Product and Website Terms of Use

2. SOFTWARE AND DOCUMENTATION

2.1 Licensed Software

All Software, Documentation, APIs, tools, AI models, training data, and other materials made available by Rocket ("Materials") are the copyrighted, proprietary intellectual property of Rocket and/or its suppliers or licensors. Use of the Materials is governed by Rocket's End User License Agreement and any applicable Additional License Authorizations, each available at the Trust Site (collectively, the "EULA"). In the absence of an effective EULA that governs a particular issue, the terms set forth in these TOU govern. Nothing in these TOU grants you any right, title, or interest in any Materials except the limited rights expressly set forth herein. Rocket reserves all rights not expressly granted therein.

Any use, reproduction, or copying of Software or Documentation is permitted only as expressly allowed under an effective EULA.  

2.2 Unlicensed Software, Evaluation Use, and Sample Code

If Rocket makes Software available without an effective EULA or as a “sample,” your use is governed by these TOU and Rocket's Restricted Use License available at the Trust Site (https://www.rocketsoftware.com/en-us/legal/trust), which is incorporated herein by reference. Key restrictions include: (a) you may use such Software only for internal evaluation, testing, demonstration, trial, beta, or freemium purposes, and not for any production, development, distribution, benchmarking, competitive analysis, or other commercial purpose; (b) you may not resell, sublicense, or redistribute any such Software; and (c) applicable time limitations and all other terms set forth in the Restricted Use License apply. The Restricted Use License governs in the event of any conflict with these TOU with respect to such restricted use.

2.3 Documentation

If Documentation is made available to you on our Sites, then you may annotate, translate, and make a reasonable number of copies of the Documentation for your internal use only. You may not publish any such annotations or translations. You must preserve the copyright notice in all copies of the Documentation and ensure that both the copyright notice and this permission notice appear in those copies. Accredited educational institutions, such as primary or secondary schools, universities, private and public colleges, and state community colleges, may download and reproduce the Documentation for distribution in the classroom in accordance with Rocket’s academic program license agreement, available at the Trust Site (https://www.rocketsoftware.com/en-us/legal/trust) (collectively, the "EULA"). Distribution outside the classroom requires Rocket’s express written permission. Use for any other purpose is expressly prohibited.

The Documentation does not include the design or layout of the rocketsoftware.com Sites or any other Rocket-owned, operated, licensed, or controlled site. Elements of Rocket Sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from any Rocket Site may be copied or retransmitted unless expressly permitted by Rocket.

THE DOCUMENTATION AND RELATED GRAPHICS PUBLISHED ON THE WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE DOCUMENTATION AND OTHER INFORMATION ON ROCKET SITES. ROCKET AND/OR ITS RESPECTIVE LICENSORS OR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS WEB SITE AT ANY TIME.

You may not copy, translate, adapt, convert, replicate, reproduce, or otherwise duplicate any Materials, in whole or in part, for use by or input into any artificial intelligence system, machine-learning model, large language model, automated tool, or similar technology - including for purposes of training, fine-tuning, inference, data extraction, automation, computation, analysis, or redistribution - unless expressly authorized in the applicable EULA or by Rocket in writing in advance.

Notwithstanding the foregoing prohibitions, Documentation may be stored persistently in a content management system and made available to AI features that retrieve portions of Documentation for products currently licensed by you on demand, provided that such retrieval: (a) occurs at query time; (b) does not create a standalone AI-usable index or embedding repository; (c) does not persist content for reuse independent of user access to the underlying document; and (d) does not result in model training or fine-tuning. You may not extract, embed, vectorize, or otherwise transform the Documentation into an AI-searchable index or knowledge base that enables automated recall independent of direct access to the Documentation itself. Any AI system or chatbot that has access to Rocket Documentation may not be public-facing, commercialized, distributed, or used for reverse engineering. Rocket does not represent or warrant that the Documentation is current or up-to-date.

