Roku App Terms of Use

These terms (“Mobile App Terms”) 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 (“Roku App(s)”). Current Roku Apps include:

- the Official Roku Remote Control and Channel App; and
- the Roku Smart Home App

By installing and/or using a Roku App, you are accepting these terms. If you do not agree with these terms, you do not have the right to use the Roku Apps.

Certain features, functionality, and content may be subject to additional terms, which will be provided to you at the time those services are offered. We reserve the right (at any time) to modify, suspend, or remove certain features, functionality, or content from the Roku Apps.

Using the Roku Apps
To access certain features and functionality through the Roku Apps, such as managing, configuring, and accessing data captured by your Roku Smart Home devices; as well as view and control access to content available on The Roku Channel, you will need to create a Roku account.

In addition to these Mobile App Terms, 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. For example, 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.

Our Privacy Policy provides information on how we collect, use and disclose information from our users and their use of Roku products and services, including the Roku Apps.

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.

You may install and use Roku Apps on a compatible mobile device, only for personal, non-commercial purposes. You are responsible for ensuring system compatibility between your device and the Roku App(s). If you violate any of these terms, we have the right to suspend or terminate your right to access your Roku account and/or use of the Roku Apps. You may not:

- copy, modify, adapt, distribute, translate, or create derivative works of the Roku Apps;
- decompile, disassemble, reverse engineer or otherwise try to derive the source code of the Roku Apps (except to the extent such actions cannot be prohibited under applicable law and then, only if it is essential to achieve inter-operability with other software, is done only to achieve such inter-operability, and is not disclosed or used to create any similar software);
- sell or transfer the Roku Apps or
- disable, bypass, circumvent, or interfere with any security mechanism or access control measures.

Restrictions
Copying or redistribution of third-party content is strictly prohibited, and digital rights management or other technologies may be used to prevent or restrict any copying or re-distributing of any content, which you agree not to try to circumvent or avoid. 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.

For example, Roku Smart Home devices are only available in those countries where the devices are authorized to be sold. 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.

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

Advertising and Promotional Messages
Roku (and/or its partners and content providers) may display advertising and promotional messages through the Roku Apps and other content services. We do not make (or imply) any endorsement or recommendation about the advertisers’ products or services. 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.

Software Updates
From time to time, the Roku Apps may require an update. Updates include things like bug fixes, improvements to the user interface or how you access content, for security purposes, and other changes that may add, change, or remove certain features and functionality. Updates are necessary to maintain the operation and functionality of the Roku Apps and/or compatibility with other content or services.

Voice Services
If your Roku TV or streaming device supports voice commands (depending on your country of residence), you can use your voice to control your Roku device (to search for content, switch inputs, launch channels, and much more) via (1) the Roku Remote Control and Channel App or (2) a compatible voice-enabled Roku remote.

If your Roku Smart Home device supports voice commands, you can use (1) voice-enabled features available when using the Roku Smart Home App; or (2) a compatible smart home speaker (e.g., Amazon Alexa or Google Home) linked to your Roku devices via the Roku skill that can be installed from the Alexa or Google Home apps, respectively. By linking Roku devices to Amazon Alexa or Google Home, you will be able to control certain Roku devices with Alexa or Google Home voice commands (e.g., access and view video content from a Roku camera on a Roku TV, turn lights on/off, power sound devices, adjust in-home climate or security settings, and more).  Note that when you auto-link your devices to a virtual assistant such as Google Home or Amazon Alexa, ALL current and future Roku devices that are compatible will be linked to the virtual assistant. If you de-link your Roku devices, all Roku devices will be de-linked.

When using the voice features, you are authorizing us (and our service providers who help provide these services) to record, process, and store your verbal inputs (a recording and/or readout of what was said) as well as other usage data about how you use this feature in order to provide voice command services to you.

When your Roku devices are linked to third party products and services like Amazon Alexa or Google Home, these entities will also process information about you and how you use their services, including how you may use your Roku devices linked to them. They may also collect data about the types of devices you are using; how you are using the devices in connection with their services, logs of the activities you perform and the content or information you accessed; your verbal input when using voice commands to control linked devices and features; video, images; or other details that may be captured by Roku Smart Home devices if you direct it to  transferred, accessed, or otherwise processed by Google Home or Amazon Alexa. For example, when you ask Alexa to display Roku video content on an Amazon Alexa Show (i.e., an Alexa device with display capabilities), you are authorizing Roku to transfer your video content to Amazon for it to be displayed on an Amazon device. Go to support to learn more.

Roku’s Proprietary Rights
The Roku Apps are proprietary to Roku (and/or its licensors) and protected by copyright, trademark, and other laws of the United States and other countries. Any rights not expressly granted to you in these terms are reserved by Roku (or its applicable licensors). You may not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Roku app or from any content provided via the Roku Apps.

Disclaimers
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. 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.

Limitation of Liability
WHEN PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE PURCHASE PRICE (THAT YOU PAID) FOR THE APP OR $10 USD (WHICHEVER IS MORE). IN ALL CASES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Exclusions
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.

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

Governing Law, Jurisdiction and Venue
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. 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.

General
Use of the Roku Apps is subject to the following app store notice. These terms are between you and Roku and no other person has any right to enforce these terms on your behalf. Your rights are not transferable. 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. 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. 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. 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.

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

Effective: October 11, 2022