Robolytix Terms of Service
These Robolytix Terms of Service (“Agreement”) are entered into Robolytix.com a.s. (“Robolytix”) and the entity executing this Agreement (“Customer”). This Agreement governs the use of the Robolytix (the “Service”). BY CHECKING THE “I agree to the Robolytix Terms of Service” BOX, COMPLETING THE SIGN UP PROCESS OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THIS AGREEMENT AND ARE AUTHORISED TO ACT ON BEHALF OF, AND BIND TO THIS AGREEMENT, THE OWNER OF THIS ACCOUNT. In consideration of the foregoing, the parties agree as follows:
Definitions
“Account” refers to the billing account for the Service.

“Robots” are automated processes to enable collaboration software systems called Robotic Process Automation („RPA“).

"Customer Data” or “Robolytix Data” means the data that you collect, process or store using the Service concerning the characteristics and activities of Robots.

“SONAR” is control point inserted into the robotic process. SONAR can be implemented into RPA tools and as open code into any other system.

“Processing Software” means the Robolytix server-side software and any upgrades, which analyses the Customer Data and generates the Reports.

“Software” means the SONAR and Processing Software.

“Report” means the resulting analysis shown at https://app.robolytix.com for a Profile.

“Documentation” means any accompanying documentation made available to Customer by Robolytix, including any documentation available online.

“Third Party” means any third party to which Customer provide access to his Account or for which Customer uses the Service to collect information on the third party’s behalf.

Fees and Service
Subject to Section 12, the Service is provided without charge to Customer until the use of the service in any of the parameters exceeds the limit set for the free version. The limits for the free version and the parameters for using paid versions are listed at https://www.robolytix.com/pricing. If the Customer switches his Account to a paid version, the payment is made monthly or yearly in advance by subscription billing method. Robolytix may change its fees and payment policies for the Service from time to time. The changes to the fees or payment policies are effective upon Customer acceptance of those changes which will be posted at https://www.robolytix.com/pricing. Unless otherwise stated, all fees are quoted in US Dollars.
Member Account, Password and Security
To register for the Service, Customer must complete the registration process by providing Robolytix with current, complete and accurate information as prompted by the registration form, including his e-mail address (username) and password. Customer will protect his passwords and take full responsibility for his own, and third-party, use of his accounts. Customer is solely responsible for any and all activities that occur under his Account. Customer will notify Robolytix immediately upon learning of any unauthorised use of his Account or any other breach of security. Robolytix’s support staff may, from time to time, log in to the Service under customer password in order to maintain or improve service, including to provide him assistance with technical or billing issues.
Nonexclusive Licence
Subject to the terms and conditions of this Agreement,
4.1. Robolytix grants to Customer a limited, revocable, non-exclusive, non-sub-licensable licence to install, copy and use the SONARS solely as necessary for Customer to use the Service on his Properties or Third Party's Properties; and

4.2. Customer may remotely access, view and download his Reports stored at https://app.robolytix.com. Customer will not (and Customer will not allow any third party to)

(I) copy, modify, adapt, translate or otherwise create derivative works of the Software or the Documentation;

(II) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, except as expressly permitted by the law in effect in the jurisdiction in which Customer is located;

(III) rent, lease, sell, assign or otherwise transfer rights in or to the Software, the Documentation or the Service;

(IV) remove any proprietary notices or labels on the Software or placed by the Service;

(V) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software; or

(VI) use data labelled as belonging to a third party in the Service for purposes other than generating, viewing and downloading Reports. Customer will comply with all applicable laws and regulations in Customer use of and access to the Documentation, Software, Service and Reports.

Confidentiality
Neither party will use or disclose the other party’s Confidential Information without the other’s prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order; in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information.
Information Rights and Publicity
Robolytix may retain and use information collected in Customer use of the Service. Robolytix will not share Customer Data or any Third Party’s Customer Data with any third parties unless Robolytix
1.1. has consent for any Customer Data or any Third Party’s consent for the Third Party’s Customer Data;

1.2. concludes that it is required by law or has a good faith belief that access, preservation or disclosure of Customer Data is reasonably necessary to protect the rights, property or safety of Robolytix, its users or the public; or

1.3. provides Customer Data in certain limited circumstances to third parties to carry out tasks on Robolytix’s behalf (e.g. billing or data storage) with strict restrictions that prevent the data from being used or shared except as directed by Robolytix. When this is done, it is subject to agreements that oblige those parties to process Customer Data only on Robolytix’s instructions and in compliance with this Agreement and appropriate confidentiality and security measures.

