Terms of Service
Effective date: July 7rd, 2020
These General Terms apply generally to the use of the service Roomler” (the "Service" or Roomler”), and constitute a contract between you and the company providing the Service, Video-Conferencing & Team Collaboration Services ("The Company") AS,
G ROX LTD
These terms govern your access to and use of the Roomler application and website (the "Service"), and any video, sound, text, graphics, or other materials sent, received, stored or otherwise appearing in the Service (collectively referred to as "Content"). Parts of the Service may display Content that is not Roomlers (“User Content”). Such content is the sole responsibility of the person or entity that has made it available. When "Content" is used in this document, it refers to both content provided by Roomler and User Content collectively, unless otherwise specified.
Roomler is only for people 16 years old and over. By using Roomler, you affirm that you are over 16. If we learn that someone under 16 is using Roomler, we’ll terminate their account.
The FREE Plan offers Team & Community Collaboration via Public Rooms (everyone can join), using shared server infastructure with lower quality Video-Conferencing services.
The PAID Plan offers Team & Community Collaboration via both Public (everyone can join) and Private (invite only) Rooms using dedicated server infastruture with higher quality Video-Conferencing services.
To use the Service, you will need to create a personal Roomler account. You may register an account via valid email addres or using your favorite Social App Account (Facebook, Gmail, LinkedIn, Github). You are responsible for providing and maintaining accurate and updated personal information, and for safeguarding your account information. You may not select or use an identity of another person with the intent to impersonate that person. You must use a valid email address, and Roomler reserves the right to verify this at any time. Roomler will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Your account is strictly personal and shall not be used by any other person without your supervision. Neither shall you assign your account to any other person. You are in any event solely responsible for the use of the Service through your personal user account.
We may change, terminate, or restrict access to any aspect of the Service or your account, at any time, without notice. We reserve the right to impose limitations of use based on what we consider fair or legitimate usage, both for free and paying users.
You are responsible for your use of Roomler, including the lawfulness of any content displayed, shared, uploaded or otherwise made available by you in the Service (“the User Content”). User Content includes room names, and you are responsible for ensuring room names does not include Prohibited User Content (as listed below).
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public.
We reserve the right to report illegal activity to applicable local authorities.
Prohibited User Content includes, without limitation, content which:
- is offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred, harassment or physical harm of any kind against any group or individual
- displays or links to pornographic, sexually explicit or any other indecent material
- promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
- promotes or endorses an illegal or unauthorised copy of another person's copyrighted work
- infringes on other’s trademarks, copyright or legal rights
- contains restricted or password only access pages or hidden pages or images
- solicits passwords or personal data from other users
- violates the rights of or harms or threatens the safety of other users or the Service
- shares Personal information about others, without their consent
Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, Content that have been mislabeled or is otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content generated or made available via the Service.
We give you a personal, limited, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the software that is provided to you by us as part of the Service for your personal or business use. This license is for the sole purpose of enabling you to use the Service as provided by us, subject to these Terms.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Service, our internal computer systems including technical delivery systems of our subcontractors used to provide the Service; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service or its users.
Charging for Service Usage
The Service is available as a Free plan for personal use, a Paid plans for professional use for Individuals or Businesses or Organizations.
As a Free user, you can at any time choose to upgrade your account, which will give you additional Pro features in the rooms you own. The Pro features will then be available to all Room Peers visiting the room. We reserve the right to change the features included in our plans, the price of the paid plan and the structure of the plan at any time.
All payments shall be made in advance or otherwise as laid out on the Pricing page. If your payment is not successful, your room will be downgraded to the Free plan with access to Pro features removed.
Payment processing services for Roomler, including the processing and storing of credit card data, are provided by Stripe Payments Europe, Ltd. (“Stripe”) and are subject to the Stripe Services Agreement — Bulgaria (“Stripe Services Agreement”). By agreeing to these terms and continuing to operate as a customer of a paid Roomler plan, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Roomler enabling payment processing services through Stripe, you agree to provide Roomler accurate and complete information about you and your business, and you authorize Roomler to share with Stripe Payments Europe, Ltd. this information and transaction information related to your use of the payment processing services provided by Stripe.
