Last updated: 4/1/24
Providing the families that use our products peace of mind is at the center of everything we do at Rootchat and so we wanted to share our commitment to you and your family:
Welcome to the Rootchat App and Myrootchat.com website (collectively referred to as the ‘Service’). The Service is provided to you by ImmortalFuture, LLC. (referred to herein as ‘we’, ‘us’, ‘our’, ‘Rootchat’). This agreement applies to all visitors, users, and others who access the Service (“Users”).
Your access and use of the Service is subject to the following terms and conditions (the “Terms and Conditions” or “Agreement”) and all applicable laws. By accessing or using any part of the Service, you accept, without limitation or qualification, these terms and conditions.
Rootchat is a mobile based technology platform that provides individuals with a safe and secure place to chat, share life moments, and interact with their family.
You may use the Service only if you can form a binding contract with Rootchat and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and Conditions on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Service only in compliance with these Terms and Conditions and all applicable local, state, national, and international laws, rules and regulations. The Service is not intended for individuals under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE. By using the Service, you represent and warrant that you are at least 13 years of age.
Subject to the terms of this agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Rootchat reserves all rights not expressly granted herein in the Service. Rootchat may terminate this license at any time for any reason or no reason. Your Rootchat account gives you access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion.
We care deeply about your privacy. Any information that you provide to Rootchat is subject to our Privacy Policy, a copy of which is available at https://myrootchat.com/privacy, which governs our collection and use of your information and User information. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information within the United States and/or to other countries for storage, processing and use by Rootchat (as set forth in the Privacy Policy). As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service and your User account, which you may not be able to opt-out from receiving.
You are responsible for safeguarding any OTPs (One Time Password) that you use to access the Service. We urge you to not provide an OTP associated with your account to anyone aside from a Rootchat representative providing any account access assistance. You must notify Rootchat immediately of any breach of security or unauthorized use of your account. Rootchat will not be liable for any losses caused by any unauthorized use of your account.
This Service is provided for your personal and non-commercial use and for informational purposes regarding our services only. Any other use of the Service requires the prior written consent of Rootchat.
You agree not to engage in any of the following prohibited activities:
(i) using any scrapper, spider, robot or other automated means of any kind to access the Service, deep-link to any feature or content on the Service, crawl the Service in any manner, or bypass any other measures we may use to prevent or restrict access to the Service; (ii) overloading, flooding, spamming, mail-bombing the Service, or scripting the creation of content in such a manner as to interfere with or create an undue burden on the Service; (iii) undertaking, causing, permitting or authorizing the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Service or any part thereof, or attempt to do any of the foregoing, expect and solely to the extent permitted by law, or otherwise attempt to use or access any portion of the Service other than as intended by Rootchat; (iv) reproducing, distributing, displaying, performing, selling, trading, reselling or exploiting any portion of the Service, use of the Service, access to the Service or content obtained through the Service for any purpose; (v) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (vi) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vii) uploading, sending, posting, transmitting or otherwise making available any invalid data, viruses, worms, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equitment, or any other aspect of the Service or communications equipment and computers connected to the Service; (viii) uploading or otherwise transmitting to or through the Service any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit or, hateful or otherwise objectionable material of any kind; more information regarding Violative Content can be found within section 9; (ix) collecting or harvesting any personal information, including account names, from the Service; (x) deleting the copyright and other proprietary rights notices; (xi) uploading, posting or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise); (xii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (xiii) using any trademarks, service marks, design marks, logos, photographs, or other content belonging to Rootchat or obtained from the Service; (xiv) interfering with the proper working of the Service; (xv) accessing, tampering with, or using any content, User accounts, personal information or other information on the Service through any technology or means other than those provided or authorized by the Service; or (xvi) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
Rootchat does not pre-screen or control User Content or User Submissions and, as such, does not endorse, support, represent, or guarantee, the truthfulness, accuracy or reliability of any communication posted or endorse any opinion expressed in any such content or posting. The substance of any User Content, User Submission, or any other materials available through the Service reflects the thoughts and opinions of the author(s), and does not represent the thoughts, opinions, plans or strategies of Rootchat. Rootchat undertakes no obligation to update, correct or modify any statements made by an user. Any reliance on material from the Service is at your own risk.
This Service may contain links to third party websites and apps not maintained by Rootchat. Other websites and apps may also reference or link to our Service. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statement of each and every website and app that you visit. We are not responsible for the practices or the content of such other services.
