Rosier App Terms of Use, Privacy Policy & Content Guidelines

Effective: March 24, 2024

Last Updated: March 24, 2024

Welcome to Rosier!

These Terms of Use are a binding contract between you and Rosier (“we”, “us”, “our”). It contains the rules and restrictions that govern your use of Rosier's products and services (referred to below simply as “Rosier”). If you have any questions, comments, or concerns regarding these Terms or our products and services, please contact us at getrosierapp@gmail.com.

Using Rosier in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use Rosier. These Terms include everything in this document, as well as those in the Privacy Policy and Content Guidelines (see below). If you don’t agree to all of the following, you may not use or access Rosier in any manner.

You represent and warrant that you are of legal age to form a binding contract (or if not, that you’ve received your parent’s or guardian’s permission to use Rosier and that your parent or guardian agrees to these Terms on your behalf).

If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” throughout this document refer to that organization or entity).

Creating an Account on Rosier

You may be required to sign up for an account and select a password. You promise to provide us with accurate, complete, and up-to-date registration information about yourself.

You agree that you will only use Rosier for your own personal or organizational use, and not on behalf of or for the benefit of any third party. You may not transfer your account to anyone else without our prior written permission.

You may not select as your Rosier account username a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. Rosier reserves the right to refuse registration of or cancel a Rosier account username at its discretion.

Acceptable Use Policy

You are responsible for all your activity in connection with Rosier! Make sure that you use Rosier in a manner that complies with the law. If your use of Rosier is prohibited by applicable laws, then you aren’t authorized to use Rosier. We can’t and won’t be responsible for you using Rosier in a way that breaks the law.

You also agree that you will not upload any information that will be made visible to other users - either in the form of a recorded accomplishment, a prize's content (whether self-created or a gift to others), or a prize idea - or otherwise use Rosier in a manner that:

Is fraudulent or threatening, or in any way violates Rosier's Content Guidelines (see below);

Jeopardizes the security of your Rosier account or anyone else’s (such as allowing someone else to log into Rosier as you, or sharing your account or password with someone);

Attempts, in any manner, to obtain the password, account, or other security information of any other user;

Violates the security of any computer network, or cracks any passwords or security encryption codes;

Runs Maillist, Listserv, any form of auto-responder or “spam” on Rosier, or any processes that run or are activated while you are not logged into Rosier, or that otherwise interferes with the proper working of Rosier (including placing an unreasonable load on Rosier's infrastructure);

“Crawls,” “scrapes,” or “spiders” any page, data, or portion of Rosier (through use of manual or automated means);

Copies or stores any significant portion of the content on Rosier;

Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to Rosier.

Other Users and Third-Parties

Public Posts : Posts posted to Rosier – including recorded accomplishment, prize ideas, and prize content (of gifted or self-created prizes) – are the sole responsibility of the person or organization from whom such content originated. You access all such content at your own risk. We aren’t liable for any errors or omissions in any Post and you hereby release us from any damages or loss you might suffer in connection with a Post.
Other Users on Rosier: Your interactions with organizations and individuals found on or through Rosier, including any terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and individuals. You agree that Rosier shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. We can’t guarantee the identity of any users with access to Rosier and are not responsible for which users gain access to our products and services.

Third-Party Content: Rosier may contain links or connections to third party websites or services that are not owned or controlled by us. Rosier has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites. You release and hold us harmless from any and all liability arising from your use of any third-party website or service.

In the event that you have a dispute with one or more other users of Rosier or with a third party, you release us, our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or Rosier.

Limitation of Liability

To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall Rosier, its licensors, or its suppliers be liable to you or to any other person for:

Any indirect, special, incidental, or consequential damages of any kind, or

Any amount paid and/or payable by you to us in connection with Rosier in the twelve-month period preceding the applicable claim.

No Warranties

Rosier is provided to you on an “as-is” basis. This means we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, warranties of fitness for a particular purpose, non-infringement, or any warranty that the use of Rosier will be uninterrupted or error-free. Accordingly, we do not:

Make any representations or warranties about any content contained in or accessed through Rosier, and we will not be responsible for the accuracy, copyright compliance, legality, or decency of material contained on our products and services.

Make any representations or warranties regarding suggestions or recommendations of products or services offered through Rosier. Products and services purchased or offered through Rosier are provided “as-is” and without any warranty of any kind from Rosier.

Terminating Your Account

Rosier is free to terminate (or suspend access to) your use of Rosier, or your account, for any reason at our discretion. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important Posts you may have uploaded to your account, but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Rosier.

Rosier also allows you to delete your account at any time. If you'd like to delete your account, you can do so by going to 'Notifications' -> click on the 'Settings' icon at the top right corner -> Press the 'Delete account' button located under the 'Sign Out' button in the modal bottom sheet. When you delete your account, any user data associated with that account will also be deleted. However, any Post that has been made public - including recorded accomplishments, prize ideas, and content of prizes whether self-created or gifted to others - may remain available.

