This End User License Agreement and Terms of Service (this “EULA”) is a binding contract between you, an individual user (“you”) and RocketBody, Inc. (“RocketBody,” “we,” “us” or “our”) governing your use of the mobile software applications that RocketBody makes available for download (individually and collectively, the “App”), the related website located at www.gorocketbody.com and any other online properties owned or controlled by or on behalf of RocketBody (collectively with the App, the “Service”). BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, THEN YOU SHOULD NOT USE THE SERVICE.
Material Terms: As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge the following:
● the Service is licensed, not sold, to you, and you may use the Service only as set forth in this EULA;
● you use the Service at your sole risk, and you should consult with a physician or other health care professional before commencing use of the Service;
● the use of the Service may be subject to separate third-party terms of service and fees, including, without limitation, your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
● we provide the App to you on an “as is” basis without warranties of any kind and RocketBody’s liability to you is limited;
● disputes arising between you and RocketBody will be resolved by binding arbitration. By accepting this EULA, as provided in greater detail in section 10 below, you and RocketBody are each waiving the right to a trial by jury or to participate in a class action;
1. General Terms and Conditions.
a. Changes to this EULA. You understand and agree that we may change this EULA at any time without prior notice. The revised EULA will become effective at the time of posting unless specified otherwise. Any use of the Service after the effective date will constitute your acceptance of such revised EULA. If you find any change to this EULA or the Service unacceptable, then your sole remedy is to stop accessing, browsing, and otherwise using the Service.
c. Jurisdictional Issues. The Service is controlled and operated by RocketBody in USA. RocketBody makes no representation that materials on the Service are appropriate, lawful, or available for use in any locations other than the United States of America. Those who choose to access or use the Service from locations outside the United States of America do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized, or penalized is strictly prohibited.
d. Eligibility. The service is not for persons under the age of 13 or for any users previously suspended or removed from the service by RocketBody. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By accessing or using the Service, you affirm that either you are at least 18 years of age or you have been authorized to use the Service by your parent or legal guardian who is at least 18 years of age.
2. The Service.
a. Description. The Service provides you with the opportunity to track your metabolism and receiving recommendations solely for your personal use.
b. Mobile Services. The Service will be accessible via a mobile phone, tablet, or other wireless device (collectively, “Mobile Services”). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you.
a. Log-In Credentials. In order to enjoy the Service, you must download the App and register an account with us (an “Account”).
b. Account Security. You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You may not share the credentials for your Account with any third party. You agree to notify RocketBody immediately at email@example.com if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. RocketBody will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying RocketBody of such unauthorized use or loss of your credentials.
c. Accuracy of Information. When creating an Account, you will provide true, accurate, current, and complete information to RocketBody. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this EULA, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of RocketBody, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then RocketBody may terminate your Account immediately without notice and without any liability.
4. Subscriptions and Payment.
a. Initial Subscription Payment. To enjoy the full benefits of the Service, you must purchase a subscription to the Service. You will be charged the stated subscription fee and any applicable taxes and service fees upon enrollment, unless your membership starts with a free trial, as detailed below.
b. Free Trials. If your RocketBody membership starts with a free trial period, the duration of which is specified during enrollment, WE WILL BILL YOUR DESIGNATED PAYMENT METHOD FOR THE SUBSCRIPTION FEE AT THE END OF THE FREE TRIAL PERIOD, unless you cancel at least 24 hours prior to the end of the free trial period. By providing your payment details when enrolling in the free trial, you agree that RocketBody may charge the subscription fee to your designated payment method upon conclusion of the free trial period. Free trials are only available to first-time subscribers. RocketBody reserves the right, in its sole discretion, to determine your free trial eligibility.
b. Automatically Renewable Subscriptions. By purchasing a subscription to the Service, you agree that, upon expiration of the initial subscription term, your subscription will automatically renew for successive periods of the same duration as the initial subscription unless and until you cancel your subscription.
c. Cancellation. You may cancel your subscription to the Service at any time, after which RocketBody will not automatically renew your subscription. PLEASE NOTE THAT NO REFUNDS WILL BE ISSUED UPON CANCELLATION. Please contact firstname.lastname@example.org to cancel your subscription.
d. Recurring Charges. YOU AUTHORIZE ROCKETBODY TO CHARGE YOUR ACCOUNT USING THE PAYMENT METHOD ON FILE FOR YOU TO PAY FOR ANY RENEWAL SUBSCRIPTION. You will be billed for the same subscription plan (or the most similar subscription plan, if your prior plan is no longer available) at the then-current applicable subscription price plus any applicable taxes. We will process payment for any renewal subscription using the same billing cycle as your current subscription. Additional terms and conditions may apply upon renewal, and subscription fees may change at any time, to the fullest extent permitted under applicable law.
e. No Refunds. PAYMENTS ARE NON-REFUNDABLE. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. You are only eligible to cancel your subscription without incurring any payment obligation during your free trial period (if any), after which no refunds will be issued. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("Credits"). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion.
f. Price Changes. RocketBody reserves the right to adjust pricing at any time. At the end of any promotion, RocketBody may, at its sole discretion, revert a member’s price per period to the current standard retail pricing for that membership type. RocketBody may also discontinue certain pricing promotions at any time at its sole discretion.
