Terms of Service for The Third Mind (第三思维)
Last Updated: July 15, 2025
Welcome to The Third Mind (第三思维)! These Terms of Service ("Terms") govern your access to and use of our website located at the-third-mind.com ("Website"), and any related services (collectively, the "Service") provided by RokaByte LLC ("RokaByte," "we," "us," or "our").
PLEASE READ THESE TERMS CAREFULLY. BY CREATING AN ACCOUNT, ACCESSING, BROWSING, OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY (INCORPORATED HEREIN BY REFERENCE). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.
1. Acceptance of Terms
By accessing or using The Third Mind, you confirm that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are accessing or using the Service on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms, and you still affirm you are 18 years of age or older. The Service is not intended for and should not be used by individuals under the age of 18.
2. License to Use the Service
Scope of License
The Service is licensed, not sold, to you. Subject to your compliance with these Terms, RokaByte grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal educational and internal business purposes. This license does not grant you the right to resell or commercially distribute the RokaByte Content itself.
License Restrictions
Except as expressly permitted in these Terms, you may not: (i) distribute or make the Service available over a network where it could be used by multiple devices at the same time; (ii) transfer, redistribute or sublicense the Service; (iii) copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law); or (iv) copy, reproduce, republish, upload, post, transmit, or distribute in any way any RokaByte Content, except as expressly authorized by us in writing.
3. Service Description
The Third Mind is a learning community platform (the "Service") offering various resources and functionalities designed to help users enhance their skills, particularly in areas like AI. The Service provides:
- RokaByte Content: All materials, data, and information provided by RokaByte through the Service, including but not limited to all text, graphics, images, logos, video, audio, software, and other works of authorship. "RokaByte Content" includes, more specifically:
- Learning Content: A subset of RokaByte Content designed for educational purposes, such as articles, video tutorials, structured lessons, and projects.
- Community Interaction: Features for users to post comments and engage with content.
The specific features, tools, and functionalities offered through the Service are dynamic and may be modified, added to, or removed at RokaByte's sole discretion as the Service evolves. The Service may utilize artificial intelligence and rely on third-party AI models and cloud infrastructure to deliver certain functionalities, as further detailed in Section 7 (Artificial Intelligence Features).
4. Account Registration and Security
Account Creation
To use certain features of The Third Mind, you must register for an account using your email address. For each login attempt, a passwordless login link will be sent to your email. You agree to provide accurate, current, and complete information during the registration process. No passwords are stored or required for your account.
Account Responsibility
You are responsible for safeguarding your account access, including the security of your email account used for login. You are solely responsible for all activities that occur under your account, whether or not you have authorized such activities. You agree to notify us immediately of any unauthorized use of your account.
5. User Tiers and Memberships
The Third Mind offers different tiers of service:
- Free Access: Access to publicly available content and basic community interaction features. Certain content is exclusively accessible to logged-in users.
- Paid Membership: Access to premium content, enhanced features, or higher usage limits. Paid Membership requires a subscription, available on a monthly or annual basis.
- Billing: Membership fees are billed in advance on a recurring basis. You authorize us to charge your selected payment method. Specific payment processing details will be provided at the point of purchase.
- Auto-Renewal: Your Paid Membership will automatically renew at the end of each billing cycle unless you cancel it through your account settings before the renewal date.
- Price Changes: RokaByte reserves the right to change membership fees. We will provide you with at least thirty (30) days' advance notice of any fee changes. Your continued use of the Paid Membership after a fee change constitutes your agreement to the new fee.
- Cancellations: You may cancel your Paid Membership at any time. Cancellations will take effect at the end of your current billing period. You will retain access until then.
- No Refunds: Membership fees are non-refundable, except as required by applicable law. No refunds or credits will be provided for partial membership periods, unused service, or if your account is terminated due to a violation of these Terms. This no-refund policy applies to the maximum extent permitted by applicable law.
- Promotions: We may offer promotional discounts. Any specific terms related to promotions will be disclosed at the time of the offer.
6. User Content and Intellectual Property
Your Content
You retain ownership of the comments, project submissions, and other content you create, input, or upload to The Third Mind ("User Content").
User Warranties:
You represent and warrant that: a. You own or have all necessary licenses, rights, consents, and permissions to submit your User Content and to grant the rights granted herein; b. Your User Content, and RokaByte's use of such User Content as contemplated by these Terms, will not infringe, misappropriate, or violate any third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and c. Your User Content complies with these Terms and all applicable laws.
