Effective as of August 17, 2017
RoksNet Solutions OÜ (hereinafter referred to as «RoksNet», «we», «us» or «our») presents the technology containing software applications for transferring data via the Internet, other software and other services.
By installing and using our technology, applications, services, functions, software or www.roksnet.com website (hereinafter jointly referred to as «the Services»), the User accepts these terms of provision and use of our Services (hereinafter referred to as «the Terms»).
The User is not entitled to install, use the Services, and to provide consent to comply with these Terms in the following instances:
The User has no legal right to use our Services in the country of their stay or residence;
The User has not attained the age which allows them to have the right to enter into a binding legal contract with RoksNet;
The User is not authorized representative of the entity that is to use our Services;
These Terms include auxiliary technical and managerial conditions of use of RoksNet (hereinafter referred to as «the Technical Declaration»), located at: Technical Declaration
The Technical Declaration is an integral part of these Terms. By accepting these Terms the User explicitly agrees with the provisions set out in the Technical Declaration. In case of any inconsistencies between the Technical Declaration and the Terms, the Terms shall take precedence.
offer natural persons or entities (hereinafter referred to as «User», «You», «Your») the opportunity to securely receive or transfer content, data, information, files, instructions via the Internet from/to another User (hereinafter referred to as «the User Content»);
offer specific functionality where the User is allowed to adjust, control, automate access to User Content and save the event log of the User Content usage;
offer the Portal interface to the User for interaction with the User Content;
offer the encryption operation of the User Content usage;
offer RoksNet Trust Services to the Users;
The usage of Standard Features of the Service in Development environment will always be provided to Users free of charge.
The User needs to pay for Support consultations and for registration in Production environment. The list of Services and its cost is available at: www.roksnet.com.
The User needs to pay for the usage of special features of the Services.
Third party products and services, which are connected to RoksNet Service, will be paid for by the User according to the pricelist noted by the third party Service Provider.
The Use of the Services is possible where Internet connection is available. The User himself is responsible for ensuring the Internet connection, and has to pay for it himself under the terms and rules of respective operator or communications provider.
The User should not use the Services improperly. Specifically, the User is not allowed to interfere with operation of the Services, or to get access to the Services by circumventing the standard Adapter interface and our instructions.
The Services should only be used in accordance with statutory regulations, including applicable regulatory acts and rules with regard to export and reexport. If the User breaches these terms and rules, and we suspect the User in the breach, we will have the right to suspend or block User’s access to the Services.
The User is not granted intellectual property rights while dealing with the Services - neither to the Services property, nor to the User Content related to the Services. The User can only use the content if they have special permission from the owner, and where they are entitled to this by the law.
These Terms do not give the User permission to use any element of branding or logos of our Services.
The User should not remove, hide or change legal notifications displayed on the pages of the Services.
The content created and/or downloaded by third parties can be presented in the Services. Such third parties shall be fully responsible for it themselves.
If the User uses our Services we may send the User announcements, messages from the administrator and other information materials. In certain cases the User may refuse receiving these materials.
Restrictions concerning the use of the Services may be in force in some regions. Responsibility for deciding whether the User has legal rights to use the Services in his/her country rests solely on the User.
RoksNet account is needed for using our Services.
The User bears the responsibility for all the actions they take in using the Services when using their RoksNet account and the account property. The User should not tell anyone their account password and the User should not use the same password for other online applications.
While registering in RoksNet Services the User must use accurate and reliable data, enter valid e-mail address and cell phone number. The User should update their information timely by using the respective function in the software application.
The User agrees to receive e-mail messages, SMS-messages and telephone calls (from us or from third parties) with the codes required for registration in our Services.
The User can terminate specific Services or close their RoksNet account at any time, and for any reason. To close RoksNet account the User has to visit www.roksnet.com website. When the User makes the request for closing their RoksNet account we suspend their account for 60 days and then terminate it permanently (all User’s information will be lost).
The User Content transferred through our Services belongs to the User and we have no access to it and cannot read it. Due to P2P decentralization, the data is not transferred through RoksNet servers and is not available for non-authorized persons. Additionally, we have built in functions for end-to-end encryption and other security features to our Services that protects the data.
Our Services provide the User with the opportunity to send and receive User content. With this regard, all intellectual property rights in connection with the information belong to the owner of the content.
Public data of the User’s RoksNet account and the information about user’s activity in RoksNet Services or external applications connected with User’s account (for example, feedback and comments) can be used for commercial purposes including advertisement. If the User sends us feedback and proposals concerning their interaction with the Services, we reserve the right to use these without referring to the author.
