Roku Mobile App Terms of Use

Roku · agreement dated October 11, 2022 · Official agreement

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28 of 50 cards in Legal Rights & Agreement Rules

Legal Rights & Agreement Rules · Context

These terms govern official Roku apps developed or operated for Roku

The document calls itself the “Mobile App Terms” and says it governs your use of “official” Roku apps, which it defines as apps developed and/or operated by or on behalf of Roku Inc. and/or its subsidiaries and affiliates. The apps it currently names are the Official Roku Remote Control and Channel App and the Roku Smart Home App. The named apps are introduced with “Current Roku Apps include”, so the two named apps are presented as the present list; an app meeting the developed-or-operated definition, including one operated by another party on Roku's behalf, would fall under the same scope.

Details
Who
Roku Inc., its subsidiaries and affiliates, or anyone operating a Roku App on their behalf
What it covers
Official Roku Remote Control and Channel App; Roku Smart Home App

Supporting quotations

govern your use of “official” Roku apps, which are apps developed and/or operated by or on behalf of Roku Inc. and/or its subsidiaries and affiliates
the Official Roku Remote Control and Channel App; and
the Roku Smart Home App

Qualifications & exceptions

  • The named apps are introduced as the current list (“Current Roku Apps include”), not stated as a closed set.
  • Scope reaches apps developed and/or operated “by or on behalf of” Roku Inc. and/or its subsidiaries and affiliates.

Not stated here

  • Whether any app beyond the two named ones is currently treated as a Roku App: the document names only these and publishes no fuller list.

Legal Rights & Agreement Rules · Restriction or exception

Installing or using a Roku App is how you accept these terms

Installing and/or using a Roku App counts as accepting these Mobile App Terms. The document describes no signature, checkbox or other separate act of agreement, so either installing or using alone is enough to form acceptance. The counterpart is stated in the same breath: if you do not agree with these terms, you do not have the right to use the Roku Apps, so the way to decline is not to install or use them.

Details
Condition
installing and/or using a Roku App
Exception
Users who do not agree have no right to use the apps

Supporting quotations

By installing and/or using a Roku App, you are accepting these terms.

Qualifications & exceptions

  • Acceptance attaches to installing or using; either one alone is sufficient (“installing and/or using”).
  • Disagreement removes the right to use the apps rather than carving out any exception to them.

Cross-references

Legal Rights & Agreement Rules · Restriction or exception

Some features may carry extra terms supplied when they are offered

Certain features, functionality and content may be subject to additional terms, which the document says will be provided to you at the time those services are offered. The document does not name which features carry such extra terms, and none of those separate terms are part of this document's text.

Details
What it covers
certain features, functionality and content
When
at the time those services are offered

Supporting quotations

Certain features, functionality, and content may be subject to additional terms, which will be provided to you at the time those services are offered.

Qualifications & exceptions

  • The extra terms are supplied at the time the service is offered, not in this document.
  • Applies to “[c]ertain features, functionality, and content”; the document does not say which.

Not stated here

  • Which features, functionality or content currently carry additional terms.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Company practice

Roku may modify, suspend or remove app features at any time

Roku reserves the right, at any time, to modify, suspend or remove certain features, functionality or content from the Roku Apps. The reservation carries no notice requirement, reason requirement or stated limit on scope, and the document does not promise that any particular feature will remain available.

Details
Who
Roku (we)
When
at any time

Supporting quotations

We reserve the right (at any time) to modify, suspend, or remove certain features, functionality, or content from the Roku Apps.

Qualifications & exceptions

  • The reserved right is exercisable “at any time” and covers modifying, suspending or removing.
  • It concerns “[c]ertain features, functionality, or content” of the apps, not every change the apps undergo.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Context

Other Roku device and feature terms also govern your use

In addition to these Mobile App Terms, use of Roku products and services is governed by terms of use published on Roku's website, applying to the specific devices or features you use. The document names four: Roku Account Terms for Roku accounts, Roku TV Terms of Use for Roku televisions, Website Terms of Use for use of the website, and the Smart Home Device End User Agreement for Roku Smart Home Devices. Because the naming sentence begins “[f]or example”, the four are illustrations of a wider set of website terms, not a complete list. Those agreements are linked but not reproduced, so this card describes only the pointer and not their contents.