You retain your rights to any Content you submit, post or display on or through the Service. By submitting User Content, you grant Roomler, or must procure that your licensors grant Roomler, a non-exclusive, royalty-free, perpetual, transferable, sub-licensable, irrevocable and worldwide license to use, reproduce, store, modify, distribute, publish and create derivative works of such User Content for any purpose, commercial or otherwise. You represent and warrant that you own any User Content submitted by you or that you otherwise are entitled to submit such User Content and to grant us such license.
Roomler may need to send you information about the Service, such as important service announcements and administrative messages, by email or other means of electronic communication, by posting a notice on the Website, or through any other relevant communication channels.
All rights, title to and interest in the Service (excluding User Content) are and will remain the exclusive property of Roomler. The Service and its content are protected by copyright and other intellectual property rights in the country you reside as well as foreign countries.
Except for the limited, personal, non-exclusive, non-transferable and revocable license granted to you for the sole purpose of your use of the Service in compliance with the Terms, you are not granted any ownership of or license to any intellectual property rights in our Service or in the content owned by us our partners that you access through the Service.
The trademarks, logos, domain names and any other similar signs or symbols which are displayed on the Website or as part of the Service are the registered and unregistered marks of Roomler. Nothing in the Terms grants you the right to use any such marks.
Termination of Service
You may stop using our Service, by deleting your account in Settings on your personal account on the website. As a subscriber of a paid plan, you may terminate your subscription at any time, and will have access to the Service for the remaining (pre-paid) billing period. The Company reserves the right to terminate the Service and the agreement with you with immediate effect upon written notice to you. Users of the paid plans may be entitled to refunds. No users are entitled to refunds upon termination due to breach of these Terms.
Disclaimer of warranty
Roomler provides the Service to you "as is". You acknowledge that the Service is not error-free. You use it at your own risk and discretion. That means the Service doesn’t come with any warranty. None express, none implied. The service will be continually developed, and you acknowledge that changes to functionality and layout may carried out without advance notice. Roomler makes no warranties, expressed or implied, with respect to the availability, merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, performance and quality of the Service. Roomler will from time to time have to carry out updates and maintenance of the Service, due to technical, security or operational reasons, during which time the Service might be unavailable. Roomler will make reasonable efforts to arrange updates and maintenance outside of peak usage hours.
Limitation of Liability
Roomler shall not be liable for any damages, whether arising under law, contract, warranty, indemnification, tort or otherwise, including, without limitation, incidental and consequential damages, loss of profits or business opportunities, or damages resulting from loss of data or loss of access to the Service. In any event, Roomler's total liability shall not exceed the amount paid by you for the Service during the last 12 months prior to the incident that causes the liability.
You agree to indemnify, defend and hold harmless Roomler and its partners from all claims, liabilities and expenses (including reasonable attorney's fees) that arise from your misuse of the Service in breach of the Terms or applicable laws. Roomler reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall cooperate in good faith with Roomler in asserting any available defenses.
If any provision of the Terms is declared invalid or unenforceable by a court or other binding authority, the remaining terms (or parts), conditions and provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
Force Majeure means any circumstances beyond the reasonable control of either party, including, without limitation, fire, explosion, strikes or other labor disputes, riots or other civil disturbances, voluntary or involuntary compliance with any law, order regulation, recommendation or request of any governmental authority, and errors or downtime in networks, power supply, gateway or similar failures of communication. Neither party will have any liability, other than for the payment of money owing, for their failure to perform any of their contractual obligations arising out of or in connection with events of force majeure.
Roomler is entitled, in whole or in part, to assign its rights and obligations under the Terms to a third party at its own discretion.
Law and Dispute Resolution
he Terms shall be governed by and interpreted in accordance with Bulgarian law. Any dispute, controversy or claim arising out of or in connection with the Terms shall be subject to the jurisdiction of the Bulgarian courts with the district court of Sofia, Bulgaria as the legal venue.