Terms of Use
These Terms and Conditions of Use (the "Terms of Use") apply to the RocketCompute web site located at www.rocketcompute.com and all associated sites of RocketCompute Inc, and its subsidiaries (collectively, "RocketCompute") linked to www.rocketcompute.com (the "Site").

By using the Site or any services that you are ordering or registering to use through the Site or click to accept or submit a process ("Services"), you agree to be bound by the Terms of Use and represent that you are at least 18 years of age. If you do not agree, do not use the Site or Services. RocketCompute reserves the right to change the Terms of Use, including adding or removing portions of the Terms of Use, from time to time without notice. It is your responsibility to check these Terms of Use periodically for changes. Use of the Site or Services constitutes your consent to such changes. As long as you comply with these Terms of Use, RocketCompute grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

If you have entered into a separate paid separate service level agreement ("Agreement") with RocketCompute for specific Services, then the terms of the Agreement control if it conflicts with these Terms. Nothing in these Terms of Use shall modify such Agreement.
Content
The contents of the Site and Services, including all material, products, processes, technologies, images and graphics and information related to our products and services provided by this Site, including without limitation any RocketCompute product or service plan, software programs, software code, offerings, programs, white papers, data sheets, knowledge base materials or other technical or marketing materials (collectively "Information"), are subject to intellectual property rights reserved by RocketCompute, and are for informational and non-commercial or personal use only.

The Site may include links to third party websites that are controlled and maintained by others. RocketCompute does not control or provide any content or information at these websites, makes no representation or warranty of any kind with respect to these sites or their content, and does not maintain, operate, or take responsibility for information provided.

You may use Information purposely made available by RocketCompute for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents. All copyright, trademark and other proprietary notices contained in the original materials must be retained on any copies of the materials. Names and logos identifying RocketCompute products are registered trademarks or trademarks of RocketCompute.

Unauthorized use of any content from this Site may violate copyright, patent and trademark and trade dress laws, and other intellectual property rights and unfair competition laws.

When registering on RocketCompute's site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience on our platform. RocketCompute collects data about the configurations of your systems, once you install our Data Collection Agent we provide you or integrate our platform with your existing monitoring services. For instance, RocketCompute collects metadata about the packages installed on your systems, including the package name (such as 'glibc'), version, release, epoch, release date and vendor. Data Collection Agent is based on Open Source project Telegraf (https://www.influxdata.com/time-series-platform/telegraf/). To get a better understanding of what data could be collected by Telegraf, please refer to the project's documentation (https://docs.influxdata.com/telegraf/v1.15/introduction/). We collect no data outside of the Telegraf's capabilities. We neither collect nor have means to collect any user data or source codes.
Updates
RocketCompute may make improvements and/or changes to this website at any time. Although RocketCompute attempts to periodically update information on this website, the information, materials and services provided on or through this website may occasionally be inaccurate, incomplete or out of date. RocketCompute does not have a duty to update information contained in this website, and RocketCompute will not be liable for any failure to update such information. RocketCompute makes no representation as to the completeness, accuracy or currency of any information on this website, and RocketCompute undertakes no obligation to update or revise the information contained on this website, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained in this website before relying upon it.
Privacy
The RocketCompute's Privacy Policy governs any of the personal information that you provide to us.
Account, Passwords and Security
Services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You are responsible for maintaining all equipment and services needed for access to and use of the Service as well as paying related charges.

You agree to notify RocketCompute immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by RocketCompute or any other user of or visitor to the Site due to someone else using your account as a result of your failing to keep your account information secure and confidential. You may not use anyone else's account at any time without the express permission and consent of the holder of that account. RocketCompute cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

By using the Service, you must not violate any laws in your jurisdiction, e.g. violating privacy laws or violating PCI DSS compliance by recording credit card numbers.
Your Content
RocketCompute may provide you with the capability to upload and/or post certain software (including but not limited to machine images), data (including but not limited to infrastructure performance metrics), text, audio, video, images or other content ("Your Content"). By uploading Your Content you agree that you are solely responsible for the origination, accuracy, completeness, ownership, publication and dissemination of Your Content. You have obtained all applicable approvals, licenses and permits relating to Your Content and shall be responsible for maintaining such approvals, licenses and permits in full force and effect during the term of these Terms of Service.