2.4 APIs and Model Context Protocol (MCP)

Rocket makes application programming interfaces ("APIs") available to support integration with and operation of your licensed Rocket products. All API access is subject to and conditioned upon an effective EULA for the relevant Rocket product. Any API keys, tokens, or other credentials issued to you are confidential, non-transferable, and may only be used by your authorized users in connection with the Rocket products for which you hold a valid license; you must not share or disclose API credentials to any third party. You may use Rocket APIs solely to enable integrations necessary to operate your licensed Rocket products. You may not use Rocket APIs to: (a) benchmark, evaluate, or compare Rocket products against competing or alternative products or services; (b) develop, improve, or enable any product or service that competes with or is intended to substitute for any Rocket product; (c) extract, scrape, mine, or index Rocket-owned data or Materials beyond what is strictly necessary for your licensed integration; (d) reverse engineer the underlying logic, architecture, or functionality of any Rocket product; or (e) circumvent any authentication, rate-limiting, or other access control mechanism. Rocket may impose rate limits, throttling, and other technical access controls on API usage at any time. Rocket reserves the right to modify, version, deprecate, or discontinue any API or endpoint at any time without notice, and makes no warranty regarding API availability, uptime, or continued functionality unless separately agreed in writing. Use of AI tools in connection with Rocket APIs is also subject to Section 6 (AI Use Restrictions and Obligations) of these TOU.

Rocket may also make certain data sources, tools, or functionality available via the Model Context Protocol ("MCP") standard, which is subject to the following terms in addition to the API provisions above. The scope of MCP features and capabilities made available to any user is determined solely by Rocket in its discretion and may vary based on the Rocket products for which you hold a valid license under an applicable EULA. Users with active Rocket product licenses may be granted access to expanded MCP capabilities corresponding to those licensed products; users without a valid applicable EULA will have access only to such baseline MCP functionality, if any, as Rocket elects to make generally available. No user is entitled to any particular level of MCP functionality, and Rocket reserves the right to enable, limit, expand, restrict, or discontinue any MCP feature or endpoint for any user or class of users at any time without notice. You may access Rocket MCP endpoints solely to customize the AI-enabled tools authorized under your applicable EULA to interact with Rocket products for which you hold a valid license. The prohibitions set out in the APIs paragraph above apply equally to your use of Rocket MCP endpoints. In addition, you may not expose Rocket MCP endpoints to unauthorized third parties or use them to extract, index, vectorize or train on Rocket-owned data or Materials in violation of Section 2.3. Use of AI tools in connection with Rocket MCP endpoints is also subject to Section 6 (AI Use Restrictions and Obligations) of these TOU. 

3. SOFTWARE SUPPORT AND UPDATES; DATA PRACTICES

3.1 Software Support and Updates

Rocket strongly encourages all users to upgrade their licensed Rocket software products to the most current version or release/patch available  to ensure continued compatibility, performance, and support.

The most recent releases provide the latest fixes and enhancements to ensure known critical issues, security patches, and third-party components are updated. Applications built with earlier versions may no longer operate reliably or in accordance with current compliance standards.  

While older versions may continue to function in certain environments, Rocket can no longer guarantee full support or legal defensibility for deployments running on outdated software.  Rock expressly disclaims all responsibility and any obligation to indemnify with respect to any out-of-date or unpatched products.

To avoid potential disruptions, compliance issues, or exposure to unsupported third-party components or critical issues, we therefore strongly recommend updating to the latest version.  

For guidance on upgrading or to discuss your specific environment, please contact Rocket Software Support.

3. 2 Data Practices

When you use our products and services, we collect technical and diagnostic data, support interactions, and any feedback, suggestions, or ideas you share with us (collectively, "Operational Data"). This includes technical, diagnostic, and statistical data about how our products operate and perform, which does not identify you or your users. We use Operational Data — including on an aggregated and anonymized basis — to: (a) deliver and improve support and products; (b) benefit you and other customers; (c) verify license and subscription compliance; (d) identify products and services that may be of interest to you; and (e) develop, train, validate, and improve Rocket's AI models, systems, and services, including through the use of automation, machine learning, and AI. We will not use Operational Data in a way that identifies you or your users other than to support you.  

