These Terms of Service—together with the other documents referenced and linked below (collectively, the
“Agreement”)— describe your rights and responsibilities concerning your use of the websites located at
servicerocket.com and learndot.com) and your receipt of other services from ServiceRocket Inc. and its
related entities and affiliates, including without limitation, ServiceRocket Pty Ltd and ServiceRocket
Global Inc., (collectively referred to as “ServiceRocket”).
Last revised February 10, 2015
1. Operator and Provider
The website located at www.ServiceRocket.com (the “Website”) and all associated services are provided
by ServiceRocket. ServiceRocket can be contacted at 2741 Middlefield Road, Ste. 200, Palo Alto, CA
94306 USA. Questions about our Website, or regarding your rights and responsibilities under this
Agreement, can be directed to firstname.lastname@example.org or contacting us via the Contact Page on the
In this Agreement, the terms “we”, “our”, “us” and “ServiceRocket” refer to ServiceRocket Inc. and its
related entities and affiliates.
2. Modifications and Updates to This Agreement and Conditions
We reserve the right to unilaterally update or modify (collectively “change”) this Agreement at any time
and from time to time. We will notify you of any changes to this Agreement by posting notice of such
changes on the Website or sending notice to you via email. You agree that ServiceRocket has this right, and
that your continued use of the Website or other use or receipt of ServiceRocket services following notice of
such change means that you agree to and accept the amendments. If you do not agree, you must
immediately stop using the Website and the services, and notify us that you are terminating this Agreement.
However, changes made to this Agreement will not apply to you to the extent that (i) the changes concern
matters which are the subject of an actual dispute between you and ServiceRocket as of the date the
changes take effect and (ii) ServiceRocket has actual notice of the dispute as of the date the changes take
3. Other Terms
You understand and acknowledge that your use of the Website and your receipt of our services is also
to the collection, use and disclosure of your personal information by us and/or third parties in accordance
provided by us will also be subject to such other policies and procedures as may be conveyed to you by us
form part of your Agreement with ServiceRocket. Finally, the Website provides links to ServiceRocket’s
and/or third-party services and websites (collectively and individually, “External Services”). Use of certain
External Services requires you to accept additional terms of service.
4. Account Eligibility
You may sign up for a ServiceRocket Account (TrainingRocket Account and/or a Learndot Account) and
use ServiceRocket’s services only if:
1. (a) you can lawfully enter into and form contracts in accordance with local laws;
2. (b) you are at least 13 years of age; and
3. (c) you wish to receive services as provided by ServiceRocket.
5. Account Sign-Up
At sign-up, you will be asked to provide your name, email address and related information as set out on the
We reserve the right to refuse to permit the opening of an account, or the provision of service, or cancel the
foregoing, to anyone at any time for any reason.
Your account will be accessed through a user ID and password that you will create (your “Credentials”).
Your Credentials are solely for your use. You are responsible for maintaining the confidentiality of your
Credentials and you are fully and solely responsible for all activities that occur under your Credentials,
whether authorized by you or not. It is your responsibility to take adequate precautions with your
Credentials and to immediately notify ServiceRocket of any unauthorized use of your Credentials.
6. Uploaded Data and Other Content
Your own text, images, audiovisual media and any other form of intellectual property, including the data,
ideas, inventions, designs, patterns and processes in such material (collectively, “Content”) that you post on
or through the Website belongs to you and you may use it in any other way without restriction. But by
using the Website, you are granting ServiceRocket and certain third parties permission to use your Content
as described in this Agreement.
With respect to the Content, you give ServiceRocket a perpetual, irrevocable, worldwide, royalty-free, sub-
licensable and transferable non-exclusive license to use, reproduce, adapt, modify, create derivative works
of, translate, publish, rent, lend, share, communicate by telecommunication, publicly perform, publicly
display and distribute your Content without notice or compensation to you. This license includes, without
limitation, the right for us to repurpose and commercialize the Content in any manner whatsoever.