By uploading or otherwise making Your Content available for display on or uploaded to the Site, you grant RocketCompute a royalty-free, world-wide, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, perform and display such Your Content in any format and in any medium as RocketCompute may choose.

RocketCompute does not endorse and assumes no obligation to monitor or filter any Your Content posted, or otherwise made available on the Site. RocketCompute reserves the right, but assumes no obligation, to refuse or remove any of Your Content.

RocketCompute may take any reasonable action it deems necessary or appropriate, in regards to Your Content that:
  • does not comply with these Terms of Use;
  • is illegal; or
  • is otherwise undesirable, inappropriate or inaccurate, including Your Content that
    • is Objectionable;
    • contains any viruses, time bombs, Trojan horses, worms or other computer programming routines that may damage or interfere with the operations of the Site;
    • is knowingly untrue, inaccurate or misleading.
"Objectionable" means any material that: (1) is defamatory, unlawful, or plagiarized; (2) a reasonable person would consider harassing, abusive, threatening, obscene, hateful, or racially/ethnically offensive; (3) constitutes a breach of any person's privacy or publicity rights; (d) violates any statute, regulation or ordinance; (4) promotes spam; or (5) has a primary purpose of advertising for commercial gain rather than informational content.

Postings regarding transactions, pricing or terms are prohibited. The above list is not exclusive and are examples only.

You further agree that you will not:
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • breach or attempt to breach the security of software, network, servers, data, computers or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Site or Services.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.

RocketCompute is not responsible for any failure, non-failure or delay in refusing, editing or removing such Your Content.

Your raw data is never shared.

Aggregate data on configurations and the metadata RocketCompute generates is also only used in-house for the purposes of improving our product.
Fees and Payment for the Services
RocketCompute calculates and bills fees and charges monthly, or may provide you with the capability to refill or top-up your account balance before accessing the Site and requesting Services' provision. RocketCompute may bill you more frequently for fees accrued if RocketCompute suspects that your account is fraudulent or at risk of non-payment.

You will pay RocketCompute the applicable fees and charges for use of the Service as described on the Site using one of the payment methods RocketCompute supports. All amounts payable by you under these Terms of Use will be paid to RocketCompute without setoff or counterclaim, and without any deduction or withholding.

Fees and charges for any new Service will be effective when RocketCompute posts updated fees and charges on the Site, unless RocketCompute expressly states otherwise in a notice. RocketCompute may increase or add new fees and charges for any existing Services you are using by giving you at least 30 days' prior notice.

You are not entitled to any refund of fees paid or relief from fees due if the volume of Services you actually use is less than the volume you ordered or requested or you terminated these Terms of Use.

You shall pay all sales, value added, general standard and similar taxes (exclusive of taxes based on RocketCompute's net income), levies, duty, or charges imposed by any governmental authority, related to or arising from RocketCompute's providing or your use of the Services. RocketCompute reserves the right to gross up the price for the Services in any invoice if a withholding prevents RocketCompute from receiving the amount specified in such invoice.

RocketCompute may participate in Account Updater Services or Recurring Billing Programs supported by your payment card provider that you are enrolled in (a "Program"). As part of this Program, your payment card provider may notify RocketCompute of a change to your payment card number and/or expiration date. In accordance with the Program requirements, in the event that RocketCompute are notified of an update to your payment card number and/or expiration date, RocketCompute will automatically update your payment profile on your behalf.

RocketCompute makes no guarantees that RocketCompute will request or receive your updated payment card information. You acknowledge and agree that it is your sole responsibility to modify and maintain your account settings, including but not limited to (i) setting your renewal options and (ii) ensuring your associated payment method(s) are current and valid. Further, you acknowledge and agree that failure to do so may result in the interruption or loss of Services, and RocketCompute shall not be liable to you or any third party regarding the same.
Free Users
This Section applies only to users of the Services that are provided free of charge through the Site. Notwithstanding anything in these Terms of Use to the contrary, you agree that:
a) Certain Services may require you to upgrade to a paid version of the Services to enable certain product functionality or use them beyond a specified limited amount;
b) RocketCompute may change the features of the Services at its discretion; and
c) RocketCompute may deactivate or delete your account and any related Information for any reason. Such action may include, among other things, accessing Your content or data and/or discontinuing your use of the Services without any liability. RocketCompute may automatically delete Your content after you stop using the Service or if you exceed a specified limited amount of storage space.
Term and Termination
The term of these Terms of Use will commence on the date when you click an "I Accept" button or checkbox presented with these terms, and will remain in effect until terminated. Your notice of termination of these Terms of Use must include the effective date of termination (a "Termination Date").

