software that is not available as open-source software is excluded.
The open-source license terms can be found in the source code repository on GitHub. Our Terms of Use for any open-source software component we provide are designed to avoid any conflict with the applicable open-source license terms. In case of conflict between our terms of use and the open-source license, the open-source license will take priority.
Please be aware that the Rocket.Chat Enterprise Edition (EE) is provided as a "source available" distribution and requires a commercial license for usage. If you are operating a derivative product under the assumption that the Rocket.Chat Software is fully open-source; you are required to remove the Enterprise Edition folder from your code base. Failure to comply with this requirement may result in legal consequences.
9.1 Termination
These Terms of Use will remain in effect for the duration of the Terms of Service or as long as the User maintains an active account with us. If you choose to delete your account or if your account is deleted by the Workspace Administrator, the Terms of Use will no longer apply to your use of the Services, except if otherwise expressed in the Survival Section.
It is important to reinforce that the responsibility for deleting User accounts lies with the Customer.
If we decide to terminate or suspend the User’s account on Rocket.Chat Open server, due to a violation of these Terms of Use, the Acceptable Use Policy, or the Code of Conduct of the Open Server, these terms will remain applicable to any actions or activities performed before the account termination or suspension.
9.2 Survival
The Sections titled “Limitation of Liability” and “Survival” and all of the provisions under the general heading “General Provisions” will survive any termination or expiration of these Terms of Use.
9.3 Updates and Modifications
As part of our ongoing commitment to providing the User with the best experience, we periodically review and update our Terms of Use and policies.
If there are any substantial modifications to the Terms of Use or other policies that directly affect the use of Rocket.Chat Services, we will ensure to provide Users with advance notice prior to the changes taking effect.
If a User accesses our services through a Customer (e.g., organization), the Customer's Workspace Administrator is responsible for receiving and relaying any updates to the Terms of Use, Service Terms, and other policies to the User.
If the User is currently utilizing Rocket.Chat Open Server, trial, free plan, or any of our apps directly with us; we will communicate these changes through email using the address associated with the User account or via in-app messaging.
It is important to carefully review the Terms of Use and any additional terms that apply to the usage of our Services.
By continuing to use our Services after the effective date of any changes, that use will constitute the User’s acceptance of the revised terms and conditions.
9.4 Waiver
No failure or delay by either Party in exercising any rights under this Terms of Use, including the Acceptable Use Policy, will constitute a waiver of that right. No waiver under the Terms of Use will be effective unless it is in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
9.5 Severability
The Terms of Use, including the Acceptable Use Policy, will be enforced to the fullest extent permitted under applicable law. If any provision of the Terms of Use is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Terms of Use will remain in effect.
9.6 Assignment
The User may not assign any of its rights or delegate to its obligations under these Terms of Use, including the Acceptable Use Policy, whether by operation of law or otherwise, without the prior written consent of Rocket.Chat (not to be unreasonably withheld). Rocket.Chat may assign these Terms of Use in their entirety (including all terms and conditions incorporated herein by reference) without the User's consent to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
9.7 Governing Law, Venue, Fees
The Terms of Use, including the Acceptable Use Policy, and any disputes arising out of or related hereto, will be governed exclusively by the same applicable governing law of the Customer Terms of Service, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods. The Courts located in the applicable venue of the Customer Terms of Service will have exclusive jurisdiction to adjudicate any dispute arising out of relating to the Terms of Use, including the Acceptable Use Policy or its formation, interpretation, or enforcement.
Each Party hereby consents and submits to the exclusive jurisdiction of such courts. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.
9.8 Entire Agreement
The Terms of Use, including any terms incorporated by reference into the Terms of Use, constitute the entire agreement between the User and Rocket.Chat and supersede all prior and contemporaneous agreements, proposals, or written or oral representations concerning its subject matter.
To the extent of any conflict or inconsistency between the provisions in these Terms of Use and any pages referenced in these Terms of Use, these Terms of Use will first prevail, provided, however, that if there is a conflict or inconsistency between the Customer Terms of Service and the Terms of Use, the Customer Terms of Service will prevail, followed by the provisions in these Terms of Use, and then, followed by the pages referenced in these terms of use. (e.g., Privacy Policy).
The Customer will be responsible for notifying Users of those conflicts or inconsistencies, and until such time, the terms set forth herein will be binding.
CONTACTING ROCKET.CHAT
Please also feel free to contact us if you have any questions about this Agreement.
You may contact us at legal@rocket.chat or at our mailing address below:
Rocket.Chat Technologies Corp. 251 Little Falls Rd Wilmington, DE, 19808 USA
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