4. PRIVACY AND SECURITY

Rocket has designed and implemented an information security program consistent with generally accepted industry standards, which is reviewed annually. You are solely responsible for, and assume all liability with respect to, your own collection, processing, storage, and transfer of any user data, including Personal Data and other sensitive data. You are solely responsible for assessing the Rocket Offerings in compliance with any industry requirements applicable to your organization. Each party must comply with its respective obligations under all applicable laws, regulations, and industry standards regarding data collection and privacy.  

Personal data you provide to Rocket for the purpose of receiving Rocket Offerings will be handled in accordance with our Privacy Notice.

By accessing any Rocket Offerings, you are also acknowledging that your information may be transferred to and processed in countries other than your country of residence, including the United States.

Rocket reserves the right at all times to disclose any information Rocket deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Rocket's sole discretion.

For information about our security practices, certifications, and international data transfer safeguards, please visit our Trust Site, which is updated from time to time.

5. COMMUNICATION SERVICES

The Sites may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets, and other message or communication facilities designed to enable you to communicate with others ("Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and, when applicable, related to the particular Communication Service. Without limiting the general requirements above, you must not:

• Use Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
• Use any material or information, including images or photographs, which are made available through the Web Sites and Communication Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Web Services or other user or usage information or any portion thereof.  

Rocket has no obligation to monitor the Communication Services. However, Rocket reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Rocket reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Always use caution when providing any personally identifiable information in any Communication Service. Rocket does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Rocket specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Rocket spokespersons, and their views do not necessarily reflect those of Rocket. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction, and/or dissemination; you are responsible for adhering to such limitations if you download the materials. 

6. AI USE RESTRICTIONS AND OBLIGATIONS

The restrictions below govern your use of any artificial intelligence (“AI”) features or functionality within or in connection with the Rocket Offerings. For purposes of this section: "AI Output" means any content, data, or result generated through the Rocket Offerings using artificial intelligence or machine learning functionality, including but not limited to text, code, images, or models; "GenAI" means any AI functionality capable of generating text, images, code, audio, video, or other content in response to user inputs or prompts, including AI models and image generation models, but excludes AI that is solely predictive, classificatory, or analytical in nature; and "Agentic AI" means any AI functionality capable of performing autonomous or semi-autonomous actions - including executing tasks, making decisions, and interacting with external systems - without requiring real-time human approval for each individual step. The restrictions in Section 2 (Software and Documentation) governing use of Rocket's Documentation and Materials with AI tools also apply and are incorporated here by reference.

6.1 General AI Obligations

You acknowledge that the availability, scope, and functionality of AI features within the Rocket Offerings may vary by product and configuration. In connection with your use of AI features within the Rocket Offerings, you must:  

• protect any personal or confidential information generated or used by AI features in accordance with applicable data protection laws and your own policies;
• maintain reasonable logs of actions taken by AI features sufficient to enable investigation of any incidents, to the extent technically feasible within your environment; and 
• where AI features interact with third-party systems, obtain all necessary authorizations and permissions to use and integrate such systems and ensure compliance with applicable third-party terms.  

6.2 Generative AI — Prohibited Uses

You agree to use GenAI features and AI Output responsibly and in compliance with applicable law. You may not use or permit GenAI features or AI Output to be used:

• for abusive or illegal content, or content that is false, misleading, disparaging, or that violates the rights of others;  
• for legal, medical, financial, or other professional advice, including any opinions, judgments, or recommendations;  
• for any purpose that constitutes a prohibited AI practice under Article 5 of the EU AI Act or is otherwise prohibited under applicable law;  
• for any use constituting deployment of a high-risk AI system as defined in Article 6 and Annex III of the EU AI Act, unless you have implemented all applicable compliance measures required under the EU AI Act;  
• in any way that attempts to discover any underlying components of the models, algorithms, or systems comprising the GenAI, or to create AI, machine learning, or large language model tools or models that compete with the Rocket Offerings;  
• in any way that impersonates another person for deceptive purposes or conceals the fact that a user is interacting with AI;  
• for any dangerous, harmful, illegal, discriminatory, or malicious purpose; or  
• to make automated decisions that have material legal, financial, employment, healthcare, housing, insurance, social welfare, or other consequences affecting individual rights or well-being, or that involve critical processes or risk of loss of life or property, without appropriate human oversight and intervention.

