§01 Acceptance of Terms

By accessing, downloading, installing, or using any website, mobile application, software, or other product or service offered by Rakett LLC, doing business as Raketmo (collectively, the "Services"), you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service & Use ("Terms"), our Privacy Policy, our Cookie Policy, and any additional guidelines or policies incorporated herein by reference.

Your continued use of the Services following any modification to these Terms constitutes acceptance of those modifications. If you are using the Services on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization to these Terms.

§02 About Us

The Services are provided by:

Rakett LLC
20422 Schoenborn St
Winnetka, CA 91306
United States of America
California LLC — Document No. 202461113292
Formed: February 22, 2024

References to "Raketmo," "we," "us," or "our" in these Terms refer to Rakett LLC and all of its products, services, websites, and applications.

§03 Scope of Services

These Terms govern your use of all current and future Services offered by Rakett LLC, including without limitation:

• The Raketmo website(s) and any subdomain thereof
• All mobile applications published or distributed by Rakett LLC on any platform (including but not limited to Apple App Store and Google Play Store)
• All installable desktop or device software issued by Rakett LLC
• All APIs, developer tools, and related services
• Any future products, features, or services made available by Rakett LLC

Rakett LLC reserves the right to modify, suspend, discontinue, or restrict access to any part of the Services at any time, with or without notice, and without liability to you.

§04 Eligibility & Age Restrictions

To use the Services, you must be at least thirteen (13) years of age. Certain Services or features may require you to be at least eighteen (18) years of age. Where age-restricted features exist, we will provide separate notice.

If you are between the ages of 13 and 18, you may only use the Services with the express consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. The parent or guardian assumes full responsibility for the minor's use of the Services.

Children Under 13 (COPPA): We do not knowingly collect personal information from children under the age of 13. If we become aware that we have collected personal information from a child under 13 without verifiable parental consent, we will take immediate steps to delete that information. If you believe we have inadvertently collected such information, please contact us at legal@rakettllc.com immediately.

You also represent that you are not located in a country subject to a U.S. government embargo and are not listed on any U.S. government list of prohibited or restricted parties.

§05 Account Registration

5.1 Creating an Account

Some features of the Services require account registration. When creating an account, you agree to: (a) provide accurate, current, and complete information; (b) maintain and promptly update your account information; (c) maintain the security and confidentiality of your login credentials; and (d) notify us immediately at service@rakettllc.com of any unauthorized use of your account or any other security breach.

5.2 Account Responsibility

You are solely responsible for all activity that occurs under your account. Rakett LLC is not liable for any loss or damage arising from your failure to comply with these requirements. You may not share, sell, transfer, or otherwise permit any third party to access your account.

5.3 One Account Per Person

Unless expressly permitted by us in writing, each user is permitted one account. We reserve the right to merge, suspend, or terminate duplicate accounts.

§06 Acceptable Use

You agree to use the Services only for lawful purposes and in a manner consistent with these Terms, all applicable local, state, national, and international laws and regulations, including but not limited to:

• The laws of the State of California and the United States
• The General Data Protection Regulation (GDPR) where applicable
• Canada's Personal Information Protection and Electronic Documents Act (PIPEDA)
• All applicable export control laws and regulations

You are solely responsible for ensuring your use of the Services complies with all laws applicable in your jurisdiction.

§07 Prohibited Conduct

You expressly agree NOT to engage in any of the following:

• Using the Services for any unlawful, harmful, fraudulent, deceptive, or malicious purpose
• Violating or infringing any third party's intellectual property, privacy, publicity, or proprietary rights
• Uploading, transmitting, or distributing viruses, malware, ransomware, spyware, adware, or any other malicious code
• Attempting to gain unauthorized access to any portion of the Services or any related system or network
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of the Services
• Scraping, crawling, or using automated tools to access the Services without our express written permission
• Interfering with or disrupting the integrity, performance, or security of the Services
• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity
• Collecting, harvesting, or storing personal data of other users without their explicit consent
• Using the Services to send unsolicited communications (spam) or engage in phishing
• Circumventing, disabling, or otherwise interfering with any security features of the Services
• Using the Services in any manner that could disable, overburden, or impair any Rakett LLC server or network
• Using the Services to facilitate any illegal activity including, but not limited to, gambling, drug trafficking, money laundering, terrorism, or human trafficking
• Uploading or distributing content that is defamatory, obscene, pornographic, harassing, abusive, threatening, or otherwise objectionable
• Violating any applicable export control or sanctions laws

Rakett LLC reserves the right, in its sole discretion, to investigate and take appropriate action against anyone who violates this Section, including suspending or terminating accounts and reporting to law enforcement authorities.

§08 Intellectual Property

8.1 Rakett LLC Ownership

All content, features, and functionality of the Services — including but not limited to software, text, graphics, logos, icons, images, audio clips, data compilations, and the selection and arrangement thereof — are the exclusive property of Rakett LLC, its licensors, or other content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Limited License to Users

Subject to these Terms, Rakett LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal, non-commercial use. No rights or licenses are granted to you except as expressly set forth herein.

8.3 Restrictions

You may not: (a) copy, modify, or distribute any part of the Services; (b) create derivative works based on the Services; (c) remove any proprietary notices; (d) use the Services for commercial purposes without our express written consent.

8.4 Trademarks

Raketmo, Rakett, and all associated logos and product names are trademarks or registered trademarks of Rakett LLC. You may not use our trademarks without our prior written consent.

8.5 Feedback

If you provide us with any suggestions, ideas, enhancements, or other feedback regarding the Services ("Feedback"), you hereby assign to Rakett LLC all rights, title, and interest in and to such Feedback, and Rakett LLC may use such Feedback for any purpose without compensation or attribution to you.

§09 User-Generated Content

9.1 Your Content

The Services may permit you to upload, submit, post, transmit, or store content including text, images, files, and other materials ("User Content"). You retain all intellectual property rights in your User Content.

9.2 License Grant to Rakett LLC

By submitting User Content through the Services, you grant Rakett LLC a worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content solely in connection with the operation and improvement of the Services. This license terminates when you delete your User Content or your account, unless your User Content has been shared with others and they have not deleted it.

9.3 Content Standards

You represent and warrant that: (a) you own or have the necessary rights to submit your User Content; (b) your User Content does not violate any third party's intellectual property rights, privacy rights, or any law; (c) your User Content does not contain malware or harmful code; and (d) your User Content does not violate these Terms.

9.4 Content Monitoring & Removal

Rakett LLC has no obligation to monitor User Content but reserves the right (but not the obligation) to remove, refuse, or disable access to any User Content that, in our sole discretion, violates these Terms or is otherwise objectionable. We are not responsible for any loss or damage resulting from our exercise or failure to exercise this right.

§10 Privacy & Data

Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection, use, and sharing of your data as described in the Privacy Policy.

We collect certain personal information including, but not limited to, your name, email address, postal address, device identifiers, location data, and any content you upload. We process this data in accordance with applicable law, including the GDPR (for EU/EEA users) and PIPEDA (for Canadian users).

§11 Third-Party Services & Links

The Services may contain links to, or integrations with, third-party websites, services, or content that are not owned or controlled by Rakett LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

Your interactions with any third-party services are solely between you and such third party. We strongly advise you to read the terms and privacy policies of any third-party services you use. Rakett LLC expressly disclaims any and all liability arising from your use of third-party services.

§12 Payments, Subscriptions & Refunds

12.1 Fees

Certain Services may be offered on a paid subscription or one-time purchase basis. All fees are stated in U.S. Dollars unless otherwise specified. You agree to pay all applicable fees at the time they are due.

12.2 Third-Party Payment Processors

We may use third-party payment processors (such as Stripe, Apple, Google, or others) to process your payments. By making a payment, you also agree to the applicable payment processor's terms of service. Rakett LLC does not store full credit card or payment account numbers.

12.3 Subscriptions & Auto-Renewal

Subscription-based Services automatically renew at the end of each billing cycle unless you cancel before the renewal date. You authorize us (or our payment processor) to charge your payment method on each renewal date. You are responsible for canceling your subscription before the renewal if you do not wish to be charged.

12.4 Refunds

All purchases are final and non-refundable except where required by applicable law or as expressly stated at the point of purchase. If you believe you are entitled to a refund, please contact us at service@rakettllc.com. For in-app purchases made through Apple or Google platforms, refund policies are governed by those platforms.

12.5 Price Changes

We reserve the right to change our pricing at any time. We will provide you with reasonable notice of any price changes before they take effect. Continued use of the Services after a price change constitutes your acceptance of the new pricing.

§13 Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RAKETT LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

RAKETT LLC DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; OR (D) THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain warranties; in such cases, some of the above exclusions may not apply to you.

§14 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RAKETT LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.

IN NO EVENT SHALL RAKETT LLC'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO RAKETT LLC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow certain liability limitations; to the extent such laws apply, some of the above limitations may not apply to you.