RoksNet is not the source of the User Content that is transferred through the Services. It does not examine or approve it, and does not bear any responsibility for the User Content.
RoksNet does not have access to the User Content and does not check the User Content that is transferred using the Services. The following rules are applied to the User and to User’s Content while the User uses the Services:
It is prohibited to use the Services for illegal purposes. The User bears all the responsibility for their actions and consequences;
It is prohibited to send spam messages or use your account to help other persons in sending of spam. Undesirable messages, calls and other types of communication and collective requests for contact information shall be regarded as spam.
It is prohibited to participate in any form of deception or misinforming;
It is prohibited to participate in any actions that can inflict damage to the Services or the Users;
It is prohibited to override, disconnect security functions or in any way interfere in the work of security functions of the Services.
When the User transfers the User Content to other Users, the User understands that other Users can use, save, reproduce, record, display, change and remove their User Content without providing them with any form of compensation.
When the User receives or transfers the User Content to other Users they do it at their own risk and understand that they themselves perform identification of other Users. While receiving or transferring the User Content to other users they have to be sure that AUTH certificates and e-Stamp used to identify other Users in fact belong to the Users with whom they would like to exchange the User Content with. While providing RoksNet Trust Services, RoksNet does not examine or guarantee authenticity of the information indicated by the Users in AUTH certificates and e-Stamp.
With regard to User’ content the User guarantees that:
The User is the owner of the content and possess all necessary licenses and rights to all the Users Content according to these Terms;
The User owns written consent, renunciation of rights and/or permission from each person set out in the User Content for using his (her) personal data in order to transfer or utilize the User Content in the way stipulated in these Terms , except in cases where it is regulated by the laws.
The User is not entitled to copy, dispose and use text, pictures, graphics images, music, sounds and other content provided by third parties (hereinafter referred to as «the Third Party Content») without special permission from the respective owners. Third Party Content can be protected by copyright laws and the content owners can be opposed to use of their materials.
The User can not use Third Party Content without permission of the holder of rights with regard to the intellectual property contained in such User content.
The User is not entitled to transfer or receive through the Services any User Content which is detractive, disreputable, pornographic, contains harassment, antagonistic ideas, infringes private life, indecent, offensive, illegal, racially themed, aggressive, harmful for persons under 16 years of age, violates intellectual property rights or other rights of third parties or is the subject of civil or criminal dispute. The User also has no rights to receive or transfer the User content comprising false and confusing information, service proposals or request for money transfer, advertising materials, waste mail, spam, chain letters or other forms of obtrusive offers of goods and services, present yourself as another person or distribute software containing viruses or otherwise intended to degrade performance of computers.
The User agrees not to force up goods and services to other Users of the Services on the basis of data contained in their accounts.
The User agrees not to override, disconnect security functions or in any way interfere in the work of security functions of the Services and any functions preventing or limiting use or copying of the Services.
Considering the above, the User understands and agrees with the following:
The User interacts with the Services at their own risk;
The User is solely responsible for any User Content created, transferred and received by using the Services;
RoksNet does not bear any responsibility for any User Content to which the User can have access in connection with use of the Services. Responsibility with regard to any User Content is born by the person providing such content.
RoksNet shall not be responsible for the User Content and any opinions, recommendations or advice contained in the content and irrevocably waives any responsibility in connection with the User Content.
In instances the person is representing the entity, the person has to have authorization to download and use the Service, and to install RoksNet software to servers and other hardware of the entity.
Any rights that are not explicitly provided to you in accordance to these Terms are reserved by RoksNet.
We pay a lot of attention to open source code software. Some computer programs that are necessary for using our Services, or programs that are included in the Services are distributed under the terms of free license. Certain provisions of the license explicitly override some requirements of these Terms.
Where use of our Services for User Content transfer depends on the application of processor or server communication channels (or other equipment) owned or controlled by third parties, you agree to obtain approval from the related third parties before using the Services. You confirm and guarantee that by agreeing with these Terms you have obtained such third party approval.
RoksNet cannot guarantee that the Services will always operate without disturbances, delays or mistakes. The quality of Services can be influenced by various factors including condition of User’s local network, availability of firewall, features of Internet services provider, condition of generally accessible Internet, public switched telephone network and electric power source. RoksNet is not responsible for any communications failures, disruptions or delays caused by failures or invalidity of the components or other factors which are beyond our control.
From time to time RoksNet can contact the User with information enquiries in connection with provision of the Services. In such cases the User should provide detailed, up-to-date and accurate information (including payment information, where applicable).
It can be necessary for RoksNet to perform maintenance and upgrade of the Services or the basic infrastructure. With this regard, it may be necessary for RoksNet to partially terminate or suspend provision of the Services until the end of such maintenance or upgrade.