Details
What it covers
specific devices or features the user utilizes

Supporting quotations

your use of Roku products and services is governed by terms of use on our website that apply to the specific devices or features you decide to utilize
Roku accounts are subject to the Roku Account Terms; Roku televisions are governed by Roku TV Terms of Use; your use of our website is covered by Roku’s Website Terms of Use; and Roku Smart Home Devices are addressed in the Smart Home Device End User Agreement.

Qualifications & exceptions

  • Each named agreement governs its own device or feature rather than the apps as a whole.
  • The four named agreements are given as examples, so other website terms may also apply.

Not stated here

  • The contents of the four linked agreements are not supplied in this source.

Legal Rights & Agreement Rules · Context

You are asked to review these terms and other applicable terms before use

Before using Roku products and services, the document asks you to review it and any other terms on Roku's website that may also apply to you. It is phrased as a request rather than a stated condition of use, and the document does not say what follows from not reviewing them.

Details
When
before using Roku products and services

Supporting quotations

Please be sure to review this document and any other terms on our website that may also apply to you before using our products and services.

Qualifications & exceptions

  • The request covers this document plus “any other terms on our website that may also apply to you”, leaving which ones apply unspecified.

Legal Rights & Agreement Rules · Restriction or exception

Some content, devices and services are authorized only in specific regions

Certain content, devices or services may be authorized for use only in specific regions or jurisdictions, and you are prohibited from accessing, viewing or using Roku products and services in jurisdictions where you are not authorized to do so. The document does not list which content, devices or services are region-limited.

Details
Where
specific regions or jurisdictions where authorized

Supporting quotations

Certain content, devices, or services may only be authorized for use in specific regions or jurisdictions. You are prohibited from accessing, viewing, or using Roku products and services in jurisdictions where you are not authorized to do so.

Qualifications & exceptions

  • Applies to “[c]ertain content, devices, or services” rather than everything Roku offers.
  • The prohibition covers accessing, viewing or using Roku products and services in unauthorized jurisdictions.

Not stated here

  • Which specific content, devices or services are region-limited.

Cross-references

Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Using Smart Home devices where they are not sold forfeits the rights these terms grant

The document illustrates its region rule with Roku Smart Home devices: they are available only in countries where they are authorized to be sold, and if you attempt to use them in a country where they are not authorized for sale, the rights granted under these terms will not apply. The stated consequence is the loss of the granted rights for that use rather than a penalty, and it is given as the document's own example of the broader region rule.

Details
Condition
attempted use in a country where the devices are not authorized for sale

Supporting quotations

If you attempt to use Roku Smart Home devices in a country where they are not authorized for sale, the rights granted under these terms will not apply.

Qualifications & exceptions

  • Presented as the document's own example (“[f]or example”) of the region restriction.
  • The consequence is that the rights granted under these terms will not apply; no other penalty is described.

Not stated here

  • Which countries authorize Roku Smart Home device sales is not stated in this source.

Cross-references

Legal Rights & Agreement Rules · Company practice

Content providers may verify your location, limiting access outside your designated country

Some content providers may use technologies to determine or verify your location, and you may not be able to use Roku products to access content outside your designated country. The verification is attributed to content providers rather than Roku, the document does not describe which technologies or how the designated country is set.

Details
Who
some content providers

Supporting quotations

Some content providers may use technologies to determine or verify your location, and you may not be able to use Roku products to access content outside your designated country.

Qualifications & exceptions

  • The actor is content providers, using technologies to determine or verify location.
  • The possible effect is inability to access content outside “your designated country”.

Not stated here

  • Which technologies are used and how a designated country is determined.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

You are responsible for import and export law compliance for your Roku products

You are responsible for complying with any import and/or export laws that apply to your use of your Roku products. The responsibility is placed on the user without naming any jurisdiction's rules or saying whether Roku assists with compliance.

Details
Who
you (the user)

Supporting quotations

You are responsible for complying with any import and/or export laws that apply to your use of your Roku products.

Qualifications & exceptions

  • Covers import and/or export laws applying to your use of your Roku products.

Not stated here

  • No specific import or export regime is named.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Interactions with advertisers are between you and the advertiser

Any interaction you have with these advertisers is stated to be entirely at your own risk and to be between you and the advertiser, and Roku says it is not responsible or liable for your interaction with those advertisers or their products and services. The allocation covers both responsibility and liability, and it sits alongside the document's separate limitation of liability rather than replacing it.