§15 Indemnification

You agree to defend, indemnify, and hold harmless Rakett LLC, its members, managers, employees, contractors, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your User Content; (c) your use of the Services; (d) your violation of any third-party right, including any intellectual property right, privacy right, or publicity right; or (e) any claim that your User Content caused damage to a third party.

§16 Termination

16.1 By Rakett LLC

We may, in our sole discretion and without prior notice or liability, suspend, restrict, or terminate your access to all or any part of the Services at any time, for any reason, including if we reasonably believe you have violated these Terms. Upon termination, your right to use the Services ceases immediately.

16.2 By You

You may terminate your account at any time by contacting us at service@rakettllc.com or using the account deletion feature within the applicable application. Termination does not entitle you to a refund of any fees paid.

16.3 Effect of Termination

Upon termination of your account: (a) these Terms will terminate except for those provisions that by their nature should survive; (b) we may delete your account and User Content; and (c) we may retain certain information as required by law or for legitimate business purposes.

16.4 Survival

Sections 8 (Intellectual Property), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), 17 (Governing Law), 18 (Dispute Resolution), and 21 (Miscellaneous) shall survive any termination of these Terms.

§17 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

You agree that any dispute arising from these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, subject to the arbitration provisions in Section 18.

§18 Dispute Resolution & Arbitration

18.1 Informal Resolution

Before initiating any formal proceeding, you agree to first contact Rakett LLC at legal@rakettllc.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute within thirty (30) days.

18.2 Binding Arbitration

If the dispute cannot be resolved informally, you and Rakett LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (except those specifically excluded below) shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, conducted in Los Angeles, California. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

18.3 Class Action Waiver

YOU AND RAKETT LLC EACH AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class proceeding.

18.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or to protect confidential information.

18.5 Opt-Out

You may opt out of the arbitration agreement by sending written notice to legal@rakettllc.com within thirty (30) days of the date you first accepted these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration.

§19 International Users

19.1 European Union / EEA Users (GDPR)

If you are located in the European Union or European Economic Area, you have additional rights under the General Data Protection Regulation, including rights of access, rectification, erasure, restriction, portability, and objection. Our lawful basis for processing your personal data is set forth in our Privacy Policy. To exercise your GDPR rights, contact us at legal@rakettllc.com. You also have the right to lodge a complaint with your local data protection authority.

19.2 Canadian Users (PIPEDA)

If you are located in Canada, your personal information is handled in accordance with Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy laws. You have the right to access, correct, and request deletion of your personal information. To exercise these rights, contact us at legal@rakettllc.com.

19.3 California Users (CCPA / CPRA)

California residents have rights under the California Consumer Privacy Act and California Privacy Rights Act, including the right to know, delete, correct, and opt out of the sale or sharing of personal information. To exercise your rights, submit a request to legal@rakettllc.com or as described in our Privacy Policy. We do not discriminate against you for exercising your privacy rights.

19.4 Data Transfers

Rakett LLC is based in the United States. If you access the Services from outside the US, your information may be transferred to, stored, and processed in the United States or other countries where data protection laws may differ from those in your country. By using our Services, you consent to such transfers to the extent permitted by applicable law.

§20 Changes to Terms

Rakett LLC reserves the right to modify these Terms at any time. We will provide notice of material changes by: (a) posting the updated Terms on our website with a new effective date; (b) sending an in-app notification; or (c) emailing you at the address associated with your account where required by law.

Changes become effective thirty (30) days after notice is provided, unless we specify a different date or applicable law requires otherwise. Your continued use of the Services after the effective date constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Services and delete your account.

§21 Miscellaneous

21.1 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, EULA, and any other policies expressly incorporated herein, constitute the entire agreement between you and Rakett LLC regarding the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

21.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

21.3 Waiver

No failure or delay by Rakett LLC in exercising any right or remedy shall constitute a waiver of that right or remedy.

21.4 Assignment

You may not assign these Terms or any of your rights or obligations hereunder without our prior written consent. Rakett LLC may assign these Terms at any time without restriction, including in connection with a merger, acquisition, or sale of assets.

21.5 Force Majeure

Rakett LLC shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, war, terrorism, pandemic, natural disasters, governmental action, or internet or telecommunications failures.

21.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

21.7 Language

These Terms are written in English. To the extent any translated version conflicts with the English version, the English version shall control.

§22 Contact Information

If you have any questions, concerns, or requests regarding these Terms, please contact us:

Mailing Address:
Rakett LLC — Legal Department
20422 Schoenborn St
Winnetka, CA 91306
United States