License to RokaByte for User Content
By using The Third Mind, you grant RokaByte a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content solely for the purposes of operating, providing, improving, developing, and promoting the Service. This includes, for publicly posted comments, the right to display them on the Website for other users to see. If the Service incorporates AI functionalities, this may also involve sending your User Content to and processing by third-party AI service providers. RokaByte itself does not use your identifiable User Content to train its own proprietary AI models (if any). The use of your User Content by such third-party AI providers, including for their own purposes like model training, is governed entirely by their respective terms and privacy policies, which may change over time and are not controlled by RokaByte. We encourage you to review the terms and policies of these providers, which are further detailed in Section 7 and in our Privacy Policy. Aggregated and anonymized User Content may be used by RokaByte for analytical purposes and to improve the Service, subject to our Privacy Policy.
AI-Generated Content
Content generated by the Service's artificial intelligence features based on your User Content or prompts is referred to as "AI-Generated Content." Specific terms regarding AI-Generated Content are detailed in Section 7 (Artificial Intelligence Features).
RokaByte's Intellectual Property
The Service, including its "look and feel" (e.g., text, graphics, images, logos, and design elements), learning content (as defined in Section 3), proprietary software, AI models (to the extent owned by or licensed to us directly, distinct from third-party provider models), and all intellectual property rights therein, are and will remain the exclusive property of RokaByte LLC and its licensors. All RokaByte Content is protected by copyright and other intellectual property laws. Except as expressly permitted in these Terms, you may not:
- Reproduce, distribute, publicly display, or publicly perform any of the RokaByte Content.
- Create derivative works from the RokaByte Content.
- Share, post, or otherwise make available any premium or members-only RokaByte Content to any third party.
- Use any of the RokaByte Content for any commercial purpose without our express written consent.
You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service.
Feedback
If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant RokaByte an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
7. Artificial Intelligence Features
The Service may incorporate artificial intelligence ("AI") and large language model ("LLM") technologies, often from third-party providers, to offer various features, such as the provision of AI Prompts. You acknowledge and agree to the following:
- Nature of AI: AI and LLM technologies are experimental and constantly evolving. The performance, capabilities, accuracy, and limitations of AI features within the Service may change over time, sometimes without notice.
- AI-Generated Content:
- License: Subject to your compliance with these Terms, RokaByte grants you a license to use the AI-Generated Content created for you through the Service for your personal or internal business purposes.
- No Exclusivity: AI-Generated Content may be similar or identical to content generated for other users, and you do not obtain exclusive rights to such content.
- Accuracy and Reliability: AI-Generated Content may contain inaccuracies, errors, biases, or inconsistencies and may produce unexpected or offensive outputs. It is provided for informational and creative purposes only. ROKABYTE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR SUITABILITY OF ANY AI-GENERATED CONTENT.
- User Responsibility: You are solely responsible for evaluating, validating, and verifying any AI-Generated Content before relying on or using it. You should not rely on AI-Generated Content for critical decisions, or for professional, legal, medical, financial, or other specialized guidance without independent verification.
- No Liability: RokaByte disclaims all liability for any actions you take or decisions you make based on AI-Generated Content. Your use of AI-Generated Content is at your own risk.
- Disclosure: If you choose to publish or share AI-Generated Content outside of the Service, we encourage you to disclose its AI-assisted origin where appropriate and in accordance with responsible AI practices.
- Third-Party AI Providers and Their Terms:
- To provide certain AI-powered features, The Third Mind may send relevant User Content to, and process it through, third-party AI service providers. Your use of these AI features means you are also subject to the terms and conditions of these providers.
- For example, we may utilize Google Gemini API. Their terms of service can be found at: https://ai.google.dev/gemini-api/terms (or any successor URL Google may provide).
- Data Handling by Third Parties: The data handling practices of any third-party AI provider (including for AI model training) are governed by their terms and privacy policies, not RokaByte's. As detailed in our Privacy Policy, their terms for specific paid services (as of our last review) may state that your content is not used to improve their general AI models.
- Terms Subject to Change and Your Responsibility: These third-party terms are subject to change by the respective providers at any time, and RokaByte does not control and is not responsible for the practices or terms of Google or any other third-party AI provider. We encourage you to review their terms and policies directly and regularly.
- Future Providers: If we integrate other key third-party AI providers for core functionalities in the future, we will endeavor to update this section or direct you to our Privacy Policy for such information.
8. Acceptable Use and Prohibited Conduct
You agree not to:
- Use the Service for any illegal or unauthorized purpose, or in violation of any applicable laws (including but not limited to copyright, privacy, and export control laws).
- Input, upload, generate, or share 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.