Details
Who
advertiser and user; Roku excluded

Supporting quotations

Any interaction you have with these advertisers is entirely at your own risk and between you and the advertiser. Roku is not responsible or liable for your interaction with those advertisers or their products and services.

Qualifications & exceptions

  • The exclusion covers both being “responsible or liable” for interactions with advertisers and their products and services.
  • It applies to interactions through the apps and other content services where those messages appear.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

The apps come AS IS with implied warranties disclaimed

The Roku Apps are provided “AS IS” and on an “AS AVAILABLE” basis, and to the maximum extent permitted by applicable law Roku disclaims warranties of merchantability, fitness for a particular purpose and non-infringement, plus any warranties arising out of course of dealing or usage of trade. The disclaimer is itself bounded by what applicable law permits, so the clause states what Roku disclaims rather than what a particular jurisdiction will allow.

Details
Exception
to the maximum extent permitted by applicable law

Supporting quotations

The Roku Apps are provided “AS IS” and on an “AS AVAILABLE” basis and to the maximum extent permitted by applicable law, WE DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Qualifications & exceptions

  • The apps are provided “AS IS” and on an “AS AVAILABLE” basis.
  • The disclaimer operates “to the maximum extent permitted by applicable law”.
  • The named disclaimed warranties are merchantability, fitness for a particular purpose, non-infringement, and warranties from course of dealing or usage of trade.

Not stated here

  • How much of this disclaimer a given jurisdiction will enforce is not stated; the document handles that separately for jurisdictions that restrict such exclusions.

Cross-references

Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

No promise that app content or services will work uninterrupted or be of any quality

Roku makes no warranty that content or services provided by or through the Roku Apps will meet your requirements or be available on an uninterrupted, secure or error-free basis, and no warranty regarding the quality of any information or content provided by or through the apps. The two statements cover fitness for your own requirements and uptime/quality respectively, and neither is qualified by a service level or remedy.

Details
What it covers
content or services provided by or through the Roku Apps

Supporting quotations

We make no warranty that the content or services provided by or through the Roku Apps will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality of any information or content provided by or through the Roku Apps.

Qualifications & exceptions

  • The first statement joins meeting your requirements with uninterrupted, secure or error-free availability.
  • The second concerns “the quality of any information or content” provided by or through the apps.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Indirect and punitive damages are excluded where the law allows

Where the law permits, Roku will not be responsible for indirect, special, consequential, exemplary or punitive damages. The exclusion is conditioned on being permitted by law and does not touch direct loss, which is handled by the separate liability cap.

Details
Exception
when permitted by law

Supporting quotations

WHEN PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

Qualifications & exceptions

  • Operates only “[w]hen permitted by law”.
  • Covers indirect, special, consequential, exemplary and punitive damages.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Local law may override these disclaimers and limits

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so for those jurisdictions the disclaimers and limitations above may not apply to you. The wording is permissive (“may not apply”) and identifies no particular jurisdiction, so it flags possible local protection rather than promising it.

Details
Where
jurisdictions that do not allow certain warranty or liability exclusions

Supporting quotations

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the disclaimers and limitations above may not apply to you.

Qualifications & exceptions

  • Triggered where a jurisdiction bars excluding certain warranties, or excluding or limiting liability for consequential or incidental damages.
  • The effect stated is that the above disclaimers and limitations “may not apply to you”, not that they are void.

Not stated here

  • Which jurisdictions qualify is not named in this document.

Cross-references

Legal Rights & Agreement Rules · Procedure

Disputes go to arbitration under separate Dispute Resolution Terms

All claims arising out of or relating to your Roku account or any Roku product or service will be resolved exclusively through arbitration, according to the linked Dispute Resolution Terms, unless you opted out or another exception applies. The scope reaches claims about the account or any Roku product or service, not only claims about these Mobile App Terms.

Details
What it covers
claims relating to a Roku account or any Roku product or service
Exception
where you opted out or another exception applies

Supporting quotations

All claims arising out of or relating to your Roku account or any Roku product or service will be resolved exclusively through arbitration, according to these Dispute Resolution Terms, unless you opted out or another exception applies.

