Rocos Terms of Use

WELCOME TO ROCOS! THESE ARE OUR TERMS
1. Welcome to Rocos’s demonstration website www.rocos.io (“Site”). “Rocos” is a backend as a service (“BaaS”) for robotics (“Services”) provided by Rocos Global Limited, a limited liability company incorporated in New Zealand. References to “Rocos”, “us”, “we” and “our” are references to Rocos Global Limited.
2. This document, the “Terms”, contains the terms of your use of the Site and Services together with your end user licence agreement for your trial of the Rocos Agent Software (“Software”) (if applicable). The Terms apply to any updates, supplements, Internet-based services and other support services in respect of the Site and the Services (including the Software) unless otherwise agreed by Rocos in writing.
3. These Terms are a legally binding contract between you and Rocos so please read them carefully.
4. These Terms apply to your use of the Services and the Site, including but not limited to any trial (with or without a fee) of the Services and the Site. You warrant that by accessing the Site you have been invited by Rocos to do so.
5. By accessing and registering with Rocos and/or installing the Software, the person or organisation entering into these Terms as a user of the Site or Services, together with all individual users accessing the Site or Services on that person’s behalf (together, “you”) accept and agree to be bound by these Terms. If you do not accept these Terms, do not continue to access, use or register for the Site or Services.
6. If you are using the Site or Services on behalf of an organisation, you are irrevocably agreeing to these Terms for your organisation and promising to Rocos that you have the authority to bind that organisation to these Terms (in which event, “you” and “your” will also refer to that organisation) unless that organisation has a separate contract in effect with us, in which event the terms of that contract will govern your use of the Services.
7. Site and Services, include the Software, the platform, products and services, applications, mobile, all other software, websites or other properties owned or operated by Rocos, whether on or through the Site or made available by Rocos for installation and, by registering for a Rocos account, the signing up to receive emails, notifications and communications from us. The Site and Services are being provided to you as a demonstration only. You acknowledge and agree that the Site and Services are not to be used for any purpose other than for testing and understanding how Rocos is intended to be used once it is launched.
8. In exchange for you complying with the Terms at all times, we grant you, a non-exclusive, non-transferrable, non-assignable worldwide licence to use and access the Services and Site on the terms set out herein.
WE CAN AMEND THESE TERMS
1. We can amend these Terms at any time. Amendments will be effective immediately when posted on Rocos. You are responsible for ensuring you are familiar with the latest Terms. By continuing to use Rocos, you agree to be bound by the Terms as amended (whether or not you have received any amendments). You can always find the current version of the Terms here www.rocos.io/terms.html
HOW YOU SHOULD USE ROCOS
1. When invited by Rocos, you are permitted to load the software onto a PC, laptop, mobile or tablet under your control. You are responsible for ensuring that your device meets the minimum requirements for the Software to work and that you have all necessary power and internet available to load and power the Software. You shall not permit any other person to use the Software.
2. You agree to only use Rocos in a way that complies with all applicable laws and regulations, that does not infringe our rights or other users’ rights, and that does not inhibit or restrict other users’ enjoyment of Rocos.
3. Without limiting clause 3.1 , in particular, you agree not to:
  1. damage, harm, disable, burden, impair, obscure, decompile, disassemble or remove anything from or a part of the Site or Services, or any underlying or connected network or system;
  2. use a harvesting bot, robot, spider, scraper, or other unauthorised automated means to access the Site or Services or content featured on it for any purpose;
  3. introduce any viruses, content or code that is or has the potential to be technologically harmful;
  4. do anything that could disable, overburden, or impair the proper working of the Site or Services, such as a denial of service attack;
  5. use the Site or Services to do anything unlawful, misleading, malicious, or discriminatory;
  6. modify, reroute, or gain access to the Site or Services or attempt to carry out these activities otherwise than as provided for in these Terms;
  7. modify or remove any Rocos logos, links or other branding when using the Site or Services;
  8. facilitate or encourage any violations of these Terms; or
  9. attempt to do any of the above.
4. As part of our efforts to protect the Site and Services, or our customers, or to stop you from breaching these Terms we retain the right to block or otherwise prevent your use of the Site and Services, and to prevent the delivery of any type of file, email or other communication to or from the Services.
5. We also reserve the right to deactivate, change and/or require you to change your user ID and any custom or vanity URLs, custom links, or vanity domains you may obtain through the Services.
