RoboShadow Portal Terms of Use

These Terms Of Use Were Last Updated: 20th July 2023

Who we are and how to contact us

The RoboShadow Platform, hosted on www.roboshadow.com is a service operated by Robo Shadow Ltd ("We", “Us” and “Our”). We are registered in England and Wales under company number 10726476. Our main trading office is 64 Great Eastern St, London, EC2A 3QR.

To contact us, please email hello@roboshadow.com telephone our customer service line on +44 20 300 53729

Definitions

“Site”, “Website” – www.roboshadow.com, portal.roboshadow.com and any associated pages or subdomains.

“RoboShadow Platform”, “Platform”, “Portal”, “Service”, - The RoboShadow Portal accessed via portal.roboshadow.com, including scanning tools, reports and other elements of the interface presented to you. Any other service we provide to you through the Platform or via other communication methods.

“You” – Yourself as an individual, your employees, subcontractors and affiliates.

“We”, “Us”, “Our” – Robo Shadow Limited

Acceptance of these Terms

By registering an account with us, or otherwise registering to use the platform, download applicable software then, you, your employees, subcontractors and affiliates confirm that you understand and accept these terms of use and that you agree to comply with them. These Terms of Use form a binding contract between you and us when accepted by you.

If you do not agree to these terms, you must not use our platform.

We recommend that you print a copy of these terms for future reference.

 By using our platform, you confirm that you are a business customer and not a consumer. We reserve the right to request proof of business status at any time, and we may refuse service to any user who cannot provide satisfactory proof of their business status.

If you are not a legitimate business, then you use the Platform at your own risk, and access may be revoked at any time.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our services:

• Our Privacy Policy which sets out how we use your information. 
• Our Cookie Policy which sets out information about the cookies on our site and platform.
• Our Website Terms and Conditions 
• Our End User License Agreement which is applicable if you download our agent.
  
  
  

We may make changes to these terms

Please be advised that these terms of use may be changed, modified, supplemented and updated by Robo Shadow Limited, at any time. It is your responsibility to periodically review these terms of use for any updates or changes.

Any updates to, or replacements of, the Terms will be in effect for any new, renewal, and free subscriptions. When using the Portal for free, such as the Free Trial or free subscription tier, you will be bound by any changed, modified, supplemented or updated Terms if you choose to continue to use the portal for free after such changes to the Terms as posted.

We will provide an update to all of our users via email when our terms and conditions have been updated, and the continuation of platform users is interpreted as consent to the updated terms. Users have the right to reject these changes within 30 days of update to be eligible for a 30 day refund on their subscription, and a termination of their account.

We may make changes to our Platform

We may update and change our platform from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes but this is not always possible.

If you are Professional or Enterprise Customer and these changes affect your enjoyment or usage of the platform, then you have 30 days after a change is implemented to request a cancellation for your subscription and a refund for 30 days of usage. You can request this by emailing hello@roboshadow.com

We may suspend or withdraw our Platform

Our platform is made generally available free of charge, with certain features available on a premium subscription.

We do not guarantee that our platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

In the event that the service we provide is unavailable and you have paid for a premium version of the service, then we will refund you for any time that the platform was unavailable from until the date the service was restored. You can request this refund by emailing hello@roboshadow.com

We are not responsible for websites we link to

Where our Platform contains links to other sites, data and resources provided by third parties, these links and data are provided for your information only. Such links and data should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources, and do not make any warranty or guarantee that this information is accurate or available.

We may terminate or suspend your account.

We reserve the right to suspend access to and use of the Platform as it may deem appropriate in response to actual or suspected violations of these Terms. We may also suspend or terminate access if we suspect that you are using the platform to engage in malicious or illegal activity. You agree that we will not be liable to you nor to any third party for any suspension of the Platform under such circumstances.

User-generated content is not approved by us

Our website and platform may include information and materials uploaded by other users of the platform, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our platform do not represent our views or values, and we make no warranty or guarantee of the information provided by our users.

If user has uploaded something to our website that is illegal or harmful then please report this to hello@roboshadow.com so that this can be taken down within 24 hours.

Liability Exclusions

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

We exclude all implied conditions, warranties, representations or other terms that may apply to our site, platform or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our platform; or
• use of or reliance on any content displayed on our platform.

In particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
  
  
  

Liability Regarding Security Breeches

Our data in RoboShadow is stored exclusively in AWS Ireland, with the exception of the authentication which is maintained in Google Firebase, and the Windows Agent .net Core with limited 3rd party libraries. As such, we are able to maintain an enterprise-grade level of security. However, in the event that we experience any issues related to 3rd party services that we use for access or in the event of a breach, you agree that you shall not hold us liable for any damages, losses or claims arising therefrom. It is your responsibility to ensure that you comply with all applicable laws and regulations in relation to the use of our services, and you agree to indemnify and hold RoboShadow harmless against any claims, damages or liabilities arising from your use of our services.

