Terms and Conditions

1. Introduction

Access to and use of Rock Rabbit’s website, mobile app, web app, and the services offered therein (“Services”, together with the website and apps,  the “App”) provided by Rock Rabbit Inc. (“Rock Rabbit,” “we,” “our,” or “us”) is conditional upon your acceptance of and compliance with these Terms and Conditions (abbreviated “Terms”). These Terms apply to all visitors, users and others who wish to access or use the App.

If you do not accept any part of the Terms, then you are not authorized to use the App.

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2. Effective Date and Changes

These Terms are effective as of the date above and will remain in effect until new terms supersedes them. We may choose to update our Terms at our discretion. If we make material changes, we may provide you with notice of such changes, such as by sending an email, providing a notice through our App, or updating the date at the top of these Terms. The amended Terms will be effective immediately, and your continued use of the App after we provide such notice will constitute your acceptance of the Terms in its current version. If you do not agree to the amended Terms, you are no longer authorized to use the App.

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3. Eligibility and Use

You will not use our App if you are not eligible to use our App. And you will not use our App other than for its intended purpose.

3.1. Jurisdiction. You may only use our App in jurisdictions authorized by Rock Rabbit. Use of our App is currently authorized only in the United States.

3.2. Age. Users under 18 years of age may not use our App. If you are a parent or guardian and you believe that your child under the age of 18 is using our App without your consent, please contact us at info@rockrabbit.ai.

3.3. Use and Sharing.

• ‍Contractors: Our App is provided to you only for your internal business use and not for the benefit or use of any third party. ‍
• All other users: You may only use our App for personal, family or household purposes and expressly excluding any commercial use. You may not share our App.

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4. Prohibited Conduct

You will not, in connection with our App:

• Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;  
• Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;  
• Use or attempt to use another user’s account or information without authorization from that user and Rock Rabbit;  
• Upload personal or project-related data from an individual or other beneficiary of an incentive claim, without obtaining consent and otherwise complying with applicable privacy laws and regulations;  
• Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;  
• Sell or resell our App;  
• Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our App, except as expressly permitted by us or our licensors;  
• Modify our App, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our App;  
• Use our App in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our App or that could damage, disable, overburden, or impair the functioning of our App in any manner;  
• Upload or contribute any information or content that is obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).  
• Harass, annoy, abuse, intimidate, threaten or harm another App user or Rock Rabbit’s employees or agents;  
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party’s uninterrupted use and enjoyment of the App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App;  
• Reverse engineer any aspect of our App or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of our App;  
• Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our App;  
• Systematically retrieve data or other content to create or compile, directly or indirectly, a collection, compilation, database, or directory from our App without written permission from us;  
• Develop or use any applications or software that interact with our App without our prior written consent;  
• Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;  
• Link to any online portion of the App in a manner that damages or exploits, in our sole discretion, our reputation or suggests any form or association, approval, or endorsement by Rock Rabbit; or  
• Use our App for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

Enforcement of this section is solely at Rock Rabbit’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.

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5. Your Information & Consent for Data Sharing

You may provide certain information to Rock Rabbit in connection with your access or use of our App, or we may otherwise collect certain information about you when you access or use our App. You agree to receive emails, SMS or text messages, and other types of communication from Rock Rabbit via the App using the email address or other contact information you provide in connection with the App. You represent and warrant that any information that you provide to Rock Rabbit in connection with the App is accurate.

If you are a contractor using the Rock Rabbit platform or otherwise submitting information on behalf of homeowners who are the intended beneficiaries of incentive claims (“beneficiaries”), you agree to comply with all applicable privacy laws and regulations, including obtaining informed and explicit consent from beneficiaries before uploading and submitting any personal or project-related information to the platform when required. Failure to comply with applicable laws and regulations may result in suspension or termination of your account and indemnification obligations as outlined in these Terms.

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.  

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6. No Guarantee on Incentives

Rock Rabbit strives to provide accurate and reliable information on incentive programs to prospective program participants, and technology-enabled support to efficiently discover, collect documentation and apply. However, Rock Rabbit does not guarantee that incentive information (including but not limited to descriptions, references, prices, specifications) on the App is complete, current or accurate. Incentive providers may add or change program rules at any time with or without notice. Rock Rabbit also does not guarantee that applicants will be successful in receiving incentive dollars from claims. Incentive providers reserve the right to modify or terminate their programs in whole or in part at any time and for any reason without prior notice.

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7. Subscription Fees

Rock Rabbit provides a “Subscription” to use the Basic service free of charge, and there are no “Subscription Fees” to pay whilst using or accessing the Basic service. Subscription fees may apply to use Rock Rabbit to access other services such as a “Premium service” or a “Prime service”, which will be communicated to the customer at the point of purchase. Rock Rabbit reserves the right to change the features and functionality offered to customers as part of the service subscription.