- Post comments that are inappropriate (e.g., spam, unauthorized advertisements, hateful content, irrelevant posts, personal attacks). The website administration reserves the right to remove such comments at its sole discretion.
- Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Service or its AI components, except to the extent that such activities are expressly permitted by applicable law.
- Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
- Attempt to gain unauthorized access to the Service, other users' accounts, or our computer systems or networks.
- Transmit any worms, viruses, trojan horses, malware, or any code of a destructive or disruptive nature.
- Attempt to circumvent any usage limits, security measures, or access restrictions of the Service, including those for logged-in or paid membership content.
- Use the Service, its outputs, or any AI-Generated Content to develop, train, or improve any machine learning models or related artificial intelligence technology, whether your own or a third party's.
- Use the Service to develop a competing product or service.
- Share your account credentials or otherwise provide access to your account to any other person, especially for the purpose of allowing them to access members-only content.
- Systematically download, copy, or store any of the RokaByte Content, whether manually or through automated means (such as bots, spiders, or scrapers), to create a collection, compilation, database, or directory without our express written permission.
- Record, screenshot, or otherwise capture and distribute any video content, tutorials, or live sessions provided as part of the Service.
- Scrape, data mine, or extract data from the Service in a way that is not intended or permitted.
- Exceed the usage limits applicable to your account tier or membership.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Use the Service to generate spam, unsolicited messages, or content that promotes harmful activities or disinformation.
- Engage in any other conduct that RokaByte, in its sole discretion, deems to be disruptive, harmful, or otherwise in violation of these Terms or the spirit of the Service.
9. Third-Party Services and Content (Non-AI)
Beyond the AI providers covered in Section 7 and detailed in our Privacy Policy, The Third Mind may integrate with or rely on other third-party services, including but not limited to:
- Cloud hosting and database services (e.g., DigitalOcean).
- Authentication services (email-based passwordless login).
- Payment processing for memberships.
Your use of these third-party services is at your own risk and may be subject to their respective terms and privacy policies. RokaByte is not responsible for the practices, content, or availability of these third-party services.
10. Service Availability and Maintenance
RokaByte will use reasonable efforts to keep the Service operational. However, you acknowledge and agree that the Service may be subject to temporary interruptions or periods of unavailability due to maintenance (whether scheduled or emergency), repairs, updates, upgrades, network or equipment failures, or other causes beyond or within our reasonable control. We reserve the right to suspend, discontinue, modify, or limit access to the Service or any part of it, with or without notice, at any time and for any reason, including but not limited to, for conducting maintenance, implementing updates or upgrades, addressing security concerns, or improving the Service. You agree that RokaByte will not be liable to you or to any third party for any modification, suspension, discontinuance, or limitation of the Service, or any loss of data or User Content resulting therefrom, except as may be expressly agreed by RokaByte in writing or as strictly required by applicable law. Generally, no refunds or credits will be offered for any Service interruptions, downtime, or unavailability, including those resulting from maintenance, technical issues, or Service modifications. This applies whether such interruptions are scheduled or unscheduled, and regardless of their duration, to the maximum extent permitted by applicable law. Notwithstanding the foregoing, for paying members, in the event of a significant, prolonged, and material paid-service interruption that is directly and solely attributable to RokaByte's fault (and not due to factors outside our reasonable control, your actions, or third-party service failures impacting the broader internet or our essential suppliers), RokaByte may, at its sole discretion, consider providing a pro-rata credit or refund for the unused portion of the affected membership period. Any such consideration will be determined on a case-by-case basis. Nothing in this section shall be deemed to limit any mandatory refund rights you may have under applicable consumer protection laws.
11. Abuse Detection and Service Discontinuation
RokaByte monitors for abuse of the Service, including inappropriate comments and violations of these Terms. We reserve the right to investigate suspected violations of these Terms. We may suspend or terminate your access to the Service immediately, without prior notice or liability, if we determine, in our sole discretion, that you have violated these Terms, abused the Service, or engaged in any conduct that we deem harmful to the Service, other users, or our interests. This includes, but is not limited to, the removal of any User Content (such as comments) that violates these Terms.
12. Account Deactivation and Data Deletion
Inactive Accounts
RokaByte reserves the right to deactivate and delete accounts that have been inactive for a continuous period of twelve (12) months. An account is deemed inactive if you have not logged in during that period. We will attempt to notify you via your registered email address at least thirty (30) days before deleting an inactive account.
Termination by You
You may terminate your account at any time by contacting us as specified in the "Contact Us" section or, if available, through account settings.