You retain your rights to any content or information you submit, post, or display on or through the Service (“User Content”) and Rootchat does not claim ownership of any of your User Content. Instead, for good and valuable consideration, including the right to use the Service, the receipt and sufficiency of which is hereby acknowledged, you hereby grant to Rootchat, and their respective parents, subsidiaries and affiliate companies, successors, assigns, designees, agents and employees the non-exclusive, fully paid, sub-licensable, assignable, royalty-free right and license to use your User Content, in any and all media now known or hereafter developed, throughout the world, subject to our Privacy Policy, available here https://myrootchat.com/privacy. You can choose who can view your User Content and activities, including your moments and albums, as described in the Privacy Policy. This license for such limited purposes continues even after you stop using the Service, with respect to aggregate and de-identified data derived from User Content and any residual backup copies of User Content made in the ordinary course of business. This license also extends to any trusted third parties that Rootchat works with to the extent necessary to provide the Service to you.
Rootchat expects that all of its Users to be respectful of other people. Below is a partial list of the types of conduct that are illegal or prohibited on the Service. Rootchat reserves the right to investigate and take appropriate legal action against anyone who, in Rootchat’s sole discretion, engages in any of the prohibited activities. You agree that you will not post or transmit to other Users anything that contains “Violative Content” that includes, without limitation, content that:
We are not under an obligation to monitor the Content people share through our Services. Nevertheless, we want our Services to be a place where people can have fun and most importantly express their real selves while feeling safe. Content that violates another person’s rights, or does not comply with laws, rules, regulations or the Agreement (“Violative Content”) is prohibited. If you see Violative Content, you can report it to us through the reporting feature in the Service.
If you believe your Content has been copied in a way that infringes your intellectual property rights, you can report this within the Service or by emailing us at help@myrootchat.com.
You agree not to submit a User Submission that contains any material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Rootchat all of the license rights outlined herein. By posting a Moment or contributing to an Album, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to do so. You further agree not to submit anything that is offensive, derogatory, obscene, infringing of any third party's rights, or contrary to local, national, and international laws and regulations.
When you post, upload, and edit a Moment or Album, you grant to Rootchat and its affiliates and partners a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicensable license to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way to use those User Submissions, and any names, voices, likenesses and other identifying information of persons that is part of those User Submissions, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products and services. You hereby waive any moral rights you may have in your User Submissions.
We respect your ownership of User Submissions, if you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in these Terms and Conditions and any access granted to others. Please note that even where the Service provides a deletion capability for User Submissions, and you delete a User Submission from the Service:
We may impose limits on the size or number of User Submissions (e.g., limits on hosting and/or storage space or inbound or outbound messages) or otherwise refuse or remove a User Submission with or without cause and without notice to you. If we are notified or determine, in our sole discretion, that any User Submission violates these Terms and Conditions or applicable laws, we reserve the right (but not the obligation) to edit or remove such User Submission. However, we have no obligation to monitor, edit or remove User Submissions, and you agree that neither we nor our affiliates will be liable for (i) User Submissions; (ii) any failure to store, receive or deliver User Submissions; or (iii) any loss or damage resulting from User Submissions. User Submissions are intended to be public, and we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.
We do not own any content posted by Users nor endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. You bear all responsibility for your User Submissions. You represent and warrant that you have all rights necessary to grant to Rootchat the license above and that your User Submissions do not violate the provisions of Section 9 of these Terms and Conditions. Other than as provided in this Section 11, your conduct with respect to your User Submissions shall be in accordance with the acceptable use policies of Rootchat, including without limitation, the requirements of Sections 6 and 9 applicable to User Content in general. In particular, we reserve the right (but do not assume the obligation, outlined in Section 10) to monitor, investigate, edit and remove or prevent access to the whole or any part of any User Submission within the Service that we believe violates our rules and acceptable use policies on the Service.
Rootchat is the owner of or otherwise licensed to use all parts of the Service, including copy, software, graphics, designs, photographs, and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Service may belong to third parties who have authorized Rootchat to display the materials, such as other User Content or User Submissions, or other such proprietary materials. By using the Service, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. You may not access or use the Service, or any portion of it, for any purpose other than to make personal use of the services provided in accordance with these Terms and Conditions. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing our using the Service. All rights not granted under these Terms and Conditions are reserved by Rootchat.