You understand and agree that it may not be possible to completely delete your content from Rosier's records or backups, and that your Posts may remain viewable elsewhere to the extent that they were copied or stored by other users. Please refer to our Privacy Policy (see below) to understand how we treat information you provide to us after you have stopped using Rosier.

You agree that some of the obligations in these Terms will be in force even after you terminate your account. All of the following terms will survive termination: any limitations on our liability, any terms regarding ownership or intellectual property rights, terms regarding disputes between us, and any other terms that, by their nature, should survive termination of these Terms.

If you have deleted your account by mistake, contact us immediately at getrosierapp@gmail.com - we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Privacy on Rosier

Rosier takes your privacy very seriously. For the current Rosier Privacy Policy, please see our Privacy Policy (see below).

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children. We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for Rosier or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at getrosierapp@gmail.com.

Changes to Rosier

We’re always trying to improve Rosier, so our products and services may change over time. We may suspend or discontinue any part of Rosier, or we may introduce new features or impose limits on certain features or restrict access to parts or all of Rosier. We’ll try to give you notice when we make a material change to Rosier that would adversely affect you, but this isn’t always possible or practical.

Changes to the Terms

We are constantly trying to improve our products and services, so these Terms may need to change along with Rosier. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the website, by sending you an email, and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use Rosier. If you use Rosier in any way after a change to the Terms is effective and notice has been provided, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

Violations of the Terms

Failure to follow any of these Terms shall constitute a breach of these Terms, which may result in immediate termination of your account. Rosier has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Miscellaneous Terms

The above covers most of the questions that we typically receive about Rosier. We have grouped provisions that come up less frequently below:

Indemnification: To the fullest extent allowed by applicable law, you agree to indemnify and hold Rosier, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of Rosier (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action, we will attempt to provide notice to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment: You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Rosier account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law: These Terms are governed by and will be construed under applicable federal law and the laws of the State of California, without regard to the conflicts of laws provisions thereof.

No Third-Party Beneficiaries: We agree there are no third-party beneficiaries intended under these Terms.

No Joint Venture: You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Rosier, and you do not have any authority of any kind to bind us in any respect whatsoever.

Waiver: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.

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 shall otherwise remain in full force and effect and enforceable.

Entire Agreement: You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.

Effective: March 24, 2024

Last Updated: March 24, 2024

About this Privacy Policy

Rosier knows you care about how your personal information is used and shared, and we take your privacy seriously. This Privacy Policy outlines how we collect, use, and share your personally identifiable information ("Personal Information") through our app. Please read it carefully.

Remember that your use of Rosier is at all times subject to the Terms of Use (see above), which incorporates this Privacy Policy. Any terms we use in this Privacy Policy without defining them have the definitions given to them in the Terms of Use (see above).

What does this Privacy Policy cover?

This Privacy Policy details how we collect, receive, use, store, share, transfer and process your Personal Information. It also describes the choices you have regarding the use of your Personal Information, as well as your rights and how you execute these rights.

Will Rosier ever change this Privacy Policy?

We’re constantly trying to improve our services, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by placing a notice on our site, by sending you an email, and/or by some other means.

Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of Rosier, and you are still responsible for reading and understanding them.

What information does Rosier collect?

We collect and process Personal Information about you when you interact with us and our services, as well as when you subscribe to any of our paid or unpaid services. This may include:

your email address;
any information we collect online from you and maintain in association with your account, such as:
- your username and password;
- any content or data you record or post within the Rosier app, such as accomplishments, harvests, prize redemption history, prize ideas, prizes you create, and prizes you gift to others;
- any interaction you have with other users, such as your friend list, friend requests, gift history, and water history;
- the number of times you use the embedded buttons ('Invite' or 'Share') to take screenshots of the app for sharing with others
- any other information you provide us when communicating with us.

How does Rosier use your Personal Information?

We process this Personal Information as required by Rosier to pursue our legitimate interests. In particular we use your Personal Information for the following purposes:

- to provide services you have requested, and respond to any communications, comments or complaints you send us;
- to monitor the use of our services and to help us monitor, improve and protect our services;
- allow you to create, maintain, customize and secure your account with us;
- to personalize our services for you;
- to monitor any user accounts to prevent, investigate and/or report fraud, misrepresentation, terrorism, security incidents or crime in accordance with applicable law;
- Where our use of Personal Information is made pursuant to a balancing of our legitimate interests with your privacy interest, we will provide more information about our balancing analysis and process on request. Please send any such requests to getrosierapp@gmail.com.
In addition, we will send you, based on your consent (if required), direct marketing communication in relation to our relevant services, or other services provided by us, our affiliates and carefully selected partners. You can withdraw your consent at any time ("opt out"); see the section "What are your rights?" below. In case of electronic direct marketing you can opt out by following the instructions in the communication.

