RACKOON'S Terms of Service

1. Introduction

Welcome to Rackoon (the "App"), a platform provided by Rackoon ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of the Application and all related services, features, content, and tools (collectively, the "Services"). By accessing or using the App, you ("you" or "your") agree to be bound by these Terms. Please read them carefully. If you do not agree to these Terms, do not access or use the App

2. Description of Services

Rackoon is an online shopping application that allows users to save and organize products from various online shopping platforms and websites for later purchase consideration. The App facilitates the saving of product information, including but not limited to product name, price, image, URL, and associated retailer. Please note: Rackoon does not directly sell or process payments for any products. All purchases are made directly through the respective retailers' websites.

3. User Accounts

• Eligibility: To use certain features of the App, you may need to create an account. You must be at least 13 years of age (or the applicable age of majority in your jurisdiction) to create an account. By creating an account, you represent and warrant that you meet these eligibility requirements.
• Account Information: You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You are also responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
• Account Accuracy: You agree to provide accurate and complete information when creating your account and to keep your information updated.
• Account Termination:We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to your violation of these Terms.

4. User Content

• Your Content: You are solely responsible for any content you save or submit to the App, including product links, images, descriptions, and comments ("User Content"). You represent and warrant that you have all necessary rights to your User Content and that your User Content does not infringe on the intellectual property rights or other rights of any third party.
• Our Rights: By saving or submitting User Content to the App, you grant us a non-exclusive, royaltyfree, worldwide, perpetual, irrevocable license to use, reproduce, modify, distribute, and display your User Content in connection with the operation and promotion of the App.
• Content Restrictions: You agree not to save or submit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. You also agree not to save or submit any User Content that promotes illegal activities or violates any applicable laws or regulations.
• Content Monitoring:We have the right, but not the obligation, to monitor User Content and to remove or disable any User Content that we believe violates these Terms or is otherwise harmful.

5. Intellectual Property

• Our Content: All content on the platform, including but not limited to text, graphics, logos, trademarks, and software, is the property of [Rackoon] or its licensors and is protected by copyright and other intellectual property laws.
• Your Use: You may not use any content from the platform without our prior written consent. You may not modify, reproduce, distribute, or create derivative works based on any content from the platform.

6. Third-Party Links and Retailers

• Third-Party Links: The App may contain links to third-party websites or services, including online retailers. We are not responsible for the content, accuracy, or availability of these third-party websites or services. Your interactions with these third parties are solely between you and them.
• Retailer Relationships: Rackoon is not affiliated with or endorsed by any specific online retailer unless explicitly stated. We do not guarantee the availability, price, or quality of any products listed on the App. Any purchase you make is solely between you and the respective retailer.
• No Liability for Retailer Actions: We are not liable for any issues you may encounter with third-party retailers, including but not limited to shipping delays, product defects, or customer service issues.

7. Disclaimer of Warranties

THE APP AND SERVICES ARE PROVIDED "AS IS" AND AS "AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION ON THE APP. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE APP OR SERVICES WILL NOT EXCEED $500.

9. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, liabilities, and expenses (including attorneys' fees) arising out of or related to your use of the App or Services, your User Content, or your breach of these Terms.

10. Governing Law

These Terms will be governed by and construed in accordance with the laws of Dallas, TX, without regard to its conflict of law principles.

11. Dispute Resolution

Any disputes arising out of or related to these Terms or your use of the Platform or Services will be resolved through binding arbitration in Dallas, TX.

12. Changes to these Terms

We may update these Terms from time to time. We will post any changes on the Platform and notify you as required by law. Your continued use of the App following the posting of such changes constitutes your acceptance of the revised Terms

13. Entire Agreement

These Terms constitute the entire agreement between you and us regarding your use of the App and Services and supersede all prior agreements and understandings.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15. Contact Us

If you have any questions about these Terms, please contact us at: [email protected]

16. Assignment

You may not assign these Terms or your rights under these Terms without our prior written consent. We may assign these Terms or our rights under these Terms at any time.

17. Waiver

Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision.

18. Termination

We may terminate these Terms or your access to the App or Services at any time, with or without notice, for any reason, including but not limited to your violation of these Terms.

19. International Use

If you are accessing the App from outside the States, you are responsible for complying with all applicable local laws and regulations.

20. Specific Disclaimers Related to Product Information:

While we strive to provide accurate product information, we do not guarantee the accuracy, completeness, or timeliness of such information. Product details, including price and availability, are subject to change without notice by the respective retailers. We are not responsible for any discrepancies between the information displayed on the App and the information displayed on the retailer's website. Always verify product details with the retailer before making a purchase. We do not endorse any specific products or retailers and when we do, it will be stated explicitly.

This comprehensive Terms and Conditions agreement is designed to be transparent and protect both the user and the company. It's crucial to review this document carefully before using the app. If you have any questions or concerns, please contact us.