6.3 Agentic AI — Prohibited Uses

The restrictions set out in the Generative AI - Prohibited Uses section above also apply to your use of Agentic AI features. In addition, you may not use or permit Agentic AI to be used:

• to send external communications, including emails, messages, or other correspondence, to third parties without clear disclosure that such communications were generated or sent by AI;  
• to make, authorize, or commit to contractual obligations without appropriate human review and approval;  
• to modify, disable, or circumvent access controls, security settings, authentication mechanisms, or other protective measures in any system;  
• to take any action that cannot reasonably be reversed, undone, or remediated; or  
• to access, interact with, or take actions in third-party systems or platforms without first obtaining all necessary authorizations and permissions from the relevant third parties.

6.4 Human Oversight.

You must implement and maintain oversight mechanisms appropriate to the risk profile of any Agentic AI actions, including defined boundaries for permitted autonomous actions, approval workflows for actions exceeding materiality or risk thresholds, and the ability to intervene in or halt operations at any time. You are solely responsible for determining whether and how Agentic AI is used and for implementing appropriate oversight for your specific use cases.

6.5 AI Input and AI Output

You represent and agree that you have all rights and permissions necessary to provide any data, content, materials, prompts, or other information you input into AI features within the Rocket Offerings ("AI Input"), and you are solely responsible for such AI Input and its compliance with applicable law and these TOU. Rocket may block AI Input that it reasonably believes violates these TOU. As between you and Rocket, you retain ownership of AI Input, excluding any Rocket-owned data or intellectual property incorporated therein. You hereby grant Rocket a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use AI Input to operate, support, improve, and develop the Rocket Offerings, including Rocket's AI models and services. This license survives termination of your access to the Rocket Offerings with respect to AI Input transmitted to Rocket prior to termination.

As between you and Rocket, you own AI Output, except to the extent AI Output incorporates or reflects Rocket-owned data, software, Documentation, or intellectual property, which remain the exclusive property of Rocket. You are solely responsible for your use of AI Output, including verifying its accuracy and fitness for purpose and ensuring compliance with applicable law. 

7. ROCKET COMMUNITY – CUSTOMER SUPPORT PORTAL

Subject to these TOU and the Rocket Software Technical Support Handbook, Rocket grants you a limited, nontransferable, nonexclusive license to access and use the Rocket Community portal and associated Sites solely to receive support services, access your customer information and to display and print, for your own internal use, information pertaining to you or your organization and its business with Rocket. This license terminates immediately if you or your organization ceases to be a customer of Rocket.

To access the Rocket Community portal or any Web Service that requires an account, you must complete registration by providing current, complete, and accurate information. Rocket will issue an initial password, which you must reset with a secure, complex password. You are entirely responsible for maintaining the confidentiality of your credentials and for all activities occurring under your account. You agree to notify Rocket immediately of any unauthorized use of your account or any other breach of security. Rocket will not be liable for any loss resulting from unauthorized use of your account. You may not use anyone else's account.

Rocket may suspend or terminate your account at any time, with or without cause or notice, including for actual or potential cyberattacks, security incidents, or violation of these TOU. Suspended accounts may be reinstated at Rocket's sole discretion. Upon termination, your right to access the Rocket Offerings will immediately cease. Rocket may delete your data following termination, though we may retain certain information as required by law or for legitimate business purposes.

You may not, directly or indirectly: (a) license, sell, lease, assign, or otherwise transfer any content accessed through the portal or Sites ("Portal Content"); (b) alter, or permit any third party to alter, any Portal Content; (c) permit any other party to access or use Portal Content; (d) use the portal or Sites for any purpose other than accessing your own customer information; (e) distribute copies of Portal Content in any form, including by email or other electronic means, without Rocket's prior written permission; or (f) disassemble, decompile, reverse engineer, or otherwise attempt to derive source code or other trade secrets from the portal or Sites.

All use of the Rocket Community portal and associated Communication Services is also subject to Section 5 (Communication Services) and Section 6 (AI Use Restrictions and Obligations) of these TOU. 

