TERMS & CONDITIONS

Terms & conditions

1. Context

1.1. This website is provided by RPABOX AUTOMATION S.R.L., a limited liability company, headquartered in Bucharest, Sector 2, 13 Barbu Vacarescu Street, Romania (“RPAbox”, “we” or “us”), who provides certain professional services in connection with robot process automation software (the “Services”).

1.2. The present terms of use incorporate our Privacy Policy (together, the “Terms of Service”) and are deemed to govern your use of this website and the Services we.

1.3. The term “you” shall be construed and interpreted as to refer to any person (whether an individual or an entity of any type and wherever located) accessing this website or having access to the Services provided by us.

1.4. The Terms of Service shall govern the relationship between RPAbox and you and shall only be superseded or varied by an agreement executed between RPAbox and you.

1.5. Notwithstanding these Terms of Service, you must at all times comply with the applicable law, including and without limitation to any and all national and international laws, restrictions, and regulations that may govern the import, export, and use of the Services.

1.6. Please read the Terms of Service and contact us if you need further assistance.

2. Information and Security

2.1. You understand and agrre any provision of personal data by you to us shall be governed by our Privacy Policy.

2.2. Any information you provide us for the purpose of accessing this website, or receiving any Services from us, must be complete and accurate.

2.3. In case you have reasonable suspicion that your data has been compromised with the occasion of the provision of Services, please inform us immediately at contact@rpabox.com.

3. Use of Services

3.1. With the occasion of the provision of Services and in relation to your use of this website, you must always ensure compliance with these Terms of Service.

3.2. Notwithstanding these Terms of Service, you must at all times comply with the applicable law, including and without limitation to any and all national and international laws, restrictions, and regulations that may govern the import, export, and use of the Services.

3.3. In providing our Services, we are keen on ensuring legal compliance with the applicable laws and make best efforts to not affect any third party’s interests. In the context hereof, you must ensure not to:

(i). tamper with, and breach, any of our or another’s, systems or networks;
(ii). use, introduce or otherwise distribute any viruses, trojan horses or other type of malware, into our or another’s systems;
(iii). promote content or activities that are deemed illegal;
(iv). harass, threat or in any way hurt, others;
(v). breach or otherwise violate any rights of any third party;
(vi). breach any obligations you have under the law or contract;

(vii). share your sensitive data in a manner that puts you at risk;
(viii). trade, sell or misuse any content under the Services; or
(ix). otherwise breach, or encourage any breach of, these Terms of Service.

4. Commercials

4.1. Fees. Our Services are provided on account of certain fees to which we reserve the right to amend in our sole discretion.

4.2. Refunds. Refunds for prepaid Services may only be available in accordance with
(i) mandatory law and/or parties’ written understanding, and except as provided thereof, in no situation will you be entitled to claim any refunds from us.

5. Limited Warranty

5.1. Our Services are provided on an “as is” basis. Neither RPAbox nor any of its affiliates, suppliers, shareholders, officers, directors, employees, agents or any other type of representative (“RPAbox Persons”) makes any express or implied representation or gives any warranty with respect to the Services.

5.2. Furthermore, and without any prejudice to the aforementioned, any implied warranty, merchantability, including but without limitation to, fitness for a purpose, or arising from a course of dealing or usage of trade are expressly excluded and disclaimed hereof. RPAbox makes no warranty as to:

(i) use of the Services being error free or uninterrupted, or

(ii) errors or defects in the Services being corrected, or

(iii) functionality of the Services meeting your requirements.

6. Indemnification

6.1. You shall be liable towards RPAbox and any RPAbox Person for any breach under these Terms of Service.

6.2. You shall indemnify, defend and hold us or any RPAbox Persons harmless against any loss, damage, fine and expense (including fees due to attorneys or service of process) arising out of, or in relation to, any claims based on:

(i). your use of the Services;
(ii). your breach of these Terms of Service.

