§01 Acceptance
This EULA governs your use of all software applications, mobile apps, desktop applications, firmware, and related products issued or distributed by Rakett LLC under the Raketmo brand (collectively, the "Software"). This EULA is entered into between you and Rakett LLC, located at 20422 Schoenborn St, Winnetka, CA 91306, USA.
By clicking "I Agree," "Accept," "Install," "Download," or by installing or using the Software in any manner, you: (a) acknowledge that you have read and understood this EULA; (b) agree to be bound by its terms; and (c) represent that you have the legal capacity to enter into a binding contract.
This EULA should be read in conjunction with Rakett LLC's Terms of Service & Use, Privacy Policy, and Cookie Policy, which are incorporated herein by reference.
§02 Definitions
- "Software" means all applications, programs, code, content, updates, and related materials issued or distributed by Rakett LLC.
- "Device" means any smartphone, tablet, computer, or other electronic device on which the Software is installed or accessed.
- "End User" or "you" means the individual or entity installing, accessing, or using the Software.
- "Rakett LLC" means Rakett LLC, a California Limited Liability Company, doing business as Raketmo.
- "Services" means the features, functionality, and services offered through or in connection with the Software.
- "Updates" means any patches, bug fixes, upgrades, or new versions of the Software released by Rakett LLC.
- "Content" means any text, images, data, files, or other material created by, uploaded by, or associated with an End User.
§03 License Grant
Subject to your full compliance with this EULA and payment of all applicable fees, Rakett LLC hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
- Download and install the Software on a reasonable number of Devices that you own or control for your personal, non-commercial use; and
- Access and use the Software solely in accordance with this EULA and any applicable documentation provided by Rakett LLC.
This license does not include the right to: (a) use the Software on behalf of third parties; (b) distribute, sublicense, or commercially exploit the Software; or (c) use the Software beyond the scope expressly authorized herein. All rights not expressly granted are reserved by Rakett LLC.
Multi-Device Use
Unless a separate agreement or subscription plan expressly provides otherwise, this license authorizes installation on a limited number of personal Devices solely for your own use. Commercial or enterprise use requires a separate written agreement with Rakett LLC.
§04 License Restrictions
You agree that you will NOT, under any circumstances:
- Copy, reproduce, modify, translate, adapt, or create derivative works of the Software or any component thereof
- Reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or underlying structure of the Software, except to the extent expressly permitted by applicable law that cannot be contractually waived
- Remove, alter, or obscure any proprietary notices, labels, or marks on or within the Software
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, or transfer the Software to any third party
- Use the Software to build a competing product or service
- Use the Software in any way that violates applicable laws or regulations
- Use automated scripts, bots, crawlers, or similar tools to access the Software or any associated services
- Circumvent, disable, or interfere with any security or licensing mechanisms of the Software
- Use the Software to transmit any malware, viruses, Trojans, or other malicious code
- Access any non-public area of the Software's infrastructure, backend systems, or databases
- Use the Software for any commercial purpose without our express written consent
- Share, resell, or make available your account credentials to third parties
Any breach of the License Restrictions constitutes a material breach of this EULA and will result in automatic termination of your license.
§05 Ownership & Intellectual Property
5.1 Software Ownership
The Software is licensed, not sold. Rakett LLC and its licensors retain all right, title, and interest in and to the Software, including all copies, modifications, and derivative works thereof, and all intellectual property rights therein. This EULA does not convey to you any title or ownership interest in or to the Software, but only a limited right of use revocable in accordance with the terms herein.
5.2 Trademarks
Raketmo, Rakett, and all associated logos, product names, service names, and slogans are trademarks or registered trademarks of Rakett LLC. You are granted no right, license, or interest in any Rakett LLC trademark. You agree not to use any Rakett LLC trademark in any manner that disparages or discredits Rakett LLC.
5.3 Your Content
You retain all intellectual property rights in any content you create, upload, or submit through the Software ("Your Content"). By submitting Your Content, you grant Rakett LLC a worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce, process, and display Your Content solely as necessary to provide and improve the Software and Services. This license terminates upon deletion of Your Content or your account, subject to our data retention obligations under applicable law.
5.4 Feedback
Any feedback, suggestions, ideas, or improvements you provide regarding the Software are assigned to Rakett LLC and may be used by Rakett LLC without any obligation of compensation, attribution, or confidentiality to you.
§06 Updates & Maintenance
Rakett LLC may, at its sole discretion, develop and provide Updates to the Software. You agree that the Software may automatically download and install Updates with or without prior notice. All Updates shall be deemed part of the Software and subject to this EULA.
Rakett LLC has no obligation to provide any Updates, support, maintenance, or error correction. We reserve the right to modify, suspend, or discontinue the Software, or any feature thereof, at any time without liability to you.
If the Software requires internet connectivity for certain features, those features may be unavailable during periods of maintenance, server downtime, or other operational issues. Rakett LLC shall not be liable for any such unavailability.
§07 Data Collection & Privacy
By using the Software, you acknowledge and consent to the collection, use, and processing of certain data as described in our Privacy Policy and Cookie Policy, which are incorporated into this EULA by reference.