6. You are responsible for all activity resulting from your use of the Site and/or Services. This includes (but is not limited to) compliance with all applicable laws, regulations and directives, compliance with health and safety requirements where operating your robot and all human inputs. You indemnify us, and will keep us indemnified, against all forms of liability, action, proceeding, demand, cost, change and expense which we may incur or be subject to or suffer as a result of your use of the Site and/or Services.
7. Without limiting any other rights and remedies available to us, if we believe you have breached or are in breach of these Terms, we may:
  1. limit your activities on the Site and/or Services;
  2. issue a warning to you;
  3. suspend or cancel your access to the Site and/or Services;
  4. co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any content in breach of these Terms; and/or
  5. disclose your identity and any other information we hold about you to any law enforcement authority if we believe this would assist to prevent the commission of any crime against a person or persons.
PRIVACY
1. Through your use of the Site or Services, we collect certain information about you in accordance with our Privacy Policy. You acknowledge your use of the Site and/or Services is subject to our Privacy Policy and understand that it sets out how Rocos collects, stores and uses the personal data it may collect.
2. In the event of a data breach, we will notify you if you are impacted within 48 hours from the time we were notified of the breach.
3. We will provide customers impacted with:
  1. full details of the breach, including the categories and approximate number of:
    1. data subjects concerned;
    2. personal information records affected;
    3. if known, details of the likely consequences of the breach;
    4. full details of how the breach is being investigated; and
    5. the mitigation and remedial steps already put in place and to be put in place.
YOUR FREE TRIAL
1. You acknowledge that this is a trial and demonstration of the Site and Services (including the Software) only and that Rocos grants you a non-exclusive, revocable, limited, non-transferable, non-assignable, and “as is” right to use and access the Site and Services for evaluation purposes only.
YOUR ACCOUNT INFORMATION
1. You warrant that you have provided complete, accurate and current personal information such as your full legal name and email address when registering for an account (“Account Information”) and you agree to maintain and promptly update your Account Information to ensure it is kept current at all times.
2. We will take reasonable precautions and implement industry standard technical and organisational measures to keep your profile secure and protect it from unauthorised access, however you agree that we are entitled to rely on the authenticity and authority of your username, password and session-specific codes generated by your hardware device to process actions or request submitted in your name to Rocos and that we may do so without further enquiry.
3. You agree to keep your log in details and password secure and agree not to share your password with anyone else. We will not be liable for any loss or damage if you fail to comply with this security obligation.
4. You acknowledge that the internet is inherently insecure. You accept the risk that any information stored or transmitted on the internet or through email may be intercepted or subject to unauthorised access or fraudulent behaviour. If you think someone is accessing your account without your consent or if you would like to report disclosure of your Account Information, please contact us at [email protected]
WE CAN BOTH CANCEL YOUR ACCOUNT
1. You can cancel your account at any time by emailing us at [email protected]
2. We reserve the right to decline to register, suspend, or cancel your account and your use of the Site and/or Services if we consider (in our absolute discretion) that you have breached any of these Terms, you were not invited to use the Site or Services or use the Software, we have decided in our sole discretion to end the trial and demonstration and as otherwise contemplated in these Terms. If you have registered under multiple aliases, all of these aliases will be disabled. If we suspend or cancel your account, you must not create another one without our prior approval.
3. We can require you to delete any Software that you have loaded to any device and require you to certify the deletion of the Software and any and all back-ups of the Software.
4. All of your data and content may be deleted from our systems immediately upon cancellation of your account. This content cannot be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of, the cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.
5. You agree that you cannot transfer, sell, lease, lend or trade your account without our prior written consent.
WE OWN ROCOS, THE SITE & SERVICES, YOU OWN YOUR CONTENT
1. We (and our licensors or suppliers, as the case may be) own all intellectual property rights existing in the Site and Services, including all of the content of the Site and Services (such as text, graphics, logos, icons and sound recordings), all software code underlying and forming part of the Site and Services and any improvements, enhancements, modifications or adaptions to the Site and Services, made by Rocos or by you.
2. Unless you have received our prior written permission, you agree not to, and will not permit or encourage any third party to:
  1. adapt, reproduce, modify, reverse-engineer, decompile, distribute, print, display, perform, publish or create adaptations from any part of the Site and/or Services, the Site or Services; or
  2. commercialise, copy or on-sell any information or materials obtained from any part of the Site or Services.