7. Limited Liability

7.1. To the extent not prohibited by the applicable law, under no circumstances whatsoever will RPAbox or any RPAbox Person be liable to you or any other person (whether an individual or an entity of any type) in contract, tort, negligence, breach of statutory duty, or otherwise for

(i) any special, incidental, exemplary or consequential damages,

(ii) any (direct or indirect) loss of profits, of production, of anticipated savings, of business, or goodwill,

(iii) any damages resulting from the use of, or inability to use, the Services, or the performance or non-performance of
any Services, including any failure of essential purpose, and irrespective of the basis of such liability, or

(iv) any other liability, damage, costs, or expense of any kind incurred by you or such other person, of an indirect or consequential nature, regardless of any notice of the possibility of these damages.

7.2. To the extent not prohibited by the applicable law, under no circumstances whatsoever will RPAbox or any RPAbox Person be liable for any breach by you or any other person (whether an individual or an entity of any type) of these Terms of Service, including and not limited to, any use of the Services in breach of Section “Use of Services” herein.

7.3. Without prejudice to the above, nothing herein shall limit or exclude any liability of either RPAbox or yourself for gross negligence, intentional misconduct, death or personal injury.

8. Right to audit

8.1. In relation to providing Services to legal persons of any type, RPAbox retains the right to, by appointing its own personnel or a third-party auditor, to audit your premises for the purpose of checking compliance with the terms hereof.

8.2. Any audit shall be subject to:
(i). Confidentiality obligations;
(ii). Prior notice of audit with at least 10 (ten) days;
(iii). Recurrence of no more than once every 12 (twelve) months.

8.3. Upon request from us, you shall deliver any records or documentation of any kind which shall allow us to check whether you comply with these Terms of Service.

8.4. In case the results of the audit show any proof of non-compliance, you shall reimburse us for any costs of whatever nature incurred in relation thereof and we shall have the right to either

(i) terminate the Services, or

(ii) request you to, immediately but not later than 10 (ten) days from our request, cure any such non-compliance.

9. Assignment and Termination

9.1. You may not assign, subrogate or otherwise transfer your rights and/or obligations under these Terms of Service, whether in whole or in part, without our written consent.

9.2. We may transfer our rights and, to the extent not prohibited by the applicable law, any of our obligations herein, and any RPAbox Person may transfer any of its rights that it may have acquired against you herein, to a third party, without need of any formality whatsoever.

9.3. You have the right to stop using the Services at any time.

9.4. Without any prior notice to you, RPAbox may immediately suspend or terminate your right to use the Services if:
(i). you breach these Terms of Service;
(ii). you fail to make timely payment on account of the Services, as agreed between RPAbox and you;
(iii). the provision of Services is, or becomes, unlawful for whatever reason.

10. Governing Law and Dispute Resolution

10.1. The provision of Services and any other terms herein shall be governed by Romanian law.

10.2. For any dispute arising out of, or otherwise in connection with, the Services, you agree to first try to resolve it amicable by contacting us.

10.3. If a dispute is not resolved within 60 days from the submission date, it shall be brought in front of the courts of Bucharest.

11. Statute of Limitation

11.1. To the extent not prohibited by the applicable law, any cause of action arising out of, or related to, the use of the Services or these Terms of Service, must be filed within 1 (one) year after such cause of action arose and the statute of limitation (in Romanian, “termen de prescriptie”) shall be reduced to 1 (one) year.

11.2. As a result, you agree that any such cause of action not filed within such period, is permanently barred.

12. Amendments to the Terms of Service

12.1. RPAbox may modify, vary or terminate these Terms of Service at any time and every such modification, variation or termination shall be effective immediately upon RPAbox updating it on this website or successor website, provided however, that in relation to any material changes hereof, we shall make best efforts to provide you with reasonable notice.

12.2. Any continuation by you to use the Services after any such update shall be deemed as an acceptance of the updated Terms of Service.