Data collected by the Software may include, but is not limited to:
- Personal identifiers: Name, email address, postal address
- Device data: Device identifiers, hardware model, operating system version, unique device IDs
- Location data: Approximate or precise geolocation, where permitted
- Usage data: Features accessed, time and frequency of use, crash reports and diagnostics
- User-generated content: Images, text, files, and other materials uploaded through the Software
We process this data for purposes including service operation and improvement, personalization, security, legal compliance, and analytics. Your data may be transferred to and processed in the United States or other countries where our infrastructure is located.
If you are an EU/EEA user, we process your data under lawful bases as described in our Privacy Policy. If you are a California resident, you have rights under the CCPA/CPRA as described therein.
§08 Third-Party Components
The Software may include or depend upon third-party software components, libraries, or services ("Third-Party Components"). These Third-Party Components are subject to their own licenses and terms. Rakett LLC makes no representations or warranties regarding Third-Party Components and shall not be liable for any issues arising from them.
Your use of Third-Party Components through the Software is subject to any applicable third-party terms. A list of significant Third-Party Components and their licenses may be made available within the Software or upon request.
§09 Open Source Components
Certain portions of the Software may be subject to open source software licenses ("Open Source Licenses"). To the extent any Open Source License terms conflict with the terms of this EULA, the Open Source License terms shall take precedence solely with respect to those specific open source components. This EULA does not restrict your rights under any applicable Open Source License.
§10 Export Compliance
The Software may be subject to U.S. export control laws and regulations, including the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce and sanctions programs administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC).
You agree to comply fully with all applicable U.S. and international export control laws and regulations. You represent and warrant that: (a) you are not located in, or a national or resident of, any country that is subject to a U.S. government embargo; and (b) you are not listed on any U.S. government list of prohibited or restricted parties. You may not use, export, re-export, or transfer the Software in violation of any applicable export control law.
§11 App Store & Platform Terms
If you download or access the Software through a third-party platform or marketplace (e.g., Apple App Store, Google Play Store), the following additional terms apply:
11.1 Apple App Store
If you download the Software via the Apple App Store, you acknowledge that: (a) this EULA is concluded between you and Rakett LLC only, not with Apple Inc.; (b) Apple has no obligation to furnish maintenance or support services for the Software; (c) in the event of any failure of the Software to conform to applicable warranty, you may notify Apple for a refund of the purchase price; (d) Apple is not responsible for addressing any claims by you or any third party relating to the Software; and (e) Apple is a third-party beneficiary of this EULA with the right to enforce it against you.
11.2 Google Play Store
If you download the Software via Google Play, you acknowledge that: (a) this EULA is between you and Rakett LLC only, not with Google LLC; (b) Google has no obligation to provide support for the Software; and (c) your use of the Software is also subject to Google Play's Terms of Service.
11.3 Priority of Terms
To the extent there is any inconsistency between this EULA and the terms of any platform from which you obtained the Software, this EULA shall govern your relationship with Rakett LLC.
§12 Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RAKETT LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; (C) THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED; AND (D) THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT PERMIT CERTAIN WARRANTY DISCLAIMERS. IN THOSE JURISDICTIONS, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
§13 Limitation of Liability
RAKETT LLC'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE PRECEDING 12 MONTHS OR $100, WHICHEVER IS GREATER.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RAKETT LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS EULA OR YOUR USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF RAKETT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS EULA, RAKETT LLC'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO RAKETT LLC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
§14 Indemnification
You agree to indemnify, defend, and hold harmless Rakett LLC, its members, managers, employees, agents, successors, and assigns from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Software; (b) your breach of this EULA; (c) your violation of any law or regulation; (d) your infringement of any third-party right; or (e) any content you submit through the Software.
§15 Term & Termination
15.1 Term
This EULA becomes effective on the date you install or first use the Software and remains in effect until terminated as provided herein.
15.2 Termination by You
You may terminate this EULA at any time by uninstalling and deleting all copies of the Software from all your Devices and closing your account (where applicable).
15.3 Termination by Rakett LLC
Rakett LLC may terminate this EULA and your license to the Software immediately and without prior notice if: (a) you breach any provision of this EULA; (b) Rakett LLC discontinues the Software; (c) required by law; or (d) for any other reason at Rakett LLC's sole discretion.
15.4 Effect of Termination
Upon termination of this EULA: (a) all licenses granted to you hereunder shall immediately terminate; (b) you must immediately cease all use of the Software and delete all copies; and (c) any provisions of this EULA that by their nature should survive termination shall survive, including Sections 5, 12, 13, 14, and 16.
§16 Governing Law & Dispute Resolution
This EULA shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provisions. Any legal action or proceeding arising out of or relating to this EULA shall be brought exclusively in the state or federal courts located in Los Angeles County, California, except as modified by the arbitration provision in Rakett LLC's Terms of Service & Use, which is incorporated herein by reference.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA. For EU/EEA users, nothing in this EULA shall affect your rights under mandatory applicable local consumer protection laws.
§17 Contact Information
For questions about this EULA, to report a violation, or for technical support:
Rakett LLC
20422 Schoenborn St
Winnetka, CA 91306
United States