Rootchat is the owner of or otherwise licensed to use all parts of the Service, including copy, software, graphics, designs, photographs, and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Service may belong to third parties who have authorized Rootchat to display the materials, such as other User Content or User Submissions, or other such proprietary materials. By using the Service, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. You may not access or use the Service, or any portion of it, for any purpose other than to make personal use of the services provided in accordance with these Terms and Conditions. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing our using the Service. All rights not granted under these Terms and Conditions are reserved by Rootchat.
We may temporarily or permanently suspend your account and prevent your use of our Service if we have determined that you have shared Violative Content or used our Service in a way that violates another person’s rights, or does not comply with the laws, rules, regulations or the Agreement.
We operate a three strike policy in most instances. That means if you share Violative Content, we will suspend your account for 30 days, during which you will not be able to access your account. If this happens three times, you are out! We will permanently suspend you from our Service and prevent you from creating a new Rootchat account.
Note, certain Violative Content (e.g. Child Sexual Abuse Material (CSAM)) will result in your immediate and permanent suspension from our Service.
You may appeal a suspension by emailing us at support@myrootchat.com.
To protect you, other users and our Service, we may temporarily suspend your account in the event that we detect abnormal activity which could present technical or security risks to you, other users or our Service.
You can delete your account at any time by going into the settings in your account and choosing the ‘delete account’ option.
Rootchat cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Rootchat will store and process User Content in a manner consistent with industry security standards. Rootchat has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of User Content and to mitigate the risk of unauthorized access to or use of User Content. If Rootchat becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data related to your account (“Security Incident''), Rootchat will take reasonable steps to notify you. Rootchat will also reasonably cooperate with you with respect to any investigations relating to a Security Incident with preparing any required notices, and provide any other information reasonably requested by you in relation to any Security Incident, where such information is not already available to you in your account.
a. Copyright Claims
We respect intellectual property rights. If you believe that content on the Service infringes your copyright, a notification of claimed copyright infringement pursuant to the Digital Millennium Copyright Act must be sent to our Designated Agent, as follow:
Notifications of claimed copyright infringement on the Service must include the following:
b. Counter-Notice
We respect intellectual property rights. If you believe that content on the Service infringes your copyright, a notification of claimed copyright infringement pursuant to the Digital Millennium Copyright Act must be sent to our Designated Agent, as follows:
If you believe that your User Content or User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content or User Submission, you may send a counter-notice containing the following information to our Designated Agent listed above. Your counter-notice must include the following:
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Rootchat’s sole discretion.
c. Errors and Inaccuracies
We are constantly updating product and service offerings within the Service. We may experience delays in updating information on the Service. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
You agree to indemnify, defend and hold harmless Rootchat, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law and in connection with your User Content and User Submissions.
WHILE ROOTCHAT USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE SERVICE, ROOTCHAT MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. ROOTCHAT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND ROOTCHAT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ROOTCHAT DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ROOTCHAT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROOTCHAT SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL ROOTCHAT OR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, OR THIRD PARTIES ASSOCIATED WITH THE SERVICE BE LIABLE TO ANY USER OR ANYONE CLAIMING THROUGH ANY USER UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
THE LAWS OF THE STATE OF DELAWARE SHALL GOVERN THESE TERMS AND CONDITIONS. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN DOVER, DELAWARE FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE SERVICE.
This Agreement and our Privacy Policy are the entire and exclusive agreement between Rootchat and you regarding the Service and these Terms and Conditions supersede and replace any prior agreements between Rootchat and you regarding the Service.
The Service as well as the products and services described within the Service are subject to change. Not all Rootchat Content is available or intended for all geographic areas. In addition, these Terms and Conditions may be changed at any time without prior notice. Rootchat will make such changes by posting them on the Rootchat App or web site or both or by other reasonable means in our sole discretion. Your continued use of the Service after such changes conclusively demonstrates your acceptance of those changes. Rootchat may, in its sole discretion, modify or update this Agreement from time to time, and so we encourage you to review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. If you do not agree to any of these Terms and Conditions or any future Terms and Conditions, do not use or access (or continue to access) the Service.
If any part of this Agreement is held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
The failure of either party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
To the extent permitted by applicable law, your use of the Service constitutes your consent to receive all communications from us in connection with the Service or products or services provided (collectively referred hereafter as “Notices”) electronically, either by posting them on the Service or by sending them to an email address that you provide to us. The delivery of any such Notice is effective when posted or sent, regardless of whether you read the Notice. If you want to withdraw your consent to receive such Notices electronically, you must discontinue your use of the Service.
Should you have any questions regarding these Terms and Conditions you may contact us at info@myrootchat.com.
.svg)
.svg)
.svg)