You understand that posting your Content on the Website is voluntary and is your own original work and/or
you have all necessary rights to disclose the Content and are not violating any rights of any third party.
Further, your posting of the Content does not violate any confidential relationship with any third party.
ServiceRocket may preserve your Content indefinitely and may also disclose such Content to third parties,
without notice to you, if required by law or in the good faith belief that such disclosure is reasonably
necessary to (a) enforce these Terms of Service, or (c) respond to claims that your Content violates the
rights of any third party.
You acknowledge that, although ServiceRocket may monitor or review the quality or nature of Content
from time to time, we are under no obligation to do so, and that we have the right (but not the obligation) to
remove or refuse to publish or otherwise provide access to your Content. Finally, you agree to and hereby
irrevocably waive any and all moral and other non-transferable rights you have in your Content.
Content posted by another person or company on or through the Website belongs to the poster. Except as
expressly permitted in this Agreement, you do not have the right to use, reproduce, create derivative works
of, distribute, publicly perform or publicly display any Content that does not belong to you, other than
viewing of the Content on or through the Website as ServiceRocket may make available.
ServiceRocket owns the Website as a whole, including all computer code, graphics, user interfaces, page
headers, images, footers, links, illustrations, graphics, animations, video clip, multimedia clips, text and
audiovisual content used to provide the Website, and the combination of all the elements on the Website
(the “Material”). The Website as a whole, the computer code of the Website, the user-interface and graphic
elements are all copyrighted works of the Website. Intellectual property laws may protect various other
aspects of the Website including laws of copyright, trademark, service mark, patent and trade secrets.
ServiceRocket owns all right, title and interest in and to the Website. ServiceRocket reserves all rights to
the Website that are not expressly granted to you by this Agreement. By way of example only, and not
limitation, you do not have the right to modify, adapt, translate, or reverse engineer any portion of the
Website and you do not have the right to index or aggregate any portion of the website (either by hand or
by means of a robot, spider, or other device). Nothing in this Agreement will be construed as granting you
any property rights in the Website or to any invention or any patent, copyright, trademark or other
intellectual property right that has been issued, or that may issue, based on the Website.
SERVICEROCKET and LEARNDOT are trademarks and/or trade names of ServiceRocket. All other
company names, brand names, trademarks and logos are the property of their respective owners. Nothing
contained on the Website will be construed as granting any license or right to use any trade-marks (whether
by implication or otherwise), including ServiceRocket’s trademarks, except with the express written
permission of ServiceRocket or such other party that may be the owner thereof.
8. Permitted Use of the Website
You may download, print and store selected portions of the Material provided that you: (a) only use these
copies of the Material for your own personal, non-commercial, educational use; (b) do not copy or in any
way reproduce or post Material (other than your own Content) on any network computer, or broadcast or
redistribute the Material (other than your own Content) in any media or through any other channel; (c) do
not modify or alter the Material (other than your own Content) in any way; and (d) do not delete, obscure or
change any copyright, trademark or other proprietary notice contained in the Material (other than your own
9. Prohibitions and Limitations
Any use of any of the Material (other than your own Content) whether in whole or in part, or of the
Website, is strictly prohibited except only and to the limited extent expressly permitted in this Agreement.
Without limiting the foregoing, you must not frame, mirror, scrape, reverse engineer, deconstruct or mine
any of the Material except with our prior written consent. You may not, whether directly or indirectly, use
any device, software or routine or otherwise interfere or attempt to interfere with the proper working of the
Website. You will not take any action that places a disproportionately large load on the infrastructure of the
You understand that by using any of the Website, the Materials, or the External Services, you may
encounter content that may be deemed to be offensive, indecent, or objectionable, and that content may or
may not be identified as having explicit language, and that the results of any search, following any link or
entering a particular URL may automatically and unintentionally generate links or references to
objectionable material. Accordingly, you agree that such use is at your sole risk and that neither we nor our
agents has any liability to you for content that may be found to be offensive, indecent or objectionable.