If the interference is not required urgently, RoksNet will notify the User in advance on the time and date of the temporary suspension of the Services or access limitation.
The User is not entitled to claim any compensation with regard to such temporary suspension of the Services or limitation of access to our Services.
We constantly change and develop our Services. We introduce or remove some functions and software features. We can also partially terminate or stop provision of the Services.
RoksNet is entitled to automatically determine what version of the Services you use. It may become necessary for the User to update the Services software to be able to interact with RoksNet. The User agrees that such updates are subject to these Terms with the exception of the cases when other terms are applicable to the updates. In case of disagreement, the User has to immediately stop using and installing the Services.
The User has the right to stop using our Services at any time. Beyond that, RoksNet can close or restrict User’s access to the Services or specify new Terms connected with it.
We pay great attention to Users’ convenience while working with their data. When the Services is closed for the User, we will do whatever is necessary to warn the User about it and minimize possible inconvenience.
RoksNet does not provide any guarantees and does not undertake any commitments with regard to the Services, except the Services mentioned in these or auxiliary Terms. The Services are provided «as is».
If the legislation in your country of residence requires additional guarantees, such as vendibility, availability for particular spheres of application, non-infringement of third parties’ exclusive rights, you are not permitted, and you should not register yourself as the User of the Service. We exclude all such guarantees.
RoksNet shall not be liable for loss of profit, shortfalls in profits, data and financial losses as well as for implicit, special, mediate, exemplary and punitive damages if such limitation of liability is permitted by legislation.
Joint liability of RoksNet with regard to any lawsuit concerning these Terms (including any implied guarantees) is limited by the sum, paid for use of the Services (alternatively, at our choice, by providing related Services to you).
Under no circumstances RoksNet shall be responsible for contingent losses or damage.
You agree to compensate the damage and hold RoksNet harmless of any responsibility, losses, damages and expenses (including reasonable fees and lawyers’ charges), arising due to the reasons mentioned below:
access to our Services or use of the Services including the information provided due to User’s access to or use of our Services;
actual or suspected infringement of these Terms on your part;
any deception on your part.
The User agrees to provide us with all necessary assistance in the settlement process or during protection from any claims.
If the User uses our Services on behalf of the entity it means that the entity accepts these Terms. The entity is undertaking to protect RoksNet, its subsidiaries, management, agents and personnel from any legal claims, judicial proceedings and litigations connected with use of the Services or breach of these Terms as well as from any responsibility including financial responsibility with regard to legal claims, damages, losses, judicial proceedings and litigations, legal expenses and lawyers’ fees).
RoksNet reserves the right to restrict access of the User to the Services (or to certain functions of the Services, if it is technologically possible) using the User’s account, lock the access, withdraw SIGN and AUTH certificates of the User upon the breach of these Terms by the User.
These Terms regulate relations between RoksNet and the Users. The Terms do not regulate any rights of third parties.
If the User breaches these Terms and we do not immediately act upon it, it does not mean that we do not intend to exercise our rights in future (including taking specific action).
If one of the provisions of these Terms becomes invalid, it shall not affect validity of other provisions.
By accepting these Terms, the User agrees to the use of electronic communication devices for conclusion of contracts, placing orders and for electronic delivery of notifications on regulatory documents, changes of above-mentioned provisions and information about RoksNet operations.
In case of any inconsistencies between the English version of these Terms and any translation of the Terms to another language, the English version of the Terms shall take precedence in the matters of governing your relations with RoksNet.
These Terms constitute the contract between the User and RoksNet regulating the use of RoksNet Services and include the complete set of agreements between the User and RoksNet. These Terms supersede any earlier contracts and agreements between the User and RoksNet with regard to the Services.
If there is a written agreement concerning provision and use of the Services which is different from these Terms concluded between the User and RoksNet, the written agreement shall prevail.
In the absence of agreement signed by both parties these Terms are considered the complete set of agreements between the User and RoksNet related to the Services and supersede any and all earlier conditions.
Inability to use (or delay in provision of opportunity to exercise) the rights, credentials or means of legal defense set out in these Terms or the current legislation do not deprive RoksNet of rights, credentials or means of legal defense. If RoksNet waives any demand with regard to fulfillment of these Terms, it does not allow further violations of the Terms.
The User has no right to delegate these Terms or other rights and commitments set out in the Terms. RoksNet can delegate these Terms, certain rights and commitments set out in the Terms to third parties without a preliminary notification.
The User takes into consideration and agrees that if RoksNet cannot provide the Services due to force-majeure circumstances RoksNet shall not be liable for breