Terms of Service
Effective date: March 8, 2019
Please note that your use of and access to our Services (defined below) are subject to the following
terms; if you do not agree to all of the following, you may not use or access the Services in any
Please read the rules and restrictions that govern your use of our website(s), products, services and
between you and Neatly Technologies Inc dba Rocket. (“Rocket,” “we” and “us”). If you have any
questions, comments, or concerns regarding these terms or the Services, please contact us at
You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your
using the Services in any way means that you agree to all of these Terms, and these Terms will remain in
effect while you use the Services. These Terms include the provisions in this document, as well as those
2. Will these Terms ever change?
We are constantly improving our Services, so these Terms may need to change along with the Services. We
reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by
posting them within the Titan app and/or by sending you an email on the address associated with your
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will
no longer be able to use the Services. If you use the Services in any way after a change to the Terms is
effective, that means you agree to all of the changes.
Except for changes by us as described here, no amendment or modification of these Terms will be
effective unless in writing and signed by both you and us.
3. Confidentiality; Feedback
You acknowledge that, in the course of your relationship with Rocket and in using the Services, you may
obtain information relating to the Services and/or Rocket (“Proprietary Information”). Such Proprietary
Information shall belong solely to Rocket and includes, but is not limited to, the features and mode of
operation of the Services, trade secrets, know-how, inventions (whether or not patentable), techniques,
processes, programs, ideas, algorithms, schematics, testing procedures, software design and
architecture, computer code, internal documentation, design and function specifications, product
requirements, problem reports, analysis and performance information, benchmarks, software documents, and
other technical, business, product, marketing and financial information, plans and data. In regard to
this Proprietary Information:
(a) You shall not use (except as expressly authorized by this Agreement) or disclose Proprietary
Information without the prior written consent of Rocket unless such Proprietary Information becomes
generally publicly available without your breach of this Agreement.
(b) You agree to take reasonable measures to maintain the Proprietary Information and Services in
You may, at your discretion, provide feedback to Rocket with respect the Services (“Feedback”). Feedback
may include, without limitation, new feature suggestions or errors or difficulties discovered in the
Services and the characteristic conditions and symptoms of the errors and difficulties. Rocket shall own
all right, title, and interest in the Feedback and you shall and hereby do make all assignments
necessary to accomplish the same.
4. What about my privacy?
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain
parental consent before they knowingly collect personally identifiable information online from children
who are under 13. We do not knowingly collect or solicit personally identifiable information from
children under 16; if you are a child under 16, please do not attempt to register for the Services or
send any personal information about yourself to us. If we learn we have collected personal information
from a child under 16, we will delete that information as quickly as possible. If you believe that a
child under 16 may have provided us personal information, please contact us at
5. What are the basics of using Titan?
Your log-in to the Services is via the Gmail OAuth service, and any messages you send through the
Services originate with your Gmail account and, for example, will be saved into your Gmail “sent”
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve
received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian
to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization
or entity, you represent and warrant that you are authorized to agree to these Terms on that
organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and
“your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services in a manner that complies with all laws that apply to you. If you are
using Titan open, click or download tracking, our Services will collect activities data about the
recipient of your email. In order to use these features, you are responsible in getting any required
consent of such recipients. If your use of the Services is prohibited by applicable laws, then you
aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in
a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your
account and your password. You’re responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission
(each of those terms is defined below) or otherwise use the Services or interact with the
Services in a manner that:
Infringes or violates the intellectual property rights or any other rights of anyone else
Violates any law or regulation, including, without limitation, any applicable export control
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise
Jeopardizes the security of your Rocket account or anyone else’s (such as allowing someone else
to log in to the Services as you);
Attempts, in any manner, to obtain the password, account, or other security information from any
Violates the security of any computer network, or cracks any passwords or security encryption
Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes
that run or are activated while you are not logged into the Services, or that otherwise
interfere with the proper working of the Services (including by placing an unreasonable load on
the Services’ infrastructure);
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or
Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying
ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the
6. What are my rights in Titan?
The materials displayed or performed or available on or through the Services, including, but not limited
to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all
of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You
promise to abide by all copyright notices, trademark rules, information, and restrictions contained in
any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate,
publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit
for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content
or (ii) in a way that violates someone else’s (including Rocket’s) rights.