Both the Website and certain External Services may display, include, or make available content, data,
information or applications of third parties, or provide links to certain third party web sites, (collectively,
“Accessible Materials”). By using the Website or the External Services, you acknowledge and agree that
neither we nor our agents are responsible for examining or evaluating the content, accuracy, completeness,
reliability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such
Accessible Materials. Neither we nor our agents warrant or endorse and do not assume and will not have
any liability or responsibility to you or any other person for any third-party services, Accessible Materials,
or for any other materials, products or services of third parties.
In addition, External Services and Accessible Materials that may be accessed from, displayed on, or linked
to from the Website are not available in all languages or in all countries or regions. We make no
representation that the Website or any External Services or Accessible Materials are appropriate or
available for use in any particular location. To the extent you choose to use or access the Website, External
Services or Accessible Materials, you do so at your own initiative and are responsible for compliance with
any applicable laws, including but not limited to applicable local laws. We reserve the right to change,
suspend, remove, or disable access to any External Services or Accessible Materials at any time without
notice. In no event will we be liable for the removal of or disabling of access to any such External Services
or Accessible Materials. We may also impose limits on the use of or access to certain External Services, in
any case and without notice or liability.
We may enforce our rights to the fullest extent of the law should you breach any of these terms and
10. Unacceptable Content and/or Behavior
ServiceRocket has the right to remove or block Content from the Website that it determines in its sole
discretion to be in violation of this Agreement, to be unlawful, offensive, threatening, libelous, defamatory,
obscene or otherwise objectionable, that violates any party’s intellectual property or that is detrimental to
the quality or intended spirit of the Website. This includes the subdomain name provided by you for your
account. ServiceRocket also has the right to limit or terminate the use privileges of the account of anyone
who posts such Content or engages in such behavior. If you reasonably believe that any contribution to the
Website made by another user contravenes this Agreement, please notify us at any of the following
addresses depending on the Product you are using: email@example.com,
firstname.lastname@example.org or email@example.com
ServiceRocket will use common sense and business sense regarding Content or behavior allowed on or
through the Website. Examples of unacceptable Content or behavior include:
abuse, harassment, threats, flaming or intimidation of any person or organization;
flooding; i.e., the posting of one message repeatedly in a forum;
engaging in or contributing to any illegal activity or activity that violates others’ rights;
use of derogatory, discriminatory or excessively graphic language;
providing information that is false, misleading or inaccurate;
hacking or modifying the Website or another website to falsely imply an association with
misrepresenting your origins by pretending to be affiliated with an organization with which you
are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated
phishing or transmitting viruses or other malware;
posting links to pornography and other objectionable content;
sending unwanted personal or commercial messages to other users (spamming); and
disclosing personal or proprietary information of another person or organization.
11. Your Representations and Warranties
In uploading or otherwise making Content, you agree, represent and warrant that:
1. (a) all rights in and to the Content are owned by you or you have full authority by way of the
necessary licenses, permissions, waivers and consents to use the Content, and upload the Content
onto the Website for use by us and by other ServiceRocket users for the purposes made possible
by the Website and associated services;
2. (b) the Content do not contain any unlawful, hateful, objectionable, harmful, threatening, abusive,
harassing, offensive, libelous, defamatory, slanderous, immoral, pornographic, indecent or
obscene material, or material that is discriminatory or is otherwise objectionable;
3. (c) the Content do not contain any viruses, worms, time bombs, trojan horses and other harmful or
malicious code, files, scripts, agents or programs;
4. (d) the Content do not advocate or describe any illegal activity, and do not advertise or solicit
funds for goods or services; and
5. (e) the Content and its use as contemplated under this Agreement and otherwise on the Website
will not conflict with or violate any other agreement between you and any other person, firm or
corporation, or any applicable laws (including those relating to intellectual property,
confidentiality, personal, privacy or proprietary rights).
