Effective October 5, 2021
These Terms do not cover the use of the database application, cloud functions, third-party connectors, and cloud monitoring services as well as other services (the “Services”) provided by Rowy. If you are accessing or using the Services, even if you are doing so through a free trial, then you are subject to Rowy's Subscription Agreement (currently available at https://rowy.io/subscription-agreement) or such other written contract as may be separately agreed and signed between you and Rowy.
In these Terms, 'us', 'we' and 'our' means Rowy Inc. and our related bodies corporate.
You may need to become a registered member to make orders, access our products, and/or access certain features of our Website.
You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into these Terms for an entity, such as the company you work for, you represent that you have authority to bind that entity and you agree that “you” as used in these Terms includes both you personally and the entity you represent. You and Rowy are collectively referred to as the “Parties” and each is a “Party”.
You are responsible for keeping your username and password secure and are responsible for all use and activity carried out under this username. When you register and activate your account, we may provide you with a token or API keys. You are responsible for keeping these credentials secure and are responsible for all use and activity carried out under the credentials. You are responsible for violations of these Terms by anyone using the Website with your permission or using your account on an unauthorized basis. Your use of the Website to assist another person in an activity that would violate these Terms if performed by you is a violation of these Terms.
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products and/or services to you. We may also disclose your personal information to recipients that are located outside of the United States of America.
The information on our Website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this Website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked Website. You must take your own precautions to ensure that whatever you select does not interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date. By accessing the Website, you agree to the latest version of these Terms.
Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
The Website may make available third-party API-linked services to other websites, content, or other products or services created, hosted or made available by third parties (“Third-Party Services”), and such third parties may use other third parties to provide portions of the Third-Party Service to you. Rowy may do this to facilitate payment services (e.g. Stripe), leverage technology, and development tools (e.g. Google Cloud).
When you access or use a Third-Party Service, you are interacting with the applicable third party, not with Rowy, and you do so at your own risk. Rowy is not responsible for, and makes no warranties, express or implied, as to, the Third-Party Services or the providers of such Third-Party Services (including without limitation the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices of any third party). Inclusion of any Third-Party Service or a link thereto on the Website does not imply approval or endorsement of such Third-Party Service. Rowy is not responsible or liable for the Content or practices of any Third-Party Service or third party, even if such Third-Party Service links to, or is linked by, the Website.
Unless otherwise indicated, Rowy or its licensors own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this Website (“Content”).
Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. However, Rowy hereby grants to you a limited, revocable, non-sublicensable license to access, display and perform the Rowy Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Website. Except as expressly permitted by Rowy in these Terms or on the Website, you may not copy, download, reproduce, redistribute, translate, or create derivative works of any Rowy Content.
The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of Rowy or other third parties. You are not permitted to use these Marks without the prior written consent of Rowy or such third party.
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:
If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice. Rowy is not responsible or liable for any user Content or conduct on the Website or third-party services (e.g. Discord, Twitter, Product Hunt). If you become aware of any misuse of the Website, please report such misuse immediately to Rowy at email@example.com.
To the maximum extent permitted by law, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses or malware, or that this Website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this Website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
Rowy assumes no liability or responsibility for any (i) errors, mistakes or inaccuracies of data or information posted, displayed, published or made available for download or use on the site, (ii) personal injury or property damage, of any nature whatsoever, resulting from use of the site, (iii) any interruption or cessation of transmission to or from the site, or (iv) the defamatory, offensive or illegal conduct of any third party not under Rowy's control.
To the maximum extent permitted by law, in no event shall Rowy, its affiliates or their respective employees, contractors, agents, officers or directors be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of this Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date. We are not liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for business interruption, loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the Website; and (b) in no event shall Rowy's cumulative and aggregate liability under these Terms exceed two hundred and fifty United States Dollars. The exclusions and limitations in this section apply whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if you have been advised of the possibility of such damage.
