Terms of Use
These Terms of Use (“Terms”) constitute a legally binding agreement between you (“you”, or “your”) and Rockabilling Limited (“Rocka”, “we”, “us”, or “our”).
These Terms apply to:
- individuals using our products and services for personal use (“Individual Users”); and
- businesses (merchants) using our products and services for business purposes (“Business Users”).
By accessing and using our products and services (the “Services”), you acknowledge that you have read, understood and agree to be bound by these Terms along with our Privacy Policy, which together constitute the entire agreement between you and Rocka.
If you do not agree to these Terms, you must immediately discontinue use of the Services.
You may only enter into these Terms if you are of legal age and capable of forming a binding contract under the laws of your country of residence. If you're under this age, you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
These Terms are prepared in English. Communications relating to these Terms and Services are generally conducted in English.
Structure of These Terms
These Terms are divided into three parts:
Part A – General Provisions (applicable to all users)
Part B – Individual User Terms (B2C)
Part C – Business User Terms (B2B)
If you are an Individual User, Part A and Part B apply to you.
If you are a Business User, Part A and Part C apply to you. Your use of the Services may also be governed by one or more separate agreements entered into between you and Rocka. In the event of any inconsistency or conflict between these Terms and any such separate agreement, the terms of the applicable agreement shall prevail.
PART A – GENERAL PROVISIONS (APPLICABLE TO ALL USERS)
1. Our Role and Services
1.1 Rocka operates a technical software platform designed to enable Business Users to accept payments from Individual Users through their websites and applications. Rocka’s role is limited to the provision of technical, operational, and support services in connection with this platform.
Individual Users who initiate payments through the platform are not customers or clients of Rocka, and Rocka does not provide services directly to Individual Users.
WE DO NOT HOLD, SAFEGUARD, OR CONTROL USER FUNDS, OR PROVIDE REGULATED PAYMENT SERVICES. ROCKA DOES NOT FACILITATE THE UNDERLYING PAYMENT TRANSACTION AS A PAYMENT SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR THE EXECUTION OR SETTLEMENT OF PAYMENT TRANSACTIONS.
1.2 Payment Processing by Payment Partners
All payment transactions initiated through the platform are processed by payment service providers that are duly authorised and regulated in their respective jurisdictions. These payment service providers are solely responsible for: payment processing; compliance with applicable financial and regulatory requirements; and the operation of their own systems and authentication processes.
Further information about our payment partners is available here.
2. Grant of License and Intellectual Property
2.1 All rights, title, and interest in and to the Services, including all copies, components, and underlying technology, are owned by Rocka or, where applicable, its licensors or other service providers. Nothing in these Terms transfers any ownership rights to you.
2.2 For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property and proprietary rights, whether registered or unregistered, including copyrights, patents, design rights, moral rights, rights of publicity, trademarks, service marks, trade dress, goodwill, trade secrets, and any similar rights existing now or arising in the future, together with all applications, registrations, renewals, and extensions, under the laws of any country, territory or other jurisdiction.
2.3 Subject to your compliance with these Terms, Rocka grants you a limited, revocable, non-exclusive, non-transferable licence to access and use the Services solely for their intended purposes.
3. Disclaimers and Limitations of Liability
3.1 Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Services, including the platform and all related content, interfaces, dashboards, and functionality, are provided on an “as is” and “as available” basis.
We aim to provide a reliable service and to address issues as they arise, however Rocka makes no representations or warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or availability. In particular, Rocka does not warrant that: the Services will meet your requirements or expectations; the Services will be uninterrupted, timely, secure, or error-free; the results obtained from use of the Services will be accurate, complete, or reliable; or any defects or errors in the Services will be corrected.
Nothing in these Terms excludes or limits any warranties or rights that cannot be excluded under applicable law.
3.2 Limitation of Liability
To the maximum extent permitted by applicable law, Rocka shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, business, use, or goodwill, arising out of or in connection with your use of, or inability to use, the Services or these Terms, regardless of the legal basis of the claim.
This limitation applies whether such liability arises in contract, tort (including negligence), strict liability, or otherwise, even if Rocka has been advised of the possibility of such damages.
To the extent that Rocka is found liable notwithstanding the exclusions above, you agree that Rocka’s total aggregate liability for all claims arising out of or in connection with the Services or these Terms shall be limited to EUR 300. Your sole and exclusive remedy in relation to any such claim is limited to the recovery of direct damages, subject to this liability cap.
This limitation does not apply to liability that cannot be limited under applicable law.
4. Complaints
We kindly ask you to address your concerns and complaints directly to us via support@rocka.live and we will always assist you in our best effort.
If your complaint is about how we store or process your personal information, please consult our Privacy Policy.
5. Changes
We may amend these Terms from time to time. Updated versions will be effective upon publication. Continued use of the Services constitutes acceptance of the revised Terms.
6. Governing Law, Assignment and Severability
6.1 These Terms and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Cyprus.
6.2 You must not assign your rights or obligations under these Terms to anyone without our prior written consent. We may delegate performing our obligations, and we may assign our rights and novate our obligations under these Terms to Rocka affiliates, at any time for any reason by providing notice to you.
6.3 If any provision of these Terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of the Agreement, which will remain in full force and effect.
7. Contact Details
Rockabilling Limited
Stasinou 1
Mitsi Building 1, 1st Floor, Flat/Office 4
Plateía Eleftherías 1060
Nicosia, Cyprus
Email: support@rocka.live
PART B – INDIVIDUAL USER TERMS (B2C)
8. Services Scope
In relation to Individual Users, the Services include the technical software platform and related interfaces that enable you to initiate payments to Business Users, including payment pages, checkout interfaces, and related functionality.
9. Relationship with Individual Users
9.1 If you purchase goods or services from a Business User using the Services, any contract for the supply of such goods or services is entered into directly between you and the relevant Business User.
Rocka is not a party to such contracts and assumes no responsibility or liability in connection with: the quality, safety, accuracy, or legality of goods or services; delivery, returns, refunds, or chargebacks; customer support, advertising, or marketing claims; intellectual property rights; or compliance by the Business User with applicable laws or regulations.
All claims, disputes, and refund requests relating to such transactions must be addressed directly to the relevant Business User.
9.2 Payment Authorisation
When initiating a payment, after you select a bank (or other payment account provider) you want to make a payment from, you will be redirected to its official page (either in the app or in a browser) where you will need to undergo a verification process. You will be required to complete the authentication and authorisation steps mandated by that bank (or provider).
10. Your Use of Services
10.1 General Obligations
You must use the Services in a lawful, responsible, and appropriate manner. You are responsible for ensuring that your use of the Services complies with these Terms and all applicable laws and regulations.
You must not, and must not permit any third party to, use the Services in any way that:
(a) is unlawful or fraudulent
- involves fraud, deception, or misrepresentation;
- violates any applicable law, regulation, or regulatory requirement (including those relating to financial services, consumer protection, advertising, or data protection);
- involves the use of a false, stolen, or misleading identity;
(b) causes harm or risk
- results in, or is likely to result in, complaints, disputes, reversals, penalties, fines, or losses to Rocka, other users, Business Users, or third parties;
- creates excessive, abnormal, or unexplained transaction activity;
(c) compromises security or systems
- attempts to gain unauthorised access to the Services or any related systems or networks;
- interferes with, disrupts, or degrades the performance or integrity of the Services;
- introduces malware, viruses, worms, trojans, or other harmful code;
- reverse engineers, decompiles, or attempts to extract source code or underlying logic;
(d) violates rights or standards
- infringes the Intellectual Property Rights of Rocka or any third party;
- uploads, transmits, or distributes unlawful, harmful, abusive, threatening, defamatory, obscene, or otherwise objectionable content;
- harasses, threatens, or abuses Rocka’s employees, agents, or other users.
10.2 If you become aware of any loss, theft, misappropriation, or unauthorised use of the Services or any part of them, including impersonation, fraud, or any unauthorised, incorrectly initiated, or incorrectly executed payment transaction, you must notify us without undue delay at support@rocka.live. Where you know which payment partner processed the relevant transaction, you should also notify that payment partner and, where applicable, the relevant Business User from whom you purchased goods or services.
10.3 You are responsible for all actions and activities carried out using the credentials required to access the Services, whether such actions are authorised by you or not, until you notify us without undue delay that your account or credentials have been lost, stolen, misappropriated, or otherwise compromised.
10.4 You may choose to provide feedback, ideas and suggestions regarding the Services. By doing so, you agree that Rocka may use, share, reproduce, modify, and incorporate such feedback for any purpose, without restriction, compensation, or obligation to you. To the extent permitted by law, you irrevocably assign to Rocka all rights, title, and interest in and to any such feedback.
11. Suspension and Termination
11.1 We may suspend, restrict, or terminate your access to the Services (in whole or in part), and we may modify, withdraw, or discontinue any feature or functionality of the Services, at any time where we reasonably consider it necessary to do so, including where:
- (a) you breach these Terms or applicable law;
- (b) we suspect or identify fraud or unauthorised activity;
- (c) your use of the Services creates risk or potential harm to Rocka, Business Users, other users, payment partners, or third parties (including reputational, operational, compliance, or financial risk).
11.2 If you materially breach these Terms, your right to use the Services will cease immediately upon termination, and you must stop using the Services.
12. Business User Responsibility
12.1 Any goods or services made available to you by a Business User through the Services are offered solely by that Business User.
12.2 All statements, representations, warranties, offers, and commitments relating to such goods or services are the sole responsibility of the relevant Business User. Rocka is not a party to any transaction between you and a Business User and does not assume any liability in connection with such transactions.
12.3 All complaints, claims, disputes, or refund requests relating to goods or services provided by a Business User must be directed to the relevant Business User.
PART C – BUSINESS USER TERMS (B2B)
13. Services Scope
In relation to Business Users, the Services include the products and tools made available by Rocka for commercial use, including access to payment gateway APIs, Rocka Hub, merchant dashboards, and related technical features.
14. Business User Obligations
14.1 Commercial Use and Compliance
You represent and warrant that:
- (a) you are acting in the course of a trade, business, or profession;
- (b) your business is duly organised and legally authorised to operate in the jurisdictions in which you conduct business;
- (c) you will use the Services only for lawful business purposes;
- (d) your goods and services comply with all applicable laws, including consumer protection, advertising, tax, sanctions, export control, and data protection laws.
You are solely responsible for your business activities, including the nature, quality, legality, and delivery of your goods or services.
14.2 Security and Incident Notification
You must notify Rocka without undue delay of:
- (a) any security incident affecting your technical integration;
- (b) data breaches impacting payment-related data;
- (c) suspected fraud or misuse of the Services.
You agree to cooperate with Rocka and any relevant payment partner in investigating and mitigating such incidents.