Qualifications & exceptions

  • Covers “[a]ll claims arising out of or relating to your Roku account or any Roku product or service”.
  • Subject to stated exceptions: “unless you opted out or another exception applies”.

Not stated here

  • The linked Dispute Resolution Terms are a separate document whose text this source does not contain, so this card says nothing about arbitrator selection, fees, location or procedure.
  • How to opt out, and by when, is stated in those terms rather than here.

Cross-references

  • qualified by (model-proposed): Court cases must be in Northern California — The venue clause addresses the residual case the arbitration clause leaves open: when a claim nonetheless proceeds in court, it must be heard in one of the two named California forums.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Claims may be brought only individually, not as a class

Roku and you agree that all claims may only be conducted on an individual basis, and not in a class, consolidated or representative action. The restriction is mutual in form and sits alongside the arbitration requirement, applying to the claims that provision covers.

Details
What it does
claims conducted on an individual basis only

Supporting quotations

We both agree that all claims may only be conducted on an individual basis (and not in a class, consolidated, or representative action).

Qualifications & exceptions

  • The bar covers class, consolidated and representative actions.
  • Stated as a mutual agreement (“[w]e both agree”).
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Delaware law governs these terms

These terms are governed by the laws of the State of Delaware, without regard to any conflict of laws principles that might point to another jurisdiction's law. The clause names the governing law only; it does not by itself say where a dispute is heard.

Details
Where
State of Delaware

Supporting quotations

These terms are governed by the laws of the State of Delaware, without regard to any conflict of laws principles that may provide the application of the law of another jurisdiction.

Qualifications & exceptions

  • Conflict of laws principles that could apply another jurisdiction's law are excluded.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Procedure

Court cases must be in Northern California

If for any reason a claim proceeds in court rather than in arbitration, the parties agree the exclusive jurisdiction and venue for any legal proceeding is either the federal court for the Northern District of California or the state court in Santa Clara County, California. This applies only in the event a claim escapes arbitration, which the document otherwise requires, and it names both a federal and a state forum rather than giving a choice between courts generally.

Details
Where
Northern District of California; Santa Clara County, California
Condition
a claim proceeds in court rather than in arbitration

Supporting quotations

If, for any reason, a claim proceeds in court rather than in arbitration, we both agree that the exclusive jurisdiction and venue for any legal proceeding is either federal court of the Northern District of California or state court in Santa Clara County, California.

Qualifications & exceptions

  • Applies only “[i]f, for any reason, a claim proceeds in court rather than in arbitration”.
  • The named forums are federal court for the Northern District of California or state court in Santa Clara County, California.

Cross-references

Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Context

App store terms also apply to your use of the apps

Use of the Roku Apps is subject to a separate app store notice that the document links. Which app store's notice applies is not said here, and the notice's text is not part of this document, so this card records only that another set of terms is layered onto app use.

Details
What it covers
use of the Roku Apps

Supporting quotations

Use of the Roku Apps is subject to the following app store notice.

Qualifications & exceptions

  • The additional notice covers use of the Roku Apps, not the other Roku agreements named earlier in the document.

Not stated here

  • The linked app store notice is a separate document whose text this source does not contain, so nothing about its contents, or about which app store it concerns, follows from this card.
Also annotated in the same passage (6)

Legal Rights & Agreement Rules · Restriction or exception

Only you and Roku can enforce these terms

These terms are between you and Roku, and no other person has any right to enforce them on your behalf. The clause is about who may enforce, not about who benefits from the permissions granted to you, and it does not address claims brought against Roku.

Details
Who
you and Roku only

Supporting quotations

These terms are between you and Roku and no other person has any right to enforce these terms on your behalf.

Qualifications & exceptions

  • The bar is on another person enforcing the terms on your behalf.
Also annotated in the same passage (6)

Legal Rights & Agreement Rules · Restriction or exception

Your rights under these terms cannot be transferred

Your rights under these terms are not transferable. The statement sits next to the prohibition on selling or transferring the apps themselves, so both the app copy and the contractual permissions are kept with the original user.

Details
What it covers
your rights under these terms

Supporting quotations

Your rights are not transferable.

Not stated here

  • No exception, such as transfer on death or to a new device owner, is described in this document.

