Terms of Service

By accessing or using the Service, clicking to accept, or otherwise indicating agreement, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization, and "you" refers to that organization. If you do not agree, do not use the Service.

These Terms contain a binding arbitration provision and a class-action waiver in Section 15 that affect how disputes are resolved. Please read them carefully.

You must be at least 18 years old and capable of forming a binding contract to use the Service. You agree to provide accurate account information and to keep it current. You are responsible for all activity under your account and for maintaining the security of your credentials and authentication methods. Notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms or present a security or legal risk.

The Service lets you connect one or more workspaces and synchronize, store, search, analyze, report on, export, and retain data from those workspaces. We may modify, enhance, or discontinue features from time to time. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription term solely for your internal business purposes and subject to these Terms and any usage limits or plan entitlements.

The Service is an independent product. It is not affiliated with, sponsored by, or endorsed by Roam or its operators, and any third-party names or marks are the property of their respective owners.

"Customer Data" means data you or your users submit to the Service or that the Service synchronizes from a workspace you connect. As between the parties, you retain all rights in Customer Data. You grant us a worldwide, non-exclusive license to host, copy, process, transmit, display, and otherwise use Customer Data solely to provide, secure, and improve the Service and as permitted by our Privacy Policy.

You represent and warrant that:

1. you have all rights, consents, and authority necessary to connect each workspace, to provide the credentials you supply, and to have us process the Customer Data;
2. your provision of credentials and your synchronization, storage, monitoring, recording, and analysis of workspace data — including messages, direct and private conversations, recordings, transcripts, and audit and compliance records — complies with all applicable laws and with the terms of any workspace or third-party service you connect;
3. you have provided all notices and obtained all consents required from your personnel and any other individuals whose information is included in Customer Data; and
4. you will not use the Service to unlawfully surveil, intercept, or monitor communications.

You are solely responsible for the accuracy, legality, and appropriateness of Customer Data and for your use of any output. You are responsible for maintaining your own backups; the Service is not a system of record.

You agree not to, and not to permit any user or third party to:

• use the Service in violation of any law, regulation, or third-party right, including privacy, employment, wiretapping, or communications-surveillance laws;
• access data you are not authorized to access, or use the Service to harass, discriminate against, or unlawfully monitor any person;
• reverse engineer, decompile, or attempt to derive source code, or copy, modify, or create derivative works of the Service except as permitted by law;
• resell, sublicense, or provide the Service to third parties as a service bureau, or use it to build a competing product;
• probe, scan, or test the vulnerability of the Service, breach security or authentication, or circumvent usage limits or rate limits;
• introduce malware, interfere with or disrupt the integrity or performance of the Service, or impose an unreasonable load on our infrastructure;
• remove proprietary notices or misrepresent your affiliation.

We may investigate suspected violations and suspend access to protect the Service, our users, or third parties.

The Service interoperates with third-party products, including the workspaces and APIs you connect and providers used for authentication. Your use of third-party products is governed by their terms, and we are not responsible for them. Third parties may change, deprecate, or restrict their APIs, which may affect the Service. You are responsible for maintaining any third-party accounts and credentials and for complying with their terms and rate limits.

Certain plans or features may require payment. Fees, billing frequency, and plan entitlements are as presented at purchase. Unless stated otherwise, fees are quoted exclusive of taxes, are payable in advance, and are non-refundable except as required by law. We may change fees prospectively upon notice effective at your next renewal. If payment fails or is overdue, we may suspend the Service. You authorize us and our payment processor to charge your payment method for applicable fees.

The Service, including all software, interfaces, content, and trademarks (excluding Customer Data and third-party marks), is owned by us or our licensors and is protected by intellectual-property laws. Except for the limited rights expressly granted in these Terms, we reserve all rights, title, and interest in and to the Service. Any open-source components are licensed under their respective licenses, which control to the extent of any conflict.

If you provide suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate it without restriction or obligation to you.

Each party may access the other's confidential information in connection with the Service. The receiving party will use it only to perform under these Terms, protect it with reasonable care, and not disclose it except to personnel and advisors bound by confidentiality obligations. This section does not apply to information that is public through no fault of the receiving party, independently developed, or rightfully received from a third party, and does not restrict disclosures required by law.

These Terms apply while you use the Service. You may stop using the Service and close your account at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, fail to pay, create risk or legal exposure, or if we discontinue the Service. Upon termination, your right to use the Service ends and we may delete Customer Data after a reasonable period, except where retention is required by law. Sections that by their nature should survive termination will survive, including Sections 4, 8–10 and 12–18.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DATA WILL BE ACCURATE OR COMPLETE, OR THAT ANALYSES OR OUTPUTS ARE SUITABLE FOR ANY PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR DECISIONS MADE USING THE SERVICE AND FOR COMPLIANCE OBLIGATIONS APPLICABLE TO YOUR DATA. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND FORM THE BASIS OF THE BARGAIN. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME MAY NOT APPLY TO YOU.

You will defend, indemnify, and hold harmless Control Roam and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your Customer Data or your provision of credentials; (b) your use of the Service in violation of these Terms or applicable law; (c) your violation of any third-party right, including privacy, employment, or communications-surveillance laws; or (d) your breach of the representations in Section 4. We will provide notice of the claim and may participate in the defense with counsel of our choosing.

Please read this section carefully — it affects your legal rights. Except for claims that may be brought in small-claims court or for injunctive relief to protect intellectual-property or confidentiality rights, you and we agree to resolve any dispute arising out of or relating to the Service or these Terms through final and binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules. The arbitration will be conducted in the English language and seated in the venue specified in Section 16, or by videoconference where available.

Class-action waiver. You and we agree that each may bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding.

Before initiating arbitration, the parties will attempt in good faith to resolve the dispute informally by written notice for at least thirty (30) days. If any part of this section is found unenforceable, the remainder will continue to apply, except that if the class-action waiver is found unenforceable as to a particular claim, that claim will proceed in court.

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, and excluding the U.N. Convention on Contracts for the International Sale of Goods. Subject to Section 15, the parties consent to the exclusive jurisdiction and venue of the state or federal courts located in Delaware for any dispute not subject to arbitration.

We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date and, where appropriate, provide additional notice. Changes are effective when posted unless stated otherwise. Your continued use of the Service after changes take effect constitutes acceptance. If you do not agree, you must stop using the Service.

These Terms, together with the Privacy Policy and any order or plan terms, are the entire agreement between you and us regarding the Service and supersede prior agreements on the subject. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Nothing creates a partnership, agency, or employment relationship. We are not liable for any delay or failure due to causes beyond our reasonable control. Notices to us should be sent to legal@controlroam.com.

Questions about these Terms? Contact legal@controlroam.com or write to Control Roam, Legal Department (address available on request).