8. U.S. GOVERNMENT USE

Rocket's Documentation, Software, Products, APIs, and Web Services are developed at private expense and are "Commercial Products" as that term is defined at 48 C.F.R. 2.101, and include "Commercial Computer Software" and "Commercial Computer Software Documentation" as those terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. 

In accordance with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (i) only as Commercial Products and (ii) with only those rights as are granted to all other end users pursuant to these TOU. Unpublished rights are reserved under the copyright laws of the United States. The Government's rights to use, modify, reproduce, release, perform, display, or disclose computer software or computer software documentation will be governed by and subject to these TOU. 

If any term of these TOU: (a) allows for the automatic termination of the U.S. Government's license rights or maintenance of services; (b) allows for the automatic renewal of services and/or fees; (c) allows for the U.S. Government to pay audit costs; or (d) requires the governing law to be anything other than Federal law, then such term will not apply to the U.S. Government, but will continue to apply to prime contractors and subcontractors of the Government. To the extent any term of these TOU is contrary to U.S. Federal procurement law, such term will not apply to the U.S. Government but will continue to apply to prime contractors and subcontractors of the Government. 

9. USER INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Rocket, its affiliates, subsidiaries, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, actions, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the Rocket Offerings; (b) your violation of these TOU; (c) your violation of any applicable laws or regulations; (d) your violation of any third-party rights, including intellectual property, privacy, or publicity rights; (e) any content, submissions, or information you submit, post, or transmit through the Rocket Offerings; or (f) your negligence or willful misconduct. Rocket reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with Rocket’s defense of such claims. This indemnification obligation will survive termination of these TOU. 

10. DISCLAIMERS AND LIMITATION OF LIABILITY  

EXCEPT AS PROVIDED IN A SEPARATE AGREEMENT BETWEEN YOU AND ROCKET, ROCKET, ITS AFFILIATES, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE ROCKET OFFERINGS, ALL OF WHICH ARE PROVIDED "AS IS." ROCKET DOES NOT REPRESENT OR WARRANT THAT THE ROCKET OFFERINGS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THEY WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA. ROCKET MAKES NO WARRANTY REGARDING AI OUTPUTS AND DOES NOT WARRANT THAT THE ROCKET OFFERINGS WILL BE FREE FROM VIRUSES OR MALICIOUS CODE OR THAT ALL ERRORS OR DEFECTS WILL BE CORRECTED. THE USE OF THE ROCKET OFFERINGS IS AT YOUR OWN RISK.

WITH RESPECT TO AI FEATURES WITHIN THE ROCKET OFFERINGS: (A) AI OUTPUT AND THE OPERATION OF AI FEATURES DEPEND ON CONFIGURATIONS, DATA SOURCES, AI MODELS, AND SETTINGS THAT YOU SELECT OR ENABLE AND ARE NOT SOLELY WITHIN ROCKET'S CONTROL; (B) ROCKET SPECIFICALLY DISCLAIMS ALL WARRANTIES REGARDING AI FEATURES AND ANY AI OUTPUT, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, RELIABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH LAW, OR SUITABILITY FOR REGULATORY OR DECISION-MAKING USE; (C) ROCKET HAS NO INDEMNIFICATION OBLIGATION AND NO LIABILITY ARISING FROM ANY AI MODEL OR THIRD-PARTY AI THAT YOU SELECT, INTEGRATE, CONFIGURE, OR ENABLE, OR FROM ANY AGENTIC AI FUNCTIONALITY THAT YOU ENABLE, CONFIGURE, OR AUTHORIZE; AND (D) YOU ACKNOWLEDGE THAT AI OUTPUT MAY BE INACCURATE, MISLEADING, INCOMPLETE, BIASED, OR INCLUDE THIRD-PARTY CONTENT, AND YOU AGREE NOT TO RELY ON AI OUTPUT AS A SOLE SOURCE OF TRUTH OR AS A SUBSTITUTE FOR PROFESSIONAL, LEGAL, MEDICAL, FINANCIAL, OR OTHER ADVICE. WHERE APPROPRIATE BASED ON YOUR USE CASE, AI OUTPUT MUST BE SUBJECT TO HUMAN REVIEW FOR ACCURACY AND APPROPRIATENESS PRIOR TO USE.