Third Parties
If Customer use the Service on behalf of the Third Party or a Third Party otherwise uses the Service through his Account, whether or not Customer is authorised by Robolytix to do so, then Customer represent and warrant that.
7.1. You are authorised to act on behalf of, and bind to this Agreement, the Third Party to all obligations that You have under this Agreement,

7.2. Robolytix may share with the Third Party any Customer Data that is specific to the Third Party’s Properties, and

7.3. Customer will not disclose the Third Party’s Customer Data to any other party without the Third Party’s consent.

Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, ROBOLYTIX MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT.
Limitation of liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ROBOLYTIX WILL NOT BE LIABLE FOR YOUR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ROBOLYTIX HAVE BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. ROBOLYTIX’STOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED $100 (USD).
Proprietary Rights Notice
The Service, which includes the Software and all Intellectual Property Rights therein, is and will remain, the property of Robolytix. All rights in and to the Software not expressly granted to Customer in this Agreement are reserved and retained by Robolytix and its licensors without restriction, including, Robolytix’s right to sole ownership of the Software and Documentation. Without limiting the generality of the foregoing, Customer agrees not to (and not to allow any third party to):
10.1. sub-license, distribute or use the Service or Software outside of the scope of the licence granted in this Agreement;

10.2. copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble or decompile the Software or otherwise attempt to discover any source code or trade secrets related to the Service;

10.3. rent, lease, sell, assign or otherwise transfer rights in or to the Software or the Service;

10.4. use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software;

10.5. use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of Robolytix;

10.6. register, attempt to register or assist anyone else to register any trademark, trade name, serve marks, logos and other distinctive brand features, copyright or other proprietary rights associated with Robolytix other than in the name of Robolytix;

10.7. remove, obscure or alter any notice of copyright, trademark or other proprietary right appearing in or on any item included with the Service; or

10.8. seek, in a proceeding filed during the term of this Agreement or for one year after such term, an injunction of any portion of the Service based on patent infringement.

Term and Termination
Either party may terminate this Agreement at any time with notice. Upon any termination of this Agreement, Robolytix will stop providing, and Customer will stop accessing the Service; and Customer will delete all copies of the SONARs from all Properties and certify thereto in writing to Robolytix within 3 business days of such termination. In the event of any termination
11.1. You will not be entitled to any refunds of any usage fees or any other fees, and

11.2. any outstanding balance for Service rendered through the date of termination will be immediately due and payable in full and

11.3. all of Customer historical Report data will no longer be available to Customer.

Modifications to Terms of Service and Other Policies
Robolytix may modify these terms or any additional terms that apply to the Service to, for example, reflect changes to the law or changes to the Service. Customer should look at the terms regularly. Robolytix will post notice of modifications to these terms at https://www.robolytix.com/terms-of-service. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted. If Customer does not agree to the modified terms for the Service, Customer should discontinue his use of Robolytix. No amendment to or modification of this Agreement will be binding unless
12.1. in writing and signed by a duly authorised representative of Robolytix,

12.2. Customer accept updated terms online, or

12.3. The Customer continues to use the Service after Robolytix has posted updates to the Agreement or to any policy governing the Service.

Miscellaneous, Applicable Law
This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between You and Robolytix concerning its subject matter and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. This Agreement and any and all contractual and non-contractual obligations arising under or in connection with this Agreement shall be governed by the laws of the Czech Republic. Any notices to Robolytix must be sent to Robolytix.com a.s., Krejpskeho 1529/3, 149 00 Prague 4, Czech Republic. You may not assign or otherwise transfer any of Your rights in this Agreement without Robolytix’s prior written consent, and any such attempt is void.
Last Updated 6 May 2019