Terms and Conditions

Terms of Use

These Terms of Use constitute a binding agreement (the "Agreement") between you and Roboteer (referred to as "Parties", each a "Party") and govern your use of our Services. Your use of the Services is confirmation of your acceptance of the terms of this Agreement, so make sure that you read and understand it beforehand. By using the Services and accepting this Agreement, you confirm that you have the capacity to legally bind the customer (as defined below).

1. Definitions

"Agreement" means this Terms of Use agreement

"Customer" / "you" / "your" means the company or any individual including employees or equivalent contractors that has, accesses, or directs the use of, any of the Services provided by Roboteer.

"Services" means the services to be provided by Roboteer under this agreement

"Roboteer" / "we" / "us" is Roboteer Automation Limited (Company Number 15185702), registered office address 15 Bridge Road, Wellington, Telford, England, TF1 1EB.

2. Important

2.1 If you sign on for our Services on behalf of your employer/similar contractor, you confirm that you have the necessary authority or permission to do so, your employer/similar contractor will be deemed the customer and references to "you" will include both you as individual and the customer.

2.2 We reserve the right to make changes to the Services or the Agreement without notice. We will notify you of material changes via email or telephone and the updated Agreement will be effective immediately unless otherwise specified in the notification. If you continue to use the Services after any change has taken effect, Roboteer assumes that you have agreed with said change. Your only remedy for dissatisfaction hereunder is to stop using the Services.

3. Confidentiality

3.1 Both parties undertake that each shall not at any time during this agreement use in any way or disclose any of the other party's Confidential Information except as expressly permitted by, or required to enable it to perform its obligations under, these Terms of Use, and will take reasonable precautions to protect the confidentiality of such information, which precautions shall be at least as stringent as those it takes to protect its own Confidential Information.

3.2 Both parties may disclose Confidential Information:

  • to its employees, agents, consultants or subcontractors as need to know such information for the purpose of discharging its obligations under this agreement. The party in receipt of such information shall ensure that its employees, agents, consultants or subcontractors to whom it discloses the Confidential Information comply with this; and
  • as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

4. Liability

4.1 Exclusions

To the maximum extent permitted by applicable law, in no event will Roboteer be liable for any special, indirect, moral, consequential, incidental, punitive or exemplary damages, the use or inability to use the Services, computer malfunction or failure, server down time, failure of the Services to operate with other programs, loss of profits, reputation, use or revenue, loss or corruption of data, or interruption of business, regardless if the Roboteer Party was aware of the likelihood of such damages occurring, and whether such liability is based on contract, tort, negligence, strict liability, products liability or otherwise. For the avoidance of any doubt, under no circumstances may any Roboteer Party be liable for any claims of any kind and nature that may be asserted, granted, or imposed against, directly or indirectly, arising from, or in connection with, your Content, your failure to comply with the Agreement or use of your account.

4.2 Limitation of Damages

Your exclusive remedy against Roboteer, for each and all claims, actions, proceedings and damages (individually and together), arising out of, or in connection with, the Agreement, and including where the warranty exclusions above are not valid or permitted under the applicable law, is limited up the higher of (i) 100 (one hundred) GBP or (ii) the value of the consideration you paid for the month during which the loss or breach occurred. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses and even if Roboteer knew or should have known about the possibility of the damages or the likelihood of their occurrence.

4.3 Indemnification

You will indemnify any Roboteer Party, defend, and hold them harmless, against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of, or relating to any claims based on, (i) your, and your users' use or attempted use of the Services in violation of the Agreement; (ii) your violation of the applicable law or rights of any third party; (iii) your Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights;

5. Termination

5.1 Either party may terminate this Agreement at any time by giving written notice to the other party. Upon termination, you will no longer have access to the Services.

5.2 Upon termination, all rights and obligations under this Agreement will cease, except that any provisions that by their nature should survive termination will remain in effect.

6. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.

7. Entire Agreement

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between the parties.

8. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

9. Waiver

The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision of this Agreement.

10. Email Delivery and Spam Considerations

Roboteer acknowledges that email deliverability and spam classification are complex issues influenced by various factors beyond our direct control, including recipient email client settings, ISP policies, and user behavior patterns. While Roboteer will use reasonable efforts to ensure emails are delivered successfully and not marked as spam, we cannot guarantee 100% deliverability or that emails will not be classified as spam by any recipient's email system.

For each Service provided, Roboteer shall employ industry best practices and tools to enhance email deliverability and ensure optimal display upon receipt. Where feasible, Roboteer shall send emails from the client's domain and manage the send rates to minimise the likelihood of emails being classified as spam. Notwithstanding these efforts, due to the variability of email clients and browsers, Roboteer cannot guarantee a specific threshold for the proportion of emails that may be marked as spam. Furthermore, while Roboteer will endeavour to optimise emails for proper rendering across a wide range of email clients and browsers, uniform appearance across all platforms cannot be assured.

11. Support and Service Levels

11.1 Support hours

Roboteer will provide customer support via email or Slack during normal business hours, Monday to Friday, 9:00 AM to 5:00 PM GMT, excluding UK public holidays. Support requests received outside of support hours will be addressed on the next business day.

11.2 Response times

Roboteer shall use reasonable efforts to respond to support requests within one (1) business day for standard issues and within four (4) hours for urgent issues that result in a complete loss of service, provided such requests are made during the support hours defined above. Initial response may include acknowledgment of the issue and an estimate for resolution.

11.3 Resolution and escalation

Roboteer will work diligently to resolve reported issues. Issues will be classified by severity, and higher-severity issues will be prioritised. If an issue cannot be resolved immediately, Roboteer will inform the Customer of the progress and may escalate the problem internally to meet the service obligations.

11.4 No 24/7 guarantee

Except as explicitly agreed in writing, Roboteer's support is not available 24/7. Any enhanced support coverage (such as weekend or out-of-hours support) may be provided only by separate agreement and will incur additional fees.

Data Processing Addendum

This data processing addendum (the "DPA") is dated on the date you start using the Services and made between:

  1. Roboteer (the "Data Processor")
  2. The Customer (the "Data Controller" and, together, "the Parties").

Definitions

Any capitalised terms not defined within this DPA shall have the same meanings as set out in the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 together with the Data Protection Act 2018 (the "UK GDPR")

Terms

  1. The Data Processor will provide the Services as set out in this Agreement and made between the Parties.
  2. The Data Processor confirms that it will only act on the Data Controller's documented instructions (unless required by law to act without such instructions).
  3. The Data Processor will ensure that anyone processing the data (whilst this data is in the control of the Data Processor) is subject to a duty of confidence. For the avoidance of doubt, this will cover the Data Processors employees, temporary workers and agency workers.
  4. The Data Processor will take appropriate measures to ensure the security of the processing carried out.
  5. Any sub-processor engaged by the Data Processor will impose the same safeguards to the Data Controller's data as set out in Article 28(3) of the UK General Data Protection Regulation ("UK GDPR"). Our subprocessors can be viewed at www.roboteer.co.uk/subprocessors
  6. The Data Processor will take appropriate measures to help the Data Controller to respond to requests from data subjects to exercise their rights.
  7. Taking into account the nature of processing and the information available, the Data Processor will assist the Data Controller in meeting its UK GDPR obligations in relation to the security of processing, the notification of personal data breaches, and data protection impact assessments.
  8. The Data Processor must delete or return all personal data to the Data Controller (at the Data Controller's choice) when this Agreement is terminated, and the Data Processor must also delete existing personal data unless the law requires its storage.
  9. The Data Processor will provide the Data Controller with all the information needed to show that the obligations under Article 28 UK GDPR have been met. The Data Processor will also contribute to any audits and inspections carried out by the Data Controller, or by an auditor appointed by the Data Controller.