Terms of Service

Last updated: November 27, 2024

Welcome to RozyCam. These Terms of Service ("Terms") govern your access to and use of the RozyCam platform, website, and services (collectively, the "Service"). Please read these Terms carefully before using our Service.

By accessing or using RozyCam, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

1. Acceptance of Terms

By creating an account, accessing our website, or using any part of our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Community Guidelines. These Terms constitute a legally binding agreement between you and RozyCam Inc. ("RozyCam," "we," "us," or "our").

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or prominent notice on the Service. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

2. Eligibility and Account Registration

2.1 Age Requirement

You must be at least 18 years old to use RozyCam. By using our Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. We do not knowingly collect information from or direct our Service toward anyone under 18. If we learn that a user is under 18, we will promptly terminate their access and delete their information.

2.2 Account Accuracy

If you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your password
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

2.3 Account Termination

You may terminate your account at any time by contacting support@rozycam.com. We reserve the right to suspend or terminate accounts that violate these Terms or our Community Guidelines, at our sole discretion, with or without notice.

3. Acceptable Use Policy

You agree to use RozyCam only for lawful purposes and in accordance with these Terms. Specifically, you agree NOT to:

3.1 Prohibited Content

• Display, transmit, or share nudity, sexually explicit content, or pornographic material
• Share content depicting violence, graphic injury, or gore
• Engage in hate speech, discrimination, or harassment based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or other protected characteristics
• Share content promoting terrorism, violent extremism, or illegal activities
• Display or promote self-harm, suicide, or eating disorders
• Share misinformation that could cause physical harm

3.2 Prohibited Behavior

• Harass, bully, threaten, intimidate, or abuse other users
• Engage in sexual harassment or unwanted sexual advances
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Record, screenshot, or otherwise capture conversations without explicit consent from all parties
• Use the Service for commercial purposes, advertising, or solicitation without prior written consent
• Engage in spam, phishing, or other fraudulent activity
• Solicit money, personal information, or login credentials from other users
• Share or request contact information for purposes prohibited by these Terms

3.3 Platform Integrity

• Interfere with or disrupt the Service, servers, or networks connected to the Service
• Use bots, scripts, or automated tools to access the Service
• Attempt to gain unauthorized access to any part of the Service, other user accounts, or computer systems
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove, circumvent, or disable any security features or access controls
• Upload viruses, malware, or other malicious code

4. User Content and Conduct

4.1 User Responsibility

You are solely responsible for your conduct and any content you share while using the Service. You represent and warrant that:

• You own or have necessary rights to any content you share
• Your content doesn't violate any third-party rights, including intellectual property, privacy, or publicity rights
• Your content complies with all applicable laws and regulations
• Your content adheres to our Community Guidelines

4.2 Content Monitoring and Moderation

While we don't monitor all user interactions, we employ automated systems and human moderators to detect and remove content that violates these Terms. We reserve the right (but have no obligation) to:

• Monitor, screen, or review user conduct and content
• Remove or disable access to content that violates these Terms
• Suspend or terminate users who violate these Terms
• Report illegal activity to law enforcement
• Cooperate with law enforcement investigations

4.3 Reporting Violations

If you encounter content or behavior that violates these Terms or our Community Guidelines, please report it immediately using our in-app reporting tools or by emailing safety@rozycam.com. We take all reports seriously and investigate promptly.

5. Intellectual Property Rights

5.1 RozyCam Property

The Service, including its original content, features, functionality, design, software, text, graphics, logos, and trademarks, is owned by RozyCam and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without express written permission.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes in accordance with these Terms. This license does not include any rights to:

• Resell or make commercial use of the Service
• Download (other than page caching) or modify any portion of the Service
• Use data mining, robots, or similar data gathering tools
• Create derivative works based on the Service

5.3 User-Generated Content License

For any content you share that is stored on our servers (such as profile information, support communications, or flagged content), you grant RozyCam a worldwide, non-exclusive, royalty-free license to use, reproduce, process, adapt, modify, publish, and display such content solely for the purposes of operating and improving the Service.