How will Rosier share the Personal Information it receives?

We may share your Personal Information with third parties as described below:

Our Service Providers: We share your Personal Information with third party service providers that provide services on our behalf; for example, we use Google Firebase (with Firestore and Google Analytics) to store and analyze user data from the app (see here for additional details on Firebase's Privacy and Security policies). Such third parties may further include, but are not limited to, providers of: website hosting; maintenance services; email services; security services; content delivery networks; customer support operations and software services; traffic and usage analytics services; and cloud storage and computing services.
Other users: You may choose to populate certain information, including your username, records of accomplishment, prize ideas you post, and content of prizes you create or gift to other users. Any of these information uploaded may be displayed to other users to facilitate user interaction within the services. Upload of aforementioned information is optional - if you prefer to not upload and share such information, you may choose to not use related services in the app.
Government authorities and/or law enforcement officials: If required for the purposes as described in this Privacy Policy, if mandated by law or if required for the legal protection of our legitimate interests in compliance with applicable laws we may share Personal Information with competent regulatory, prosecuting, tax or governmental authorities, courts or other tribunals in any jurisdiction or markets, domestic or foreign.

In certain cases, we may anonymize your Personal Information in such a way that you can no longer be identified as an individual, and we reserve the right to use and share such anonymized information to trusted partners not specified here. However, we never disclose aggregated or de-identified information in a manner that could identify you as an individual.

Where will we send your Personal Information?

Rosier is established in the US and uses service providers established both in the US and in other countries to process Personal Information as described in this Privacy Policy. As such, your Personal Information may be shared internationally.

Is Personal Information about you secure?

Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, failure of the services, or other factors may compromise the security of user information at any time.

Privacy and your communication with other users in the App

You can use Rosier to send messages to other Rosier users in the form of gifting a prize of the type Secret (the content of which will be revealed should the recipient redeem the prize), and to receive direct messages from other Rosier users in the same way. Please note that, at this time, messages are not end-to-end encrypted, and are not a substitute for secure messaging services. Messaging contents are disclosed to their intended recipients. Recipients of messages may keep those messages even if you request their deletion, and even if you delete your Rosier account. Keep in mind that recipients of your messages do not necessarily have any obligation to keep them private.

We will only disclose message contents to people other than the intended recipients in very limited circumstances where allowed or required by law, for example, in response to valid court orders or in emergency situations involving danger of death or serious physical injury. While we maintain strict internal access controls on direct messaging content, keep in mind that Rosier personnel may access the contents of direct messages to enforce our Terms of Use, ensure the security of our platform, to provide user support, or as otherwise necessary to provide our services. We may also use automated means to ensure the safety of message content, including scanning for spam, malicious content, and child abuse material.

What are your rights?

Depending on applicable local laws, you may be entitled to ask Rosier for a copy of your Personal Information, to correct it, erase or restrict its processing, or to ask us to transfer some of this information to other organizations. You may also have rights to object to some processing activities or to request restriction of some processing activities. Where we have asked for your consent to process your Personal Information, you may also have the right to withdraw this consent. These rights may be limited in some situations or in accordance with applicable law – for example, we cannot delete your Personal Information when we can demonstrate that we have a legal obligation to retain it. In some instances, this may mean that we are able to retain data even if you withdraw your consent or you delete your account.

Where we require Personal Information to comply with legal or contractual obligations, then provision of such information is mandatory: if such information is not provided, then we will not be able to manage our contractual relationship, or to meet obligations placed on us. In all other cases, provision of requested personal data is optional. Please note we will always inform you where the provision of your Personal Information is mandatory or optional.

We hope that we can satisfy any queries you may have about the way we process your Personal Information. If you have any concerns about how we process your Personal Information, or would like to opt out of marketing, you can get in touch at getrosierapp@gmail.com.

You can access, edit, or delete some or all personal information by yourself

Through your account settings 'Notifications' -> 'Settings' Icon at the top right corner -> 'My Info', you may delete all the information associated with your account.

The information you can view, update, and delete may change as the services change.

If you have any questions about viewing or updating information we have on file about you, please contact us at getrosierapp@gmail.com.

You can unsubscribe from our marketing communications

You may unsubscribe from our marketing communications by clicking on the “unsubscribe” link located on the bottom of our emails, updating your communication preferences or by contacting us at getrosierapp@gmail.com.

You have the right to complain to your local data protection authority

In the event you have unresolved concerns, please note that you have the right to complain to a data protection authority. Contact details for data protection authorities in the EEA, Switzerland and certain non-European countries are available here.

Automated individual decision-making, including profiling

We do not process your Personal Information for automated individual decision-making, including profiling.

Questions about this policy?