IN NO EVENT SHALL ROCKET, ITS AFFILIATES, OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY CONSEQUENTIAL, INDIRECT, SPECIAL, AGGRAVATED, EXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES, OR (ii) ANY INTERRUPTION OF BUSINESS OR OPERATIONS, COST OF COVER, GOODWILL, OR LOSS OR CORRUPTION OF DATA, PROFITS, OR REVENUE, ARISING OUT OF OR RELATED TO THESE TOU OR THE ROCKET OFFERINGS, UNDER ANY THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND REGARDLESS OF WHETHER THE DAMAGES WERE FORESEEABLE OR UNFORESEEABLE. EXCEPT FOR CLAIMS ARISING FROM DEATH OR BODILY INJURY, TANGIBLE PROPERTY DAMAGE, WILLFUL MISCONDUCT, OR FRAUD, ROCKET'S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TOU OR THE ROCKET OFFERINGS WILL NOT EXCEED THE GREATER OF (i) THE TOTAL FEES PAID BY YOU TO ROCKET IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (ii) ONE HUNDRED U.S. DOLLARS ($100). TO THE EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM ARISING OUT OF OR RELATING TO THESE TOU MAY BE BROUGHT MORE THAN TWELVE (12) MONTHS AFTER YOU BECAME AWARE OF THE ISSUE GIVING RISE TO THE CLAIM. THE PARTIES WOULD NOT HAVE AGREED TO THESE TOU WITHOUT THE LIMITATIONS IN THIS SECTION. IF THE APPLICATION OF ANY LIMITATION IN THIS SECTION IS RESTRICTED BY LAW, ROCKET'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. ROCKET'S FAILURE TO EXERCISE A RIGHT OR REMEDY IS NOT A WAIVER THEREOF. 

11. THIRD PARTY LINKS

Third-party links on our Sites will take you away from Rocket's Sites. Linked sites are not under Rocket's control and Rocket is not responsible for the contents of any linked site. The inclusion of any link does not imply Rocket's endorsement of that site. 

12. TRADEMARKS

"Rocket Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Rocket uses in connection with its products and services. You may not remove or alter any Rocket Trademarks, or co-brand your own products or material with Rocket Trademarks, without Rocket's prior written consent. You acknowledge Rocket’s rights in Rocket Trademarks and agree that any use of Rocket Trademarks by you shall inure to Rocket’s sole benefit. You agree not to incorporate any Rocket Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services, or technologies. For a current list of Rocket Trademarks, see the Trust Center.

13. GENERAL PROVISIONS

13.1 Reservation of Rights

Rocket reserves all rights not expressly granted under these TOU, and no other rights are granted under these TOU by implication or estoppel or otherwise.

13.2 Severability

If any term of these TOU is held to be illegal, invalid, or unenforceable, the remaining terms will continue in full force and effect.

13.3. Governing Law and Jurisdiction

All matters relating to your access to or use of the Rocket Offerings are governed by the laws of the Commonwealth of Massachusetts, USA, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, as adopted, do not apply. Any dispute, claim, or controversy arising out of or relating to these TOU or your use of the Rocket Offerings shall first be subject to informal negotiation. Either party may initiate negotiation by providing written notice to the other party. The parties shall negotiate in good faith for a period of 30 days. If the dispute is not resolved through negotiation, either party may submit the dispute to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Boston, Massachusetts, and judgment on the arbitration award may be entered in any court having jurisdiction. Each party shall bear its own costs and expenses, including attorneys’ fees, unless otherwise awarded by the arbitrator. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT: (A) ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION; AND (B) YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or confidential information. You agree to submit to the personal jurisdiction of the state and federal courts located in Boston, Massachusetts for any such actions. Where mandatory local law prohibits binding arbitration or class action waivers, such provisions will not apply to you, and disputes will be resolved before the competent courts of your jurisdiction.

13.4 Survival

The following sections of these TOU will survive termination or expiration of your access to the Rocket Offerings: Section 2 (Software and Documentation), Section 9 (User Indemnification), Section 10 (Disclaimers and Limitation of Liability), and Section 13 (General Provisions), together with any other provision that by its nature should survive termination.