Force Majeure

We will not be liable for any failure or delay in performance if such failure or delay arises from any cause or causes outside of our control including but not limited to utility or transmission failures, power failure, strikes or other labour disturbances, acts of God, acts of war or terror, pandemics, floods, sabotage, fire, natural or other disasters.

Liability Regarding Software

We cannot guarantee any specific results, effects, or performance as suggested or specified by any party prior to implementing any actions. By utilizing the Portal and its associated services, you acknowledge and agree that we shall not be held liable for any delays, errors, issues, or adverse effects, including instability, that may arise from actions or omissions related to your computer systems.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

Please note that we use technical data to build the reports and dashboards features in the Robo Shadow Portal. Below is a high level summary:

Technical Data: includes Internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.

Depending on what scanners and services you use within the Robo Shadow platform we also take machine specific and cloud account data to enable you to use the platform to enhance your Cyber Security Posture.

We accept no responsibility or liability for any data breach within RoboShadow which ends up in your personal or business data (some of which maybe pulled into Robo Shadow from 3rd party cloud accounts you choose to connect within the Robo Shadow platform) becoming available in the public domain.

Status of Reports and Certificates

Please note that certain documents provided on our site and downloadable via the Portal may be labelled as reports or certificates, however, these labels are for descriptive purposes only and should not be construed as a representation, warranty, or guarantee of any kind, either express or implied.

While we make every effort to ensure the accuracy and completeness of these documents, they are provided solely for informational purposes and are not intended to provide any assurances or guarantees regarding the subject matter contained therein.

We hereby disclaim all warranties, whether express or implied, including but not limited to any warranties of merchantability or fitness for a particular purpose, and we shall not be liable for any damages arising from the use of or reliance on these documents, including but not limited to any direct, indirect, incidental, special, or consequential damages.

Interpretation of Alerts

Please note that the platform is designed to provide alerts to users based on certain pre-defined criteria and parameters. While we make every effort to ensure the accuracy and timeliness of these alerts, we cannot guarantee their completeness or reliability.

We hereby disclaim all liability for any damages, losses, or expenses that may arise from the use of or reliance on these alerts, including but not limited to any direct, indirect, incidental, special, or consequential damages. By using the platform, you acknowledge that the alerts are provided solely for informational purposes and that you are solely responsible for any actions taken based on these alerts. You also acknowledge that we are not liable for any errors, omissions, or delays in the transmission of these alerts.

Provision of Support

To ensure a top-notch service, we offer customer support through email at hello@roboshadow.com or via the 'Get support' button on our platform. By reaching out for assistance through either channel, you agree to allow us access to your data in order to provide you with support. Support may be fulfilled by an employee, contractor or otherwise engaged 3^rd Party Provider. We may share relevant information with them to facilitate your case, which you agree to.

Please note that our support service is intended to assist with platform usage, bugs, and issues and is not intended to provide Cyber Security consultancy.

Free Trials

We offer limited-time trial options of our Professional and Enterprise subscriptions, which will allow you access to features otherwise requiring payment for a limited amount of time, specified when you start the free trial. We have no obligation to offer any further periods of free usage, and any extension of trials are offered at our own discretion. Free trials have no monetary value, and are not eligible for any refund or reimbursement for any reason.

Your Obligations when using our Platform

You must keep your account details safe

To use or access our Platform, you must have a valid RoboShadow account. You will be prompted on our website or contacted by email to create an account or login to the platform.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party or share your account with any other employee within your organisation.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@roboshadow.com 

How you may use material on our platform

You may print off one copy, and may download extracts, of any page(s) from our site and platform for your personal use and you may draw the attention of others within your organisation to content posted on our platform

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our platform must always be acknowledged.

You must not use any part of the content on our platform for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our platform in breach of these terms of use, your right to use our platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Use of the Cyber Advanced Partner Logo

If you have been granted express permission by us via email or letter to use and brand the partner logo, you are authorized to do so subject to the following conditions.

Any use of the Cyber Advanced Partner Logo must be in a manner that maintains and enhances the positive reputation of our brand and must not seek to damage or disparage it in any way.

You agree to comply with all applicable laws and regulations in connection with the use of the RoboShadow Partner Logo and to refrain from using the logo in any way that could mislead or deceive consumers.

We reserve the right to revoke your permission to use the RoboShadow Partner Logo at any time if we determine, in our sole discretion, that your use of the logo is not in compliance with these terms and conditions or otherwise detrimental to our brand. We do not permit any of your clients to sue us based on the information we provide, your affiliation with RoboShadow, or any legal issues that arise between you and your clients in relation to any cybersecurity issue. It is your responsibility to ensure that you comply with all applicable laws and regulations in relation to the provision of cybersecurity services, and you agree to indemnify and hold RoboShadow harmless against any claims, damages, or liabilities arising from your provision of such services.

Do not rely on information on our Platform

The content on our platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our platform.