5. Intellectual Property Rights.
a. License. Subject to your complete and ongoing compliance with this Agreement, RocketBody hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service solely for your personal, non-commercial use. RocketBody reserves all rights not expressly granted to you.
b. Content. The content that RocketBody provides to end users on or through the Service, including without limitation, any software, text, graphics, photos, sound, and interactive features, may be protected by copyright or other intellectual property rights and owned by RocketBody or its third party licensors (collectively, the “RocketBody Content”). You may not copy, reproduce, upload, republish, broadcast, transmit, retransmit, post, modify, create derivative works of, publicly perform, publicly display, use for commercial purpose or distribute any materials from the Service without prior express written permission of the owner of such material or as permitted by the Service’s intended functionalities. Your use of RocketBody Content must be in compliance with applicable law.
c. Marks. RocketBody trademarks, service marks, and logos (the “RocketBody Trademarks”) used and displayed on the Service are RocketBody’s registered and unregistered trademarks or service marks. You may not use any Trademarks as part of a link to or from the Service without RocketBody’s prior express written consent. You may not remove any Trademarks identifying the ownership or origin of any RocketBody Content. All goodwill generated from the use of any RocketBody Trademark will inure solely to RocketBody’s benefit.
6. User Content.
a. Definition. “User Content” means any content that users upload or transmit to or through the Service including, without limitation, any text, pictures and other works subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws, and excludes any and all RocketBody Content.
b. Use of User Content. The user grants RocketBody the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted and saved by such user. Accordingly, RocketBody shall have the right to use, irrespective of the type of usage, all content both as part of the Service and any other activity of RocketBody or any company affiliated with RocketBody. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that RocketBody uses content created by a user outside the Service, RocketBody shall note that such content was created by the user.
7. Restrictions on Use of the Service.
a. In addition to any other restrictions set forth in this EULA, and without limiting those restrictions, when using the Service, you agree not to: make unauthorized copies or derivative works of any content made available on or through the Service; use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; attempt to decipher, decompile, disassemble, or reverse engineer any of the software or source code comprising or making up the Service; delete or alter any material RocketBody or any other person or entity Posts on the Service; frame or link to any of the materials or information available on the Service; alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available; use any trademarks, service marks, design marks, logos, photographs, or other content belonging to RocketBody or obtained from the Service; provide any false personal information to RocketBody; create a new account with RocketBody, without RocketBody’s express written consent, if RocketBody has previously disabled an account of yours; solicit or collect personal information from other Users; disclose personal information about a third person on the Service or obtained from the Service without the consent of that person; use the Service to send emails or other communications to persons who have requested that you not send them communications; use the Service, without RocketBody’s express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; or violate any applicable federal, state, or local laws or regulations or the terms of this EULA.
8. External Sites. The Service may contain links to, or the ability to share information with, third party websites (“External Sites”). RocketBody does not endorse any External Sites or the content made available on such External Sites. RocketBody is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You agree that RocketBody will have no liability to you arising from your use, engagement, exposure to, or interaction with any External Sites.
9. Feedback. While we are continually working to develop and evaluate our own product ideas and features, we know we don’t have all the answers. We therefore welcome your feedback, comments, and suggestions. If you choose to contribute by sending RocketBody any ideas (“Feedback”), then regardless of what your accompanying communication may say, the following terms will apply. Accordingly, by sending Feedback to RocketBody, you agree that: a. RocketBody has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; b. Feedback is provided on a non-confidential basis, and RocketBody is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and c. You irrevocably grant RocketBody perpetual and unlimited permission to Use the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
10. Dispute Resolution.
a. General. You and RocketBody agree that any dispute arising out of or in any way related to this EULA or your use of the App, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this EULA, will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND ROCKETBODY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
b. Exceptions. Notwithstanding Section 10.a above, nothing in this EULA will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
c. Arbitrator. Any arbitration between you and RocketBody will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this EULA, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
d. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). RocketBody’s address for Notice is: RocketBody – 2035 Sunset Lake RoadSuite B-2 Newark, DE 19702. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or RocketBody may commence an arbitration proceeding.
e. No Class Actions. YOU AND ROCKETBODY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and RocketBody agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
f. Modifications to this Arbitration Provision. Except as otherwise provided in this EULA, if RocketBody makes any future change to this arbitration provision, other than a change to RocketBody’s address for Notice, then you may reject the change by sending us written notice within 30 days of the change to RocketBody’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and RocketBody.
g. Enforceability. If Section 10.f above is found to be unenforceable or if the entirety of this Section 10 is found to be unenforceable, then the entirety of this Section 10 will be null and void.