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8. Subscription Fee Changes

Rock Rabbit, in its sole discretion and at any time, may modify the Subscription Fees for the Subscriptions. Rock Rabbit will provide you with a reasonable prior notice of any change in Subscription Fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the App after the Subscription Fee change comes into effect constitutes your agreement to pay the modified Subscription Fee amount.

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9. Promotions

Periodically Rock Rabbit may offer customers rewards or incentives (“Promotions”). These Promotions may be subject to their own rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our [Privacy Policy](https://www.rockrabbit.ai/privacy-policy/). If the rules for a Promotion conflict with these Terms, the Promotion rules will govern. However, it is important to note that generally, such Promotions are not guaranteed and Rock Rabbit reserves the right to change the terms or remove the offer without any prior notice.

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10. Refunds

Certain refund requests may be considered on a case-by-case basis. Any such requests will be granted at Rock Rabbit’s sole discretion.

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11. Accounts

You must create an account with Rock Rabbit in order to use some or all of our Services. When you create an account with Rock Rabbit, you guarantee that you are above the age of 18, and that the information you provide us is true, accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account. You guarantee that you will not access the App through automated or non-human means, such as a bot or script.

You may not share or permit others to use your individual account credentials. You must use a strong password for your account that is unique to our App and not used by you in any other website or online service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to reject, require that you change, or reclaim usernames, including on behalf of businesses or individuals that hold legal title, including trademark rights, in those usernames.

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12. Intellectual Property Rights

The App, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, and all intellectual property rights therein and thereto, are owned by Rock Rabbit or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the App, including all intellectual property rights therein and thereto, are reserved by us or our licensors.

Subject to your compliance with these Terms (including Section 17), you are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use our App for your own personal, noncommercial use, or if you are one of our contractor users, for internal use, and with respect to any Services included in the App, install and use such Services on a mobile or personal device that you own or control. Any use of the App other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights. Any Services included in the App are licensed (not sold), and if you fail to comply with any of the terms or conditions of these Terms, you must immediately cease using the applicable Service and remove (that is, uninstall and delete) the applicable App from your mobile or personal device.

Our company name, Rock Rabbit, product or Service names, slogans, and the look and feel of the App are trademarks of Rock Rabbit and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the App are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

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13. Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Rock Rabbit or our App (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you, including to develop, copy, publish, or improve the App or Services, or to improve or develop new products, services, or the App in Rock Rabbit’s sole discretion. Rock Rabbit will exclusively own all improvements to, or new, Rock Rabbit products, services, or Apps based on any Feedback. You understand that Rock Rabbit will treat Feedback as non-confidential.

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14. Third-Party Websites and Materials

The App may contain links to various third-party websites (“Third-Party Websites”). The App may also show information, applications, software, text, photographs, graphics, pictures, designs, video, sound, and other content or items belonging to or originating from third parties (“Third-Party Materials”), such as information related to incentives. We have no control over these linked sites, each of which has separate privacy and data collection practices independent from us. As such, you acknowledge and agree that Rock Rabbit is not responsible or liable for these independent policies or actions or the content of any such websites, including accuracy, opinions, reliability, or offensiveness. We have no obligation to monitor Third-Party Materials or links or content, and we may block or disable access to any Third-Party Materials or links to Third-Party Websites (in whole or part) through our App at any time. Inclusion of, linking to, or permitting the use or listing of any Third-Party Websites or Third-Party Materials does not imply approval or endorsement by us.

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15. Termination

If you wish to terminate your account, please contact us at the email listed in the “Contact Us” section below.

We may terminate or suspend your account and bar access to the App immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. If we terminate or suspend your account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

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16. Indemnification

You agree to defend, indemnify and hold harmless Rock Rabbit, its affiliates, and its licensee and licensors, and each of our employees, contractors, agents, officers and directors (individually and collectively, “Rock Rabbit Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) (“Losses”) related to or arising out of (a) your use of or access to the App, by you or any person using your account and password, (b) your Feedback, (c) your breach of these Terms, (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights), (e) your failure to comply with applicable privacy laws and regulations including requirements to obtain informed consent for data sharing, or (f) your conduct in connection with the App. You will promptly notify Rock Rabbit Parties of any third-party Losses, cooperate with Rock Rabbit Parties in defending such Losses, and pay all fees, costs, and expenses associated with defending such Losses (including attorneys' fees). The Rock Rabbit Parties will have control of the defense or settlement, at Rock Rabbit's sole option, of any third-party Losses. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Rock Rabbit or the other Rock Rabbit Parties.

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17. Limitation of Liability

In no event shall Rock Rabbit or the other Rock Rabbit Parties be liable to you or any third party for any indirect, incidental, special, or consequential damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, whether or not we have been informed of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose.