This license does not apply to your video and audio communications, which are transmitted peer-to-peer and not stored on our servers.

5.4 Trademark Policy

"RozyCam" and associated logos are trademarks of RozyCam Inc. You may not use our trademarks without prior written permission. Any unauthorized use may violate trademark, copyright, and other applicable laws.

6. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Service, you consent to our data practices as described in the Privacy Policy. Please review our Privacy Policy at /privacy to understand how we handle your data.

7. Third-Party Links and Services

The Service may contain links to third-party websites, services, or resources that we do not own or control. We are not responsible for the content, privacy policies, or practices of third-party websites or services. You acknowledge and agree that RozyCam shall not be liable for any damage or loss caused by your use of third-party services. We recommend reviewing the terms and privacy policies of any third-party services you access.

8. Disclaimers and Limitations of Liability

8.1 Service "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ROZYCAM DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• The quality of products, services, information, or other material obtained through the Service will meet your expectations
• Any errors in the Service will be corrected

8.2 User Interactions

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. ROZYCAM MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING USER CONDUCT. ROZYCAM RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR INTERACTIONS BETWEEN YOU AND OTHER USERS.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROZYCAM, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100 USD) OR THE AMOUNT YOU PAID TO ROZYCAM IN THE TWELVE MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.

9. Indemnification

You agree to indemnify, defend, and hold harmless RozyCam, its officers, directors, employees, partners, and agents from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Any content you submit, transmit, or display through the Service

10. Dispute Resolution and Arbitration

10.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@rozycam.com to resolve the dispute informally. We'll attempt to resolve the dispute within 60 days. If we cannot, either party may pursue formal dispute resolution.

10.2 Binding Arbitration

If informal resolution fails, you agree that any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA), rather than in court, except that you may assert claims in small claims court if they qualify.

The arbitration will be conducted in San Francisco, California, or another mutually agreed location. Each party will bear its own costs and expenses, including attorney fees. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST ROZYCAM.

10.4 Exceptions

Either party may seek injunctive or other equitable relief in court to prevent infringement of intellectual property rights or other proprietary rights. Claims of defamation, violation of the Computer Fraud and Abuse Act, or infringement of intellectual property rights may be brought in court rather than arbitration.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any legal action or proceeding (other than arbitration as outlined above) shall be brought exclusively in the federal or state courts located in San Francisco County, California, and you consent to personal jurisdiction in these courts.

12. International Users

RozyCam is based in the United States. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with local laws. By using the Service, you consent to the transfer of your information to the United States and other countries for processing and storage as described in our Privacy Policy.

13. Term and Termination

13.1 Term

These Terms commence when you first access the Service and continue in effect until terminated by either party.

13.2 Termination by You

You may terminate your use of the Service at any time by ceasing to use the platform and (if applicable) deleting your account.

13.3 Termination by RozyCam

We reserve the right to suspend or terminate your access to the Service at any time, for any reason, including without limitation if we believe you have violated these Terms or engaged in conduct harmful to other users or RozyCam. Termination may be immediate and without prior notice.

13.4 Effect of Termination

Upon termination:

• Your right to access and use the Service immediately ceases
• Provisions intended to survive termination (including disclaimers, limitations of liability, and dispute resolution) remain in effect
• We may delete your account and any associated data in accordance with our data retention policies

14. Severability and Waiver

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will remain in full force and effect.

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. A waiver of any breach of these Terms is not a waiver of any subsequent breach.

15. Entire Agreement

These Terms, together with our Privacy Policy and Community Guidelines, constitute the entire agreement between you and RozyCam regarding use of the Service, superseding any prior agreements between you and RozyCam relating to your use of the Service.

16. Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice. Any attempted assignment in violation of this provision is void.

17. Force Majeure

RozyCam shall not be liable for any failure to perform its obligations under these Terms where such failure results from circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

18. Contact Information

If you have questions about these Terms, please contact us:

• Email: legal@rozycam.com
• General Inquiries: hello@rozycam.com
• Mailing Address: RozyCam Inc., 123 Innovation Boulevard, Suite 456, San Francisco, CA 94102, United States