3. You may not publish or use the Rocos brand, branding or logos without our prior written permission.
4. We do not claim ownership of any intellectual property rights in relation to the information or content you upload to the Site and/or Services (such as your profile information or other content or data that you provide in connection with your use of the Site and/or Services), however you grant us a non-exclusive, royalty free licence to collect, retain, use, copy, distribute or disclose it for the purposes of operating Rocos, the Site or Services.
5. Notwithstanding any other provision of these Terms, where the Software contains Open Source Software (“OSS”) the licence terms for that OSS shall apply to that OSS only. By accepting these Terms you are agreeing to be bound by any terms of licence for that OSS. For the avoidance of doubt, the following terms apply to the respective OSS used in the Software:
  1. 3 Clause BSD Licence
    THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
  2. Apache Licence, Version 2.0
    Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
  3. MIT License
    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
6. You agree to grant us with a non-exclusive royalty free licence to use your name and logo for our marketing and promotional material, including marketing and promotional material featured on our website.
7. You agree, represent and warrant that you have all rights to submit anything you post, and that your content, data and/or any information provided does not violate any law or these Terms, or the copyright, trademark, trade secret, privacy, rights of publicity, or any other personal or proprietary right of any other party, person, or entity.
8. We do not:
  1. take any responsibility;
  2. expressly or implicitly endorse; and / or;
  3. assume any liability for,
  any content, data or information submitted by you to us.
9. You agree to indemnify, pay the costs of defence, and hold us harmless from any claims, liabilities, or damages related to or arising out of content you submitted to us or posted on our site or through our Site or Services. This section shall supersede any provision, communication, representation, warranty, or agreement to the contrary in any of our relationships.
SUSPECT THAT INTELLECTUAL PROPERTY RIGHT INFRINGEMENT IS OCCURRING ON ROCOS
1. We take intellectual property rights very seriously and we expect you to do the same. You warrant that any content you upload to Rocos does not contain anything which breaches any obligations of confidentiality or proprietary rights of any third party and that you own any intellectual property rights in such content. Before you submit content to Rocos, you must ensure that you hold the copyright or are otherwise licensed or authorised to use that content.
2. Specifically, You shall not upload, download, store, share, display, stream, distribute, e-mail, link to, transmit, share or otherwise make available any files, data, or content that infringes any copyright, intellectual property or other proprietary rights of any person or entity.
3. We will investigate all notices of copyright infringement. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through Rocos, please contact us at [email protected]
WE WELCOME YOUR FEEDBACK, BUT YOU WON’T GET INTELLECTUAL PROPERTY RIGHTS AS A RESULT
1. We welcome your feedback and ideas on how to improve Rocos. If you choose to submit your ideas, you agree that we are free to use them and that you will not have rights to any intellectual property that may be generated as a result.
WE PROVIDE AN APPLICATION PROGRAMMING INTERFACE (“API”)
1. We provide an API, as a result, information you share on Rocos may be accessed by applications through the API, provided you have given your permission. Your login details will never be shared.
2. You agree to comply with any additional API conditions or terms of use that we may introduce from time to time.
ROCOS LINKS TO OTHER SERVICES, WEBSITES AND APPS
1. Rocos may enable you to access other applications and websites. Even though these applications and websites are accessible through Rocos, they are not owned and controlled by us. Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply that we endorse or verify such websites. Accordingly, we are not responsible or liable for any loss or damage incurred by you as a result of your access to those applications and websites.
2. Your use of, and access to, third party applications and websites will be governed by their terms and conditions and privacy policies. When accessing a third party website or application, we recommend that you read their terms and conditions and privacy policy.
ROCOS MIGHT NOT ALWAYS BE PERFECT
1. The Site and Services are provided on an “as is” and “as available” basis and use of it is at your sole risk. We will try to promptly address (during normal business hours in Auckland, New Zealand) all technical issues that arise in connection with the Site and/or Services, however there may be times when the Site and/or Services are inaccessible.
2. The functionality and provision of the Site and Services is still being tested and issues may arise from time to time which may prevent use. Any tools, software, products or services that are available for use or download outside of the Site of Services that are continuing to be developed, improved and/or upgraded may be subject to additional terms and conditions.
3. From time to time, we may issue an update to Rocos which may add, modify and/or remove features. We will endeavour to let you know about these changes in advance, but these updates may be pushed out automatically with little or no notice.
4. We may also add or remove functionalities or features, or we may suspend or stop the Site and/or Services altogether. To the extent you were able to and have uploaded content, data or information to the Site, Rocos is not responsible for the hosting of or any losses of such content, data or information.