11. Physical Activity Disclaimer. If you have any medical conditions or are thinking about starting an exercise program or engaging in strenuous or unusual physical activity, you should consult your doctor first. Without limitation of any other terms in this EULA, we do not make any representations or warranties that the app is intended to and/or does diagnose, treat, cure, or prevent any allergies or other medical disorders or conditions, and you hereby acknowledge this disclaimer and that we are not engaged in providing you with a medical device, medical advice and/or healthcare services by providing you with access to the app. We are not responsible in any way for any health problems or injuries, including, without limitation, incapacity or death, which may result from or be related to your use of or inability to use the App.
12. Limitation of Liability and Disclaimer of Warranties.
a. ROCKETBODY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “ROCKETBODY PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE. THE ROCKETBODY PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO ANY USER, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE.
b. THE ROCKETBODY PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THEN NO ROCKETBODY PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
c. THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE ROCKETBODY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
d. IN NO EVENT WILL ANY ROCKETBODY PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH ROCKETBODY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ROCKETBODY’S LIABILITY, AND THE LIABILITY OF ANY OTHER ROCKETBODY PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE FEES YOU HAVE PAID US AND U.S. $100.
13. Third Party Disputes.
a. To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the service, including, by way of example and not limitation, any carrier, copyright owner, or other user, is directly between you and such third party, and you irrevocably release the RocketBody parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
b. The owners of any content licensed to RocketBody for use on the Service are intended beneficiaries of this EULA and shall have the right to enforce this EULA against you for any unauthorized use of their content in any court of competent jurisdiction. The provisions of Section 10 do not apply to any dispute between you and a third party licensor of content to RocketBody.
14. Indemnification. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the RocketBody Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (a) your breach of this EULA; (b) your access to, use, or misuse of RocketBody Content or the Service. RocketBody will provide notice to you of any such claim, suit, or proceeding. RocketBody reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests assisting RocketBody’s defense of such matter at your expense.
15. Term and Termination of the EULA.
a. Term. As between you and RocketBody, the Term of this EULA commences as of your first use of the Service and continues until the termination of this EULA by either you or RocketBody.
b. Termination. You may terminate this EULA by sending written notification to RocketBody at email@example.com, deleting the App from your mobile device, and terminating all other uses of the Service. RocketBody reserves the right, in its sole discretion, to restrict, suspend, or terminate this EULA and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this EULA. RocketBody may further terminate this EULA for any other reason upon ten (10) days’ notice to you using the email address associated with your account credentials. RocketBody reserves the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability.
c. Sections 1, 3.b, 5.b, 5.c, 6.d, 6.e, 6.f, 7, 9 – 10, 14, 15.c, and 16 – 19 and all defined terms used therein will survive the termination of this EULA indefinitely.
17. Miscellaneous. This EULA is governed by the laws of USA without respect to its conflict of law provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in New York County, New York. You agree that no joint venture, partnership, employment, or agency relationship exists between you and RocketBody as a result of this EULA or use of the Service. If any provision of this EULA is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this EULA, which will remain in full force and effect. Failure of RocketBody to act on or enforce any provision of this EULA will not be construed as a waiver of that provision or any other provision in this EULA. No waiver will be effective against RocketBody unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by RocketBody and you, this EULA constitutes the entire agreement between you and RocketBody with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The Section headings are provided merely for convenience and will not be given any legal import. This EULA will inure to the benefit of our successors and assigns. You may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of RocketBody. This means that in the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting the App and any RocketBody Content from your device prior to such disposition. RocketBody may assign this EULA, including all its rights hereunder, without restriction.
18. Contact Us. You may contact us in connection with your use of the Service by mail at RocketBody, 2035 Sunset Lake RoadSuite B-2 Newark, DE 19702, and by email at firstname.lastname@example.org.
19. Open Source Software. The App contains certain open source software. Each item of open source software is subject to its own applicable license terms.
NOTICE REGARDING APPLE. You acknowledge that this EULA is between you and RocketBody only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby 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. If RocketBody provides a translation of the English language version of this EULA, the translation is provided solely for convenience, and the English version will prevail.