Cross-references

Also annotated in the same passage (6)

Legal Rights & Agreement Rules · Restriction or exception

Each paragraph stands separately and invalid terms are trimmed rather than voided

Each paragraph is intended to operate separately. If any court or relevant authority decides that any terms are invalid or unenforceable, those terms will be enforced to the maximum extent permissible and the remaining terms stay in full force and effect. So an unenforceable provision is narrowed by as much as needed rather than striking down the rest of the document.

Details
Condition
a court or relevant authority finds terms invalid or unenforceable

Supporting quotations

Each paragraph is intended to operate separately. If any court or relevant authority determines that any terms are invalid or unenforceable, those terms will be enforced to the maximum extent permissible and the remaining terms will remain in full force and effect.

Qualifications & exceptions

  • Each paragraph is intended to operate separately.
  • Invalid or unenforceable terms are enforced “to the maximum extent permissible” while the rest remain in full force and effect.
Also annotated in the same passage (6)

Legal Rights & Agreement Rules · Restriction or exception

Roku delaying enforcement does not waive its rights

If Roku delays or chooses not to enforce these terms, that does not mean it has waived its rights or that you need not comply with the terms. The clause removes any argument that past inaction excuses your own compliance.

Details
Who
Roku (we)

Supporting quotations

If we delay or chose not to enforce these terms, that will not mean that we have waived our rights or that you do not have to comply with these terms.

Qualifications & exceptions

  • Covers both a delay and a decision not to enforce (“if we delay or chose not to enforce”, reproducing the document's own wording).
Also annotated in the same passage (6)

Legal Rights & Agreement Rules · Company practice

Roku may amend these terms and post material changes in the affected app

Roku may amend these terms from time to time. For material changes, it will post the revised terms in the affected Roku App or Apps and may also notify you through its website or your Roku account. The posting route is promised for material changes only, while the additional notice through the website or account is discretionary (“may also”), and no advance notice period is stated.

Details
When
from time to time

Supporting quotations

These terms may be amended by us from time to time. If we make material changes to these terms, we will post the revised terms in the affected Roku App(s) and may also notify you through our website or your Roku account.

Qualifications & exceptions

  • Amendment is unilateral: “[t]hese terms may be amended by us from time to time”.
  • For material changes, revised terms are posted in the affected app or apps.
  • Notification through the website or your Roku account is discretionary.
  • No advance notice period before changes take effect is stated.

Not stated here

  • What counts as a material change, and how long before a change takes effect, is not defined here.
Also annotated in the same passage (6)

Legal Rights & Agreement Rules · Restriction or exception

Using the apps after a change takes effect means you accepted it

Your use of the apps after changes go into effect constitutes your acceptance of those changes. If you do not agree to the new terms, the document says you may not be able to continue using the Roku Apps with your Roku account or Roku products and services — phrased as a possibility rather than a promise of termination.

Details
Condition
use after the changes go into effect

Supporting quotations

Your use after the changes go into effect will constitute your acceptance of those changes. If you do not agree to the new terms, you may not be able to continue using the Roku Apps with your Roku account or Roku products and services.

Qualifications & exceptions

  • Acceptance runs from your use after the changes take effect, so it depends on when the change becomes effective, which this document does not date.
  • The stated consequence of disagreement is that you “may not be able to continue using” the apps with your account or products.

Cross-references

Also annotated in the same passage (6)

Legal Rights & Agreement Rules · Procedure

Questions about these terms go through Roku's contact page

If you have questions about these terms, the document routes you to Roku's contact page. No postal address, email or support channel is given in the terms themselves.

Details
What it covers
questions about these terms

Supporting quotations

If you have any questions about these terms, you can contact us.

Qualifications & exceptions

  • The contact route covers questions about these terms specifically.

Not stated here

  • The linked contact page is not part of this source, so which channels it offers is not stated here.

Legal Rights & Agreement Rules · Context

These terms state an effective date of October 11, 2022

The document closes with a stated effective date of October 11, 2022. It carries no separate last-updated date, version number or changelog, so the stated date is the only version marker supplied.

Details
When
October 11, 2022

Supporting quotations

Effective: October 11, 2022

Not stated here

  • Whether any earlier version differed, and when any later amendment took effect, cannot be read from this document; amendments are only described as being posted.