5. TO THE EXTENT PERMITTED BY LAW, ROCOS AND ITS AFFILIATES (AND ASSOCIATED SERVICE PROVIDERS):
  1. PROVIDE THE SERVICES ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS;
  2. MAKE NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED OF ANY TYPE WHATSOEVER, INCLUDING BUT NOT LIMITED TO WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT IN RELATION TO THE SITE AND SERVICES WHETHER MADE ON THIS SITE, THROUGH THE SERVICES OR ANY OTHER FORUM WHATSOEVER INCLUDING BUT NOT LIMITED TO WHERE SUCH FORUM IS ACCESSED THROUGH THE SITE OR SERVICES; AND
  3. DO NOT GUARANTEE THAT USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, NOR THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.
6. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR SERVICE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
7. TO THE EXTENT PERMITTED BY LAW, NEITHER ROCOS NOR ANY OF AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE, CONTENT, DATA OR OTHER INTANGIBLE LOSSES) HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO CONTRACT, TORT, EQUITY, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF ROCOS HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF ROCOS AND ITS AFFILIATES, OFFICERS, RESELLERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO ONE HUNDRED NEW ZEALAND DOLLARS (NZD$100), IRRESPECTIVE OF WHETHER THIS REMEDY FULLY COMPENSATES YOU FOR ANY LOSSES OR FAILURE OF ITS ESSENTIAL PURPOSE.
8. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT WHERE THAT JURISDICTION APPLIES, THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
9. We may use third party suppliers to provide necessary hardware, software, networking, connectivity, storage and related technology required to provide Rocos. The acts and omissions of those third party suppliers may be outside of our control, and we do not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.
INDEMNIFICATION
1. To the extent permitted by law, you will defend Rocos against any cost, loss, damage, or other liability arising from any third party demand or claim that any content, data or information provided by you, or your use of the Site or Services:
  1. infringes a registered patent, trademark, or copyright of a third party, or misappropriated a trade secret (to the extent that such misappropriation is not the result of Rocos’s actions); or
  2. violates any applicable law or these Terms.
2. Rocos will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.
CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION
1. By providing your details to use the Site or Services, you agree to us sending you information regarding the Site or Services and other promotional material in accordance with the Privacy Policy, such as:
  1. notices about use of the Site or Services, including notices of violations of use;
  2. updates to the Site or Services and new features or products; and
  3. promotional information and materials regarding Rocos’s products and services.
2. You can review your settings in your account to control the messages you receive from us or unsubscribe by following the instructions contained in the message.
3. Notices emailed to you will be considered given and received when the email is sent. If you don’t consent to receive notices (other than promotional materials) electronically, you must stop using the Services.
STORAGE
1. By using and accessing the Site and Services you understand and agree to the storage of any content, data and any other personal information in countries and territories globally. You acknowledge and agree that the Services can be accessed globally and may be subject to laws of the relevant jurisdiction and that nothing prohibits the processing of information by Rocos in any jurisdictions globally.
DISPUTES
1. If you wish to notify us of any dispute you have with us, you should contact us at [email protected]
FEES
1. No fees are currently charged for use of the Site or Services. Rocos may decide to charge in the future for use of the Site and/or Services however you will be informed of any charges before this occurs.
THIS IS A LEGAL AGREEMENT, SO SOME GENERAL PROVISIONS APPLY
1. These Terms are governed by New Zealand law, and you submit and agree to only take any legal action in, the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms. Rocos may take any action in any jurisdiction the New Zealand courts for any matter or dispute arising in relation to these Terms.
2. These Terms (and any additional API conditions or terms of use introduced from time to time) constitute our entire agreement and supersede all prior agreements, arrangements, understandings and representations (whether oral or written) given by or made between us and you, in relation to these Terms or use of the Site or Services.
3. The headings used throughout these Terms are provided for your convenience and do not affect the meaning of these Terms.
4. If any provision of these Terms is found by a court or other competent authority to be invalid, unenforceable or in conflict with the law, that provision is limited or eliminated to the minimum extent so that these Terms otherwise remain in full effect.
5. If we do not exercise or enforce any right available to us under these Terms, it does not constitute a waiver of those rights.
CONTACT US
1. If you have any questions about these Terms, the practices of Rocos, or if you would like to give us feedback or notice, you can contact us in the following ways:
  
  Email: [email protected]
  Post: Level 3, 10 Customs St East, Auckland 1010, New Zealand