13.5 Force Majeure

Rocket is not liable for any delay or failure to perform its obligations under these TOU due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, government action, or internet or telecommunications failures.

13.6 No Third-Party Beneficiaries

These TOU do not confer a benefit on, and are not enforceable by, any person or entity who is not a party to these TOU.

13.7 No Assignment

You may not assign these TOU or any of your rights or obligations hereunder, in whole or in part, without Rocket's prior written consent. Any purported assignment without such consent will be null and void. Rocket may assign these TOU or its rights hereunder without restriction.

13.8 Notices

All notices required or permitted under these TOU must be in writing. Notices to Rocket should be sent to legal@rocketsoftware.com. Rocket may provide notices to you at the email address associated with your account or by posting notice on the Sites.

13.9 Governing Language

These TOU and all related documents are in English. If Rocket provides a translated version of these TOU for convenience, the English language version shall prevail in the event of any conflict, except where mandatory local law requires that a translated version prevail or that agreements be provided in a local language (including, without limitation, French in the Province of Quebec).

13.10 Compliance with Laws; Export Controls

You agree to comply with all applicable national, foreign, and international laws and regulations, including those relating to export compliance, data privacy, consumer protection, and AI governance. Without limiting the foregoing, applicable legal frameworks may include the EU General Data Protection Regulation (GDPR), the UK GDPR, Brazil's LGPD, Canada's PIPEDA, China's PIPL, the EU AI Act (Regulation (EU) 2024/1689), the EU Consumer Rights Directive, the Australian Consumer Law, and applicable provincial and state laws. You are solely responsible for determining which laws and regulations apply to your use of the Rocket Offerings and for ensuring your compliance therewith.

Regardless of where you or your organization are located, you acknowledge that the Rocket Offerings are developed and exported from the United States and are subject to U.S. export controls and economic sanctions laws and regulations as a condition of access. Compliance with U.S. export controls is mandatory for all users. You must also comply with the following additional regimes to the extent applicable to you: (a) the EU Dual-Use Regulation (Regulation (EU) 2021/821) and EU restrictive measures (sanctions) adopted under the Treaty on the Functioning of the European Union; and (b) the UK Export Control Order 2008 and UK financial sanctions regimes administered by HM Treasury's Office of Financial Sanctions Implementation ("OFSI"). By accessing or using any Rocket Offering, you unconditionally certify that you and your organization: (i) are not a U.S. denied or sanctioned person under the U.S. Export Administration Regulations ("EAR") or regulations promulgated by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"), nor a denied, sanctioned, or restricted person under any other applicable export control or sanctions regime; (ii) are not located in or acting for or on behalf of any country or government subject to U.S. embargo or sanctions, or any embargo or sanctions under other applicable law; (iii) will not use the Rocket Offerings in connection with any end-use prohibited by U.S. law or other applicable law; and (iv) are eligible to receive the Rocket Offerings under U.S. export controls and economic sanctions laws and regulations. You further agree that you and your organization will not export, re-export, transfer, re-transfer, sell, supply, or allow access to or use of the Rocket Offerings to, in, by, or for any sanctioned, embargoed, or otherwise prohibited country, person, or end use under U.S. or other applicable law, without first obtaining any required license or authorization from the relevant governmental authority. You will not use the Rocket Offerings for nuclear, chemical, missile, or biological weapons-related end uses or any other purpose prohibited by applicable export laws. Diversion contrary to U.S. law or other applicable law is prohibited. You are responsible for screening for prohibited end uses and agree to indemnify Rocket for any violation by you of any applicable export controls or economic sanctions laws and regulations.

You agree to comply with the EU AI Act (Regulation (EU) 2024/1689) to the extent applicable to your use of the Rocket Offerings, and you shall not use any Rocket Offering in a manner that constitutes a high-risk AI system use case as defined under Article 6 and Annex III of the EU AI Act without implementing all compliance measures required thereunder.

You must immediately notify Rocket at legal@rocketsoftware.com if you become aware of any breach of your obligations under this section. Rocket may prevent access to, suspend, or terminate your use of the Rocket Offerings for violation of the foregoing (without refund, if applicable).