You agree to defend, indemnify and hold harmless Rowy, its affiliates and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including without limitation attorneys' fees) arising out of or related to any claim, suit, action or proceeding by a third party arising out of or relating to your use of the Website, breach of these Terms (including any Rowy policy referenced in these Terms), violation of law, or any Content that you post, upload or cause to interface with the Website, or otherwise transfer, process, use or store in connection with the Website.
Your use of the Website and these Terms are governed by the law of the State of Delaware and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in the State of Delaware, without reference to its choice of law principles. Any legal action or proceeding arising under or relating to this agreement shall be brought exclusively in the state or federal courts located in Delaware, USA, and the Parties expressly consent to personal jurisdiction and venue in those courts.
You represent that, in agreeing to, and performing under, these Terms, you are not violating, and will not violate, any governmental laws, rules, regulations or orders that are applicable to your use of the Website (“Applicable Laws”). Without limiting the foregoing, you represent that, in connection with your performance under these Terms, you shall: (a) comply with Applicable Laws relating to anti-bribery and anti-corruption, which may include the US Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010; (b) comply with Applicable Laws administered by the U.S. Commerce Bureau of Industry and Security, U.S. Treasury Office of Foreign Assets Control or other governmental entity imposing export controls and trade sanctions (“Export Laws”), including designating countries, entities and persons (“Sanctions Targets”); and (c) not directly or indirectly export, re-export or otherwise deliver any Rowy software, content or services to a Sanctions Target, or broker, finance or otherwise facilitate any transaction in violation of any Export Laws. You represent that you are not a Sanctions Target or prohibited from receiving Rowy software, content or services pursuant to these Terms under Applicable Laws, including Export Laws.
Rowy may, from time to time, post employment opportunities on the Website and/or invite users to submit CVs to Rowy. If you choose to submit your name, contact information, CV and/or other personal information to Rowy in response to such employment listings, you are authorizing Rowy to use this information for all lawful and legitimate hiring, employment and other business purposes. Rowy also reserves the right, at its discretion, to forward such information to Rowy's affiliates for their legitimate business purposes. Nothing in these Terms or contained on the Website will constitute a promise by Rowy to review any such information, or to contact, interview or employ any individual who submits such information.
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 Website infringes your copyright, please send (or have your agent send) to Rowy's legal team (firstname.lastname@example.org) 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 Rowy to locate the material on the Website (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit Rowy 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.
The Website is provided to the U.S. Government as “commercial items,” “commercial computer software,” “commercial computer software documentation,” and “technical data” with the same rights and restrictions generally applicable to the Website. If you are using the Website on behalf of the U.S. Government and these terms fail to meet the U.S. Government's needs or are inconsistent in any respect with federal law, you must immediately discontinue use of the Website. The terms listed above are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.
For the notice of California Residents, under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: Rowy does not currently charge any fees for access and use of the Website. If you have a question or complaint regarding the Website, please contact Rowy by emailing email@example.com.
These Terms constitute the complete and exclusive statement of the agreement between the Parties and supersede all proposals, oral or written, and all other communications between the Parties relating to the subject matter of these Terms. In the event any information posted on the Website from time to time conflicts with any provision of these Terms, the applicable provision of these Terms shall control. Any terms and conditions of any other instrument issued by you in connection with these Terms which are in addition to, inconsistent with or different from these Terms shall be of no force or effect. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Rowy. Rowy may assign, transfer or sublicense all or any of Rowy's rights or obligations under these Terms without restriction. The failure of Rowy to exercise or enforce any condition, term or provision of these Terms will not operate as a waiver of such condition, term or provision. Any waiver by Rowy of any condition, term or provision of these Terms shall not be construed as a waiver of any other condition, term or provision. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue in full force and effect. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Rowy will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Please contact Rowy at firstname.lastname@example.org with any questions regarding these Terms. When you visit the Website or send emails to Rowy, you are communicating with Rowy electronically; and you consent to receive communications from Rowy electronically. Rowy will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that Rowy provides to you electronically satisfy any legal requirement that such communications be in writing.