1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and EchoTrail Ventures, Ltd. dba Rocky Raccoon ("Rocky Raccoon," "we," "us," or "our") governing your access to and use of the Rocky Raccoon website, applications, and AI-powered services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Eligibility

You must be at least 18 years of age to use our Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Description of Services

Rocky Raccoon provides an AI-powered assistant designed to help users understand and analyze computer processes, executable files, and security-related questions. The Services use artificial intelligence and machine learning technologies to generate responses to user queries based on process behavior data.

4. AI Output Disclaimer

You acknowledge and agree that:

AI-generated outputs ("Outputs") may contain inaccuracies, errors, or omissions and should not be relied upon as the sole source of truth or factual information.
Outputs are not a substitute for professional cybersecurity advice, IT support, or expert consultation. You should independently verify any information before taking action.
Rocky Raccoon does not guarantee the accuracy, completeness, reliability, or suitability of any Output for any particular purpose.
Any use of Outputs is at your sole risk. You are responsible for evaluating the accuracy and usefulness of any Output.

5. User Responsibilities

You agree to:

Provide accurate information when creating an account or using the Services.
Maintain the security of your account credentials and not share them with others.
Accept responsibility for all activity that occurs under your account.
Use the Services in compliance with all applicable laws and regulations, including export control laws.
Not submit any content that you do not have the right to share.

6. Prohibited Uses

You may not use the Services to:

Violate any applicable laws, regulations, or third-party rights.
Engage in any illegal activity or facilitate unauthorized access to computer systems.
Create, distribute, or deploy malware, viruses, or other harmful code.
Reverse engineer, decompile, or attempt to extract the source code of the Services.
Build competing products or services, or train competing AI models using our Services.
Access the Services through automated means (bots, scrapers) without our permission.
Circumvent any security measures or access controls.
Harass, abuse, or harm others, or engage in fraudulent or deceptive conduct.
Infringe upon intellectual property rights of Rocky Raccoon or third parties.

To report misuse or violations of these Terms, please contact us at abuse@rockyraccoon.io.

7. Credits and Payment

The Services use a credits-based billing model. You may purchase credits to use the Services.

Non-Refundable: All credit purchases are final and non-refundable, except where required by applicable law.
Expiration: Credits expire twelve (12) months from the date of purchase. Credits are consumed on a first-in, first-out (FIFO) basis, meaning the oldest credits are used first. Expired credits are forfeited and cannot be restored or refunded.
Account Termination: If your account is terminated for violation of these Terms, any remaining credits are forfeited. If we terminate your account without cause, we will refund the value of unused, unexpired credits.
Service Discontinuation: If we discontinue the Services, any remaining credits are forfeited. We will provide reasonable notice before discontinuation so you can use your remaining credits.
Pricing Changes: We reserve the right to change credit pricing at any time. Price changes do not affect credits already purchased.
Free Credits: Promotional or free credits are subject to the same 12-month expiration policy and may be subject to additional terms.

8. Intellectual Property

Your Content: You retain ownership of any content you submit to the Services ("Input"). By submitting Input, you grant us a license to use it to provide and improve the Services.

Outputs: Subject to your compliance with these Terms, we assign to you our rights, if any, in Outputs generated for you. You are responsible for ensuring your use of Outputs complies with applicable laws.

Our Services: The Services, including all software, designs, text, graphics, and other content (excluding your Input and Outputs), are owned by Rocky Raccoon and protected by intellectual property laws.

Feedback: If you provide feedback or suggestions about the Services, you grant us an unrestricted, perpetual, irrevocable license to use that feedback without compensation or attribution.

9. Disclaimer of Warranties

THE SERVICES AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ROCKY RACCOON AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

11. Indemnification

You agree to indemnify, defend, and hold harmless Rocky Raccoon and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your Input or any actions taken based on Outputs.

12. Modification and Discontinuation of Services

We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

13. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property, disclaimers, limitations of liability, and indemnification.

14. Dispute Resolution

Informal Resolution: Before filing any formal legal action, you agree to first contact us and attempt to resolve the dispute informally for at least 30 days.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict of law principles.

Jurisdiction: Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Jefferson County, Colorado, and you consent to the personal jurisdiction of such courts.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. Changes to Terms

We may modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on our website with a new "Last updated" date. Your continued use of the Services after any changes constitutes acceptance of the new Terms.

16. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Rocky Raccoon regarding the Services and supersede all prior agreements and understandings.

Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Force Majeure: We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, power failures, internet outages, or government actions.

Assignment: You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

17. Contact Us

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

EchoTrail Ventures, Ltd. dba Rocky Raccoon
Colorado, United States
Email: legal@rockyraccoon.io

To report abuse or violations: abuse@rockyraccoon.io