Rocos Terms of Use
- WELCOME TO ROCOS! THESE ARE OUR TERMS
- 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.
- 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.
- These Terms are a legally binding contract
between you and Rocos so please read them
carefully.
- 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.
- 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.
- 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.
- 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.
- 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
- 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
- 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.
- 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.
- Without limiting clause 3.1 , in particular, you
agree not to:
- 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;
- 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;
- introduce any viruses, content or code
that is or has the potential to be
technologically harmful;
- do anything that could disable,
overburden, or impair the proper working
of the Site or Services, such as a
denial of service attack;
- use the Site or Services to do anything
unlawful, misleading, malicious, or
discriminatory;
- 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;
- modify or remove any Rocos logos, links
or other branding when using the Site or
Services;
- facilitate or encourage any violations
of these Terms; or
- attempt to do any of the above.
- 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.
- 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.
- 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.
- 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:
- limit your activities on the Site and/or
Services;
- issue a warning to you;
- suspend or cancel your access to the
Site and/or Services;
- 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
- 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
- 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.
- 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.
- We will provide customers impacted with:
- full details of the breach, including
the categories and approximate number
of:
- data subjects concerned;
- personal information records
affected;
- if known, details of the likely
consequences of the breach;
- full details of how the breach
is being investigated; and
- the mitigation and remedial
steps already put in place and
to be put in place.
-
YOUR FREE TRIAL
- 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
- 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.
- 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.
- 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.
- 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
- You can cancel your account at any time by
emailing us at [email protected]
- 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.
- 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.
- 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.
- 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
- 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.
- Unless you have received our prior written
permission, you agree not to, and will not
permit or encourage any third party to:
- 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
- commercialise, copy or on-sell any
information or materials obtained from
any part of the Site or Services.
- You may not publish or use the Rocos brand,
branding or logos without our prior written
permission.
- 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.
- 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:
- 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.
- 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.
- 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.
- 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.
- 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.
- We do not:
- take any responsibility;
- expressly or implicitly endorse; and /
or;
- assume any liability for,
any content, data or information submitted by
you to us.
-
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
- 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.
- 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.
- 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
- 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”)
- 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.
- 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
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- TO THE EXTENT PERMITTED BY LAW, ROCOS AND ITS
AFFILIATES (AND ASSOCIATED SERVICE PROVIDERS):
- PROVIDE THE SERVICES ON AN “AS IS”,
“WITH ALL FAULTS” AND “AS AVAILABLE”
BASIS;
- 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
- 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.
- 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.
- 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.
- 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.
- 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
- 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:
- 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
- violates any applicable law or these
Terms.
- Rocos will reasonably notify you of any such
claim or demand that is subject to your
indemnification obligation.
-
CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION
- 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:
- notices about use of the Site or
Services, including notices of
violations of use;
- updates to the Site or Services and new
features or products; and
- promotional information and materials
regarding Rocos’s products and services.
- 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.
- 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
- 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
- If you wish to notify us of any dispute you have
with us, you should contact us at
[email protected]
-
FEES
- 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
- 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.
- 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.
- The headings used throughout these Terms are
provided for your convenience and do not affect
the meaning of these Terms.
- 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.
- 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
- 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