The Services may allow you to copy or download certain Content; please remember that just because this
functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
7. Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole
responsibility of the person from whom such content originated, and you access all such information and
content at your own risk, and we aren’t liable for any errors or omissions in that information or
content or for any damages or loss you might suffer in connection with it. We cannot control and have no
duty to take any action regarding how you may interpret and use the Content or what actions you may take
as a result of having been exposed to the Content, and you hereby release us from all liability for you
having acquired or not acquired Content through the Services. We can’t guarantee the identity of any
users with whom you interact in using the Services and are not responsible for which users gain access
to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent
and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will
keep all your registration information accurate and current. You are responsible for all your activity
in connection with the Services.
The Services may contain links or connections to third party websites or services that are not owned or
controlled by Rocket. When you access third party websites or use third party services, you accept that
there are risks in doing so, and that Rocket is not responsible for such risks. We encourage you to be
party website or service that you visit or utilize.
Rocket has no control over, and assumes no responsibility for, the content, accuracy, privacy policies,
or practices of or opinions expressed in any third party websites or by any third party that you
interact with through the Services. In addition, Rocket will not and cannot monitor, verify, censor or
edit the content of any third party site or service. By using the Services, you release and hold us
harmless from any and all liability arising from your use of any third party website or service.
8. Will Rocket ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue
any part of the Services, or we may introduce new features or impose limits on certain features or
restrict access to parts or all of the Services. We’ll try to give you notice when we make a material
change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we
reserve the right to remove any Content from the Services at any time, for any reason, in our sole
discretion, and without notice.
9. What if I want to stop using Titan?
You’re free to do that at any time, by contacting us at
well as the licenses above, to understand how we treat information you provide to us after you have
stopped using our Services.
Rocket is also free to terminate (or suspend access to) your use of the Services or your account, for
any reason in our discretion, including your breach of these Terms. Rocket has the sole right to decide
whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in deletion of any Content associated with your account, so keep that in
mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination.
By way of example, all of the following will survive termination: any obligation you have to pay us or
indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property
rights, and terms regarding disputes between us.
10. What else do I need to know?
Neither Rocket nor its licensors or suppliers make any representations or warranties concerning any
content contained in or accessed through the Services, and we will not be responsible or liable for the
accuracy, copyright compliance, legality, or decency of material contained in or accessed through the
Services. We will not be responsible or liable for the uptime or reliability of the Services. We (and
our licensors and suppliers) make no representations or warranties regarding suggestions or
recommendations of services or products offered or purchased through the Services. THE SERVICES AND
CONTENT ARE PROVIDED BY Rocket (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES
OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY
(INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL Rocket (OR ITS
LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL,
WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE
AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO Rocket IN CONNECTION
WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER
BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES,
SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent allowed by applicable law, you agree to indemnify and hold Rocket, its affiliates,
officers, agents, employees, and partners harmless from and against any and all claims, liabilities,
damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in
any way related to any third party claims relating to (a) your use of the Services (including any
actions taken by a third party using your account), and (b) your violation of these Terms. In the event
of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the
contact information we have for your account (provided that failure to deliver such notice shall not
eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your
Services account, in any way (by operation of law or otherwise) without Rocket’s prior written consent.
We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Ideally, if you have any concerns or complaint against Rocket, we would like to resolve the issue
without resorting to formal court or arbitration proceedings. Therefore, before filing a claim against
Rocket, you agree to try to resolve the dispute informally by contacting
. Rocket will attempt to resolve the
dispute informally (and will contact you via email). If a dispute is not resolved within 30 days of
submission, you may bring a formal proceeding
Choice of Law; Arbitration
These Terms are governed by and will be construed under the laws of the State of California, without
regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject
matter of these Terms, that is not solved via the dispute mechanisms above, shall be finally settled in
San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and
Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one
commercial arbitrator with substantial experience in resolving intellectual property and commercial
contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance
with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of
competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall
have the right to pursue injunctive or other equitable relief at any time, from any court of competent
jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and
venue in the state or federal courts located in, respectively, San Francisco County, California, or the
Northern District of California. Any arbitration under these Terms will take place on an individual
basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING
INTO THESE TERMS, YOU AND ROCKET ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other
governmental assessments associated with your activity in connection with the Services, provided that
the Rocket may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees
fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a
waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or
invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these
Terms shall otherwise remain in full force and effect and enforceable. You and Rocket agree that these
Terms are the complete and exclusive statement of the mutual understanding between you and Rocket, and
that it supersedes and cancels all previous written and oral agreements, communications and other
understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you
are not an employee, agent, partner, or joint venture of Rocket, and you do not have any authority of
any kind to bind Rocket in any respect whatsoever. You and Rocket agree there are no third party
beneficiaries intended under these Terms.