The data controller for this processing is Rosier. If you have any questions or concerns regarding our privacy policies, please contact us at getrosierapp@gmail.com.

Content Guidelines

Effective: March 24, 2024

Last Updated: March 24, 2024

Rosier hosts and celebrates a diverse range of thought and discussion. The following guidelines outline what is and is not acceptable on Rosier. We have the exclusive right to interpret and enforce these guidelines, although we may consult outside experts, research, and industry best practices in doing so. If you encounter content that may be in breach of these guidelines or have any questions about them, you can email us at getrosierapp@gmail.com.

If we determine that any content is in breach of these guidelines, we may remove it, hide it from public view, or impose other restrictions. This is an evolving document: we reserve the right to update these Content Guidelines at our discretion and without notice.

Legal

Please respect people’s intellectual property and don’t infringe on their privacy or any other legal rights. Don’t publish anything that violates laws or regulations. You and you alone are responsible for the content you publish on Rosier, and liable for any harm caused by the content you publish.

Safety

We want Rosier to be a safe place for discussion and expression. In all cases, Rosier does not allow credible threats of physical harm.

Hate

Rosier cannot be used to publish content or fund initiatives that incite violence based on protected classes. Offending behavior includes credible threats of physical harm to people based on their race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, age, disability or medical condition.

Private Information

You may not publish or post other people's private information (such as a personal phone number or home address) without their express authorization and permission. We also prohibit threatening to expose private information or incentivizing others to do so. The publication of publicly accessible information is not a violation of this policy.

Impersonation

We don’t allow impersonation, which includes posing as another person, brand, or organization. This applies to Rosier itself: don’t use Rosier's name, logo, or trademark in any way that misrepresents the company or misleads others.

Harmful and illegal activities

We don’t allow content that promotes harmful or illegal activities, including material that advocates, threatens, or shows you causing harm to yourself, other people, or animals.

Marketing and Promotion

We don’t permit users to advertise external products or services, drive traffic to third party sites, distribute offers and promotions, enhance search engine optimization, or engage in similar activities without having acquired approval for doing so from Rosier.

Nudity, porn, erotica

We don’t allow porn or sexually exploitative content on Rosier, including any visual or text-based depictions of sexual acts for the sole purpose of sexual gratification. We may hide or remove explicit content from Rosier.

Other Community Surfaces

These guidelines also apply to other community surfaces. Don’t create accounts for the sole purpose of circumventing boundaries like blocks and bans imposed by other users. We may intervene to remove accounts engaged in artificial or inauthentic activity on community surfaces.

Safety Measures

Rosier makes available the following measures to protect users' safety and privacy:

1. Filtering Objectionable Material

We are committed to providing a safe and respectful environment for all users. Users can report objectionable content or block users that created such content, and once they do so, such content will no longer be visible to them. Rosier regularly monitors objectionable content and will remove any content we deem objectionable.

2. Mechanism to Report Content

If you come across any content that violates our Content Guidelines or you find objectionable in any way, please report it immediately. Users can report publicly available content (on the 'Feed' -> 'Flower Field' page or on the 'My Prize' -> 'Explore Prize Ideas' page) by using the 'Report' button associated with each content post. We take all reports seriously and will promptly investigate and take appropriate action.

3. Timely Responses to Concerns

We are dedicated to addressing user concerns in a timely manner. Upon receiving a report or inquiry, we will promptly investigate the matter and provide a timely response. Our goal is to ensure that every user feels heard and supported.

4. Ability to Block Abusive Users

Rosier maintains a zero-tolerance policy towards abusive behavior. Users found engaging in abusive or disruptive conduct will be subject to immediate account suspension or termination.

For publicly available content (on the 'Feed' -> 'Flower Field' page or on the 'My Prize' -> 'Explore Prize Ideas' page), users can block content using the 'Block' button associated with each content post.

Additionally, to ensure the safety of users, Rosier only allows users to engage in exchange of gifted prizes and water with other users whom they have added as friends. We strongly advise against adding people whom you do not know or who exhibit suspicious behavior. Your safety and security are important to us, and adding unknown or suspicious individuals as friends may expose you to potential risks or unwanted interactions.

Before adding someone as a friend, consider the following:

Verify Identity: Ensure that you know the person's identity and have interacted with them in a safe and trustworthy environment.
Evaluate Behavior: Be wary of individuals who exhibit suspicious behavior, such as soliciting personal information, engaging in harassing or inappropriate conduct, or displaying dishonest intentions.
Trust Your Instincts: If something feels off or uncomfortable about a person, refrain from adding them as a friend and report any suspicious behavior to our support team immediately.

Users can also block or delete a friend by going to the 'Feed' page -> under 'My Friends', locate the user, and click on the forward arrow next to the user -> under the user's 'Garden Page', scroll to the bottom -> hit the 'Delete friend' button or the 'Block user' button.