You may terminate these Terms of Use for any reason by providing us notice or closing your account for all Services for which RocketCompute provides an account closing mechanism.

RocketCompute reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability. RocketCompute reserves the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.

Violation of any of the Terms of Use will result in the termination of your account. If you believe your password or security for this Service has been breached in any way, you must immediately notify us.

Upon the Termination Date, all your rights under these Terms of Use immediately terminate and you may remain responsible for all fees and charges you have incurred through the Termination Date while accessing Services.
Warranty Disclaimers
Your use of this Site is at your own risk. All Services, software and all updates or new versions that may be made available by RocketCompute are provided subject to the additional terms, conditions and restrictions indicated in the appropriate contract.

All Information provided on the Site is intended for informational purposes only. You agree that RocketCompute will not be responsible for any harm to any device, any loss of data, or any other harm that results from your use of the Services.

The documents and related graphics published on this Site could include technical inaccuracies or typographical errors and RocketCompute assumes no responsibility for accuracy or completeness of the Information. Changes are periodically made to the Information and RocketCompute may make additions, improvements or changes at any time without notice.

THIS SITE AND ALL INFORMATION IS PROVIDED "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR NON-COMMERCIAL AND PERSONAL USE ONLY, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

ROCKETCOMPUTE MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SERVICES, ANY INFORMATION, MATERIALS, GOODS OR SERVICES OBTAINED THROUGH THE SERVICES OR THE SITE, OR THAT THE SERVICES WILL MEET ANY OF YOUR REQUIREMENTS.

ROCKETCOMPUTE DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS.

YOU AGREE THAT ROCKETCOMPUTE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.

ROCKETCOMPUTE DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.

THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
Limitation of Liability
Except where prohibited by law, in no event will RocketCompute be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if RocketCompute has been advised of the possibility of such damages.

RocketCompute's liability to you for all claims related to the Services or the Site will at all times be limited to the greater of (1) the total of fees with respect to any service or feature of or on the Site paid through the Site in the six months prior to the date of the initial claim made against RocketCompute (but not including the purchase price for any RocketCompute software products or any related support program purchased under a separate Agreement), or (2) US$100.00. Some jurisdictions do not allow the types of limitations in this paragraph, so they may not apply to you.

EXCEPT AS EXPRESSLY SPECIFIED ABOVE, ROCKETCOMPUTE DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THIS SITE OR THE INFORMATION PROVIDED HEREIN.
Indemnity
You agree to indemnify and hold RocketCompute, its officers, directors, predecessors, successors in interest, employees, agents, parents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against RocketCompute by any third party due to or arising out of or in connection with your use of the Site or resulting from Your content.
Notice for California Residents.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact RocketCompute by writing to Contact information provided in these Terms of Use.

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445–1254 or (800) 952–5210.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any material residing on or linked to from the Site infringes your copyright, please send RocketCompute a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit RocketCompute to locate the material on the Site (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit RocketCompute to contact you, including an address, telephone number and, if available, an email address; (d) the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law"; (e) the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and (f) your physical or electronic signature.

To file a counter notification with RocketCompute, please provide the following information to RocketCompute: (a) a description of the material that RocketCompute has removed or to which RocketCompute has disabled access; (b) information reasonably sufficient to permit RocketCompute to contact you, including an address, telephone number and, if available, an email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided notification of infringement or an agent of such person; (c) the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and (d) your physical or electronic signature.

RocketCompute for notification of claimed infringement can be reached at legal@rocketcompute.com. RocketCompute reserves the right to terminate infringers' and suspected infringers' access to or use of the Site.
Governing Law and Jurisdiction
You agree that any legal action, proceeding or other matter related to your access to, or use of, the Site or the Information it contains shall be governed by US federal law or the laws of the State of Delaware, without giving effect to any principles of conflicts of laws.
Contact/Address for Legal Notices
RocketCompute Inc
541 Jefferson Ave Ste 100
Redwood City, CA 94063
legal@rocketcompute.com
Updated as of October 27, 2020.

Copyright © 2020 RocketCompute Inc. All rights reserved. Unpublished rights reserved under the Copyright Laws of the United States.