If you download any Content, then you represent and warrant that it will only be used in a manner that:
6. (f) strictly complies with the purposes for which it was uploaded;
7. (g) if the source of that Content is provided, attributes that source, and states the name of the
author (in the case of a copyrightable work), the performer (in the case of a performer’s
performance), the maker (in the case of a sound recording) or the broadcaster (in the case of a
8. (h) is non-commercial; and
9. (i) maintains in the Content, without modification, all copyright, trade-mark, and other proprietary
notices and disclaimers present in the Content.
Finally, you represent and warrant that the Website, External Services and all other services will only be
used by you in accordance with applicable laws, and that you are at least 13 years of age.
12. Cancellation / Termination
ServiceRocket may, at any time and for any reason and in its sole discretion, change, suspend or terminate,
temporarily or permanently, the services or the Website (or any part thereof), or terminate this Agreement,
without any prior notice or liability to you or any other person except as expressly provided in this
Agreement. Without limiting the foregoing ServiceRocket may delete your Content at any time without any
prior notice or liability to you or any other person.
Your rights under this Agreement will terminate automatically without notice from ServiceRocket if you
fail to comply with any term(s) of this Agreement. If this Agreement is terminated by you or ServiceRocket
for any reason, then: (a) this Agreement will nevertheless continue to apply and be binding upon you in
respect of your use of the Website and the services prior to termination; (b) you may be prevented from
accessing the Website and services, your account details, or any files or other content which is contained or
attached to your account; (c) ServiceRocket may continue to use and disclose your personal information in
immediately cease all use of the Website and services.
Together with ServiceRocket, you hereby further acknowledge and agree that in the event of any third party
claim that the Website infringes third party intellectual property rights, ServiceRocket will have the sole
right—but not the responsibility—for the investigation, defense, settlement and discharge of any such
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE, CONTENT,
EXTERNAL SERVICES, ACCESSIBLE MATERIALS AND ALL OTHER SERVICES IS AT YOUR
SOLE RISK, AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE WEBSITE, ACCESSIBLE MATERIALS, THE EXTERNAL SERVICES
AND ALL OTHER SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL
FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SERVICEROCKET HEREBY
DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO
THE WEBSITE, ACCESSIBLE MATERIALS, EXTERNAL SERVICES AND ALL OTHER SERVICES,
EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY
QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET
ENJOYMENT AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SERVICEROCKET
DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE
OR ACCESSIBLE MATERIALS OR EXTERNAL SERVICES, THAT THE FUNCTIONS CONTAINED
IN OR SERVICES PERFORMED BY OR ASSOCIATED WITH THE WEBSITE OR CONTENT WILL
MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE, EXTERNAL
SERVICES OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
DEFECTS IN THE WEBSITE, ACCESSIBLE MATERIALS, EXTERNAL SERVICES, OR SERVICES
WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
SERVICEROCKET OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY.
SHOULD THE WEBSITE, ACCESSIBLE MATERIALS, EXTERNAL SERVICES OR ANY OTHER
SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY
RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY
15. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SERVICEROCKET BE
LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES,
ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE,
ACCESSIBLE MATERIALS, EXTERNAL SERVICES OR ANY OTHER SERVICES, HOWEVER
CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE)
AND EVEN IF SERVICEROCKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR
CERTAIN TYPES OF INJURY OR LOSS (INCLUDING PERSONAL INJURY, OR OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES), SO THIS LIMITATION MAY NOT APPLY TO YOU.
Notwithstanding the foregoing, in no event will ServiceRocket’s total liability to you for all damages (other
than as may be required by applicable law in cases involving personal injury) exceed the amount of US$10.