The total liability of Rock Rabbit and the other Rock Rabbit Parties to you for any claim arising out of or relating to these Terms or our App, regardless of the form of the action, is limited to the amount paid, if any, by you to us during the 12-month period prior to any cause of action arising.

The limitations set forth in this section will not limit or exclude liability for personal injury, death, or property damage caused by the App or for the gross negligence, fraud, or intentional, willful, malicious, or reckless misconduct of Rock Rabbit or the other Rock Rabbit Parties.

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18. Disclaimer

The Services and App are provided on an as-is and as-available basis. You agree that your use of the Services and App and content or materials provided therein or therewith (including the Third-Party Materials) is at your sole risk. Except as otherwise provided in a writing by us, the App and any content or materials provided therein or therewith (including the Third-Party Materials) are  provided on an “AS IS” and “as available” basis, and without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement and course of performance. In addition, Rock Rabbit and its licensors do not represent or warrant that the App or any content provided therein or therewith (including the Third-Party Materials) or our servers: (a) are accurate, complete, reliable, current, or error-free; (b) will function uninterrupted or securely, or be available at any particular time or location; or (c) are free of viruses or other harmful components, content or materials. Furthermore, Rock Rabbit does not represent or warrant that any errors or defects will be corrected or that the results of using the App will meet your requirements. You assume the entire risk as to the quality and performance of the App and any content provided therein or therewith (including the Third-Party Materials). All disclaimers of any kind (including in this section and elsewhere in these Terms) are made for the benefit of Rock Rabbit, Rock Rabbit Parties, and Rock Rabbit’s respective agents, affiliates, representatives, licensors, suppliers, and service providers, as well as their respective successors and assigns.

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19. Governing Law

These Terms and any claims shall be governed by the laws of the state of California. The state and federal courts located in the County of Santa Clara, California, will have exclusive jurisdiction.

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20. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, for any reason, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.

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21. Release

You release Rock Rabbit and the other Rock Rabbit Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

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22. Modifying and Terminating our App

We reserve the right to modify our App or to suspend or terminate providing all or part of our App at any time; charge, modify, or waive any fees required to use the App; or offer opportunities to some or all end users of the App. We may provide you with notice in advance of the suspension or discontinuation of all or part of our App, such as by sending an email or providing a notice through our App.  All modifications and additions to the App will be governed by the Terms, unless otherwise expressly stated by Rock Rabbit in writing. You also have the right to stop using our App at any time. We are not responsible for any loss or harm related to your inability to access or use our App.

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23. Miscellaneous

These Terms operate to the fullest extent permitted by applicable law. Our failure to exercise or enforce any right or provision of these Terms will not be considered a waiver of those rights or provision. These Terms constitute the entire agreement between us regarding our App, and supersede and replace any prior agreements, representations, statements, and understandings we might have had between us regarding the App. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

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24. Additional Terms Applicable to Mobile Devices

The following terms apply if you install, access, or use our App on any device that contains the iOS mobile operating system (the “iOS App”) developed by Apple Inc. (“Apple”).

1. Acknowledgement. You acknowledge that these Terms are concluded solely between us, and not with Apple. Rock Rabbit, not Apple, is solely responsible for this iOS App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules for the Apple iOS App Store Terms of Service as of the date you download the iOS App, and in the event of any conflict, the Usage Rules in the Apple iOS App Store (the “Usage Rules”) will govern if they are more restrictive. You acknowledge that you have had the opportunity to review the Usage Rules.
2. Scope of License. The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch, iPad, or any other Apple device that you own or control as permitted by the Usage Rules.
3. Maintenance and Support. You and Rock Rabbit acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.
4. Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Rock Rabbit. However, Rock Rabbit has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the iOS App.
5. Product Claims. You and Rock Rabbit acknowledge that as between Apple and Rock Rabbit, Rock Rabbit, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (a) product liability claims, (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
6. Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringe that third party’s intellectual property rights, Rock Rabbit, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
7. Developer Name and Address. Any questions, complaints, or claims with respect to the iOS App should be directed to: 2021 Fillmore St PMB2040, San Francisco, CA 94115; terms@rockrabbit.ai.
8. Third-Party Terms of Agreement. You will comply with any. applicable third-party terms when using the Services.
9. Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

The following terms apply if you install, access, or use our App on any device that contains the Android mobile operating system (the “Android App”) developed by Google, Inc. (“Google”):

1. You acknowledge that these Terms are between you and us only, and not with Google.
2. Your use of the Android App must comply with Google’s then-current Android Market Terms of Service.
3. Google is only a provider of the Android Market where you obtained the Android App. We, and not Google, are solely responsible for the Android App and the App and content available thereon. Google has no obligation or liability to you with respect to the Android App or these Terms.
4. Google is a third-party beneficiary to the Terms as they relate to the Android App.

25. Contact Us

If you have questions or comments regarding these Terms, please contact us at terms@rockrabbit.ai.