We understand that our platform may be used by professionals in various industries who may provide services to their own clients. If you choose to use information obtained from our platform to provide a service to your clients, please note that we cannot be held responsible or liable for any outcome of such services. It is your responsibility to ensure that you have obtained the necessary professional or specialist advice before taking any action based on the information on our platform.

Although we make reasonable efforts to update the information on our platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date. Therefore, we cannot be held liable for any direct or indirect damages or losses resulting from the use of our platform or its content. By using our platform, you acknowledge and agree that any decisions or actions taken based on the information on our platform are at your own risk and that we will not be held liable for any consequences that may arise.

It should be noted that certain third-party data, including but not limited to data derived from Shodan and Microsoft, is utilized throughout our platform. We do not accept any responsibility or liability for any issues arising from the quality or accuracy of such third-party data. Any reliance upon or use of such third-party data is undertaken at your own risk, and we make no representations or warranties regarding the completeness, accuracy, timeliness, or reliability of any such data.

Acceptable Use

When you upload or post content to our platform, you agree that you will not:

• Upload any image, text or data that is illegal or harmful in nature. This includes, but is not limited to, pornography, hate speech, and content that promotes violence or discrimination. Any user found violating this rule may be subject to immediate account termination and legal action if deemed necessary. We reserve the right to remove any such content without notice or explanation.
• Misrepresent our company in any way when using our reports or services. This means that you may not use our platform to promote false or misleading information about our company or our products and services. Additionally, you may not use our reports or services to make false claims or promises about the outcome or results of using our platform. Any user found to be engaging in such misrepresentation will be subject to immediate account termination and legal action if necessary. We take our company's reputation very seriously, and we expect our users to do the same.

Intellectual Property and Rights

When you upload or post content to our platform, you grant us the following rights to use that content:

• a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service, to expire when the user deletes the content from the platform.
• a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content in accordance with the functionality of the site, to expire when the user deletes the content from the platform.
  

Trademarks and Intellectual Property

We are the owner or the licensee of all intellectual property rights in our platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Roboshadow and Robo are registered trademarks in the United Kingdom (Registration Number UK00003347019) and the United States of America (Registration Number 6,010,347). The use of these trademarks without our prior written consent is strictly prohibited. Any unauthorized use of these trademarks may result in legal action. We take the protection of our intellectual property rights very seriously and will pursue all legal remedies available to us to protect our trademarks.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our platform and services will be secure or free from bugs or viruses or security threats, although we follow a strict security protocol to prevent this from happening.

You are responsible for configuring your information technology, computer programmes and platform to access ourservices. You should use your own virus protection software.

You must not misuse our services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our platform, the server on which our platform and data is stored or any server, computer or database connected to our services. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our platform will cease immediately.

Payment Terms 

All payments made on our platform will be processed via Stripe, a secure and reliable payment gateway. By using our platform, you agree to Stripe's terms and conditions, which can be found on their website. We do not store or have access to any payment details or information provided by our users during the payment process.

We do not have control over the security measures implemented by Stripe and cannot be held liable for any security breaches, issues, or losses arising from the use of Stripe for payment processing. By making payments through Stripe, you acknowledge and accept that any risks associated with the security of your payment information are solely your responsibility and that we are not liable for any such incidents.

Taxes

Please be advised that it is solely your responsibility to ensure that you have fulfilled any and all tax obligations associated with purchases made on our platform. As a business-to-business (B2B) product and a VAT-registered entity in the United Kingdom, we are obligated to charge Value Added Tax (VAT) to any customers who are UK-based businesses. It is incumbent upon any business users located outside of the UK to ensure that they have duly satisfied any tax liabilities required under their local laws and regulations. We accept no liability for any failure on your part to satisfy any such tax obligations, nor for any resulting penalties, fines, or other consequences thereof.

Refunds

We strive to provide high-quality products and services to our users, but we understand that there may be situations where you are not completely satisfied with your purchase. Therefore, we offer a refund policy for our products: If you are unsatisfied with a product purchased on our platform, you may request a refund within 90 days from the date of purchase. To request a refund, please contact hello@roboshadow.com 

Please note that after 90 days from the date of purchase, we cannot issue refunds for any reason. Additionally, we reserve the right to refuse a refund if we determine, in our sole discretion, that the request does not meet our refund criteria.

Price Changes

We reserve the right to increase the prices for any of our services at any time. Whilst it’s our intention to not increase pricing for existing customers, this is not always possible due to external factors.

As an existing customer you will have 30 days grace on the previous pricing. If you do not agree with the price increase, you may terminate your agreement with us within 30 days of receiving the notice of the price increase. Failure to terminate the agreement within this timeframe shall be deemed as acceptance of the new pricing.

Product Availability

We reserve the right to discontinue any product or service that you have paid for at any time, for any reason In such an event, we will refund you any amounts paid for the discontinued product or service for the remaining term of your subscription. We will not be liable for any damages, losses, or claims arising from the discontinuation of the product or service.

Which country's laws apply to any disputes?

You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.