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You agree to indemnify and save harmless ServiceRocket, our affiliates, and our respective officers,
directors, employees, consultants, representatives, members and agents (in this section, “we” and “us”)
from and against any claim, cause of action, demand, cost, loss, expense or liability, including without
limitation reasonable professional fees, brought against or suffered or incurred by us as a result of your
provision of Content, or your use of the Website, External Services, Accessible Materials or any other
services in breach of this Agreement. Without limiting the foregoing, you assume any and all liability for
Content and Accessible Materials uploaded or downloaded with your account credentials, and you agree to
defend, indemnify and hold us harmless from and against any and all third-party claims, actions,
proceedings, damages and expenses (including without limitation lawyer fees on an attorney- client basis)
and costs, arising out of the breach or alleged breach of a covenant, representation or warranty in this
When we are threatened with a suit or sued by a third party, we may seek written assurances from you
concerning your promise to indemnify us as provided above; your failure to provide those assurances may
be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party
to any claim, suit or action relating to or arising from any services offered by us that is: (a) initiated by you,
which is unsuccessful; or (b) initiated by a third party, who Is suing you; you will reimburse us at a
reasonable rate for all personnel time and expenses expended by us in response to such claim, suit or action
including without limitation, all attorney fees and expenses incurred by us with respect to such response.
This defense and indemnification obligation will survive this Agreement and your cessation of use of
Website or any services.
17. Governing Law and Courts; Timing of Claims
This Agreement and your use of the Website, and all services will be governed by and interpreted
exclusively in accordance with the laws of the state of California, excluding its conflict of laws rules and all
private international laws. You consent and submit to the exclusive jurisdiction of the Courts located in the
State of California in all disputes arising out of or relating to your use of or inability to use the Website, the
services and this Agreement. You agree that any claim or cause of action you may have arising from,
connected with, or relating to this Agreement, the Website or any services must be commenced in a court
of competent jurisdiction in the State of California within six (6) months after the claim or cause of action
arises, after which time the claim or cause of action is forever barred.
The provisions of Sections 3 and 6—23 will survive any termination of the Agreement.
The terms of this Agreement are severable. If any provision of this Agreement is determined to be
unenforceable or invalid, then such provision will be enforced to the fullest extent permitted by applicable
law, and such determination will not affect the validity and enforceability of any other remaining
20. Other Jurisdictions
Use of the Website and consumption of the services is unauthorized in jurisdictions that do not give effect
to this Agreement or where access to or use of Website or the services may be illegal or prohibited. Those
who choose to access the Website or use the services from such locations do so on their own initiative, at
their own risk and are responsible for compliance with local laws, if and to the extent local laws are
No consent or waiver by either party to or of any breach or default by the other party in its performance of
its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a
continuing breach or default or any other breach or default of those or any other obligations of that party.
No consent or waiver will be effective unless in writing and signed by both parties.
The provisions of this Agreement will enure to the benefit of and be binding upon each of ServiceRocket
and its successors and assigns and related persons, and you and your heirs, executors, administrators,
successors, permitted assigns, and personal representatives. You may not assign this Agreement or your
rights and obligations under this Agreement without the express prior written consent of ServiceRocket
which may be withheld in ServiceRocket’s sole discretion. ServiceRocket may assign this Agreement and
its rights and obligations under this Agreement without your consent or notice to you.
23. Entire Agreement
This Agreement, together with those documents incorporated or referred to herein, and any other
agreements constitute the entire agreement between you and ServiceRocket relating to the Website,
Content, Accessible Materials, External Services and the provision of accounts and related services, and
supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the
subject matter, and cannot be amended or modified except by the express and explicit agreement of
ServiceRocket to modify this Agreement in writing, or by ServiceRocket making such amendments or
modifications available to you pursuant to a modification of this Agreement as permitted herein. No
ServiceRocket employee or agent has the authority to vary this Agreement. If there is any conflict between
By signifying your acceptance of this Agreement or making use of any of the Website, you signify your
irrevocable acceptance of this Agreement in effect at the time of your use.