Effect of Termination
Upon termination, your right to use the Service and all licenses granted to you by RokaByte hereunder will immediately cease. Except as may be required by applicable law or as expressly stated in our Privacy Policy, RokaByte will have no obligation to maintain or provide you with access to your User Content or other account data after termination, and we may delete your User Content and other account data in accordance with our Privacy Policy and data retention practices. RokaByte is not responsible for any loss of data resulting from account termination.
Survival
Provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Disclaimers of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
ROKABYTE DOES NOT WARRANT THAT:
A. THE SERVICE WILL BE SECURE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; B. ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR C. THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
(FOR SPECIFIC DISCLAIMERS RELATED TO AI-GENERATED CONTENT, PLEASE SEE SECTION 7: ARTIFICIAL INTELLIGENCE FEATURES).
THE THIRD MIND IS NOT A BACKUP SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUPS OF YOUR USER CONTENT.
THE SERVICE IS NOT INTENDED FOR USE IN OR IN CONNECTION WITH ANY HIGH-RISK ACTIVITIES OR ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SERVICE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH-RISK ACTIVITIES"). YOU AGREE NOT TO USE THE SERVICE FOR OR IN CONNECTION WITH ANY HIGH-RISK ACTIVITIES.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROKABYTE LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ROKABYTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
A. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; B. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING AI-GENERATED CONTENT AND USER COMMENTS; C. ANY USER CONTENT OBTAINED FROM THE SERVICE; D. UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT; OR E. ANY OTHER MATTER RELATING TO THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL ROKABYTE'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF (I) ONE HUNDRED U.S. DOLLARS ($100.00) OR (II) THE AMOUNTS PAID BY YOU TO ROKABYTE FOR USE OF A PAID MEMBERSHIP OF THE SERVICE IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. Indemnification
You agree to defend, indemnify, and hold harmless RokaByte LLC and its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; (d) any claim that your User Content (including comments) caused damage to a third party or infringed any third party's intellectual property rights; or (e) your use of AI-Generated Content in violation of these Terms or applicable law. This defense and indemnification obligation will survive these Terms and your use of the Service.
16. Copyright Infringement (DMCA Policy)
RokaByte respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we will respond expeditiously to claims of copyright infringement committed using the Service that are reported to our Designated Copyright Agent. If you are a copyright owner, or are authorized to act on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected] with the subject line: "DMCA Takedown Request" and include in your claim a detailed description of the alleged infringement as required by the DMCA.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any content is infringing your copyright. RokaByte reserves the right to terminate the accounts of repeat infringers.
17. Governing Law and Dispute Resolution
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 principles.
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Jose, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
YOU AND ROKABYTE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
18. U.S. Government Restricted Rights
If you are a U.S. government entity, our Service is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. government is subject to restrictions as set forth in FAR 52.227-19 (Commercial Computer Software - Restricted Rights) and DFARS 227.7202 (Rights in Commercial Computer Software or Commercial Computer Software Documentation).
19. Export Compliance and Restrictions
You acknowledge and agree that your use of the Service is subject to all applicable export and re-export control laws and regulations, including those of the United States and the jurisdiction from which you access the Service. You are solely responsible for complying with these laws. In particular, you must not export or re-export the Service to (a) any country or territory subject to a U.S. Government embargo, or (b) any individual or entity on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce’s Denied Persons or Entity Lists. By using the Service, you affirmatively represent and warrant that you are not located in any such embargoed country and that your name does not appear on any such government list of restricted parties. Furthermore, you agree that you will not use the Service for any purpose prohibited by United States law, including but not limited to the development, design, manufacture, or production of nuclear, missile, chemical, or biological weapons.
20. Changes to Terms
RokaByte reserves the right, at its sole discretion, to modify or replace these Terms at any time. If we make changes we determine to be material, we will endeavor to notify you before such changes become effective. Notification methods may include updating the "Last Updated" date at the top of these Terms, providing notice through the Service (such as a pop-up or announcement), or, where we deem it appropriate for significant changes or if required by applicable law, by sending a notification to your registered email address. The timing and method of notice will be at our reasonable discretion, taking into account the nature of the changes and applicable legal requirements. It is your responsibility to review these Terms periodically for changes. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
21. Miscellaneous
- Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and RokaByte concerning the Service and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic).
- Severability: 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 these Terms will otherwise remain in full force and effect and enforceable.
- No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and RokaByte's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RokaByte without restriction.
- Headings: The section titles in these Terms are for convenience only and have no legal or contractual effect.
- Force Majeure: RokaByte shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond RokaByte's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
- No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
22. Contact Us
If you have any questions about these Terms, please contact us at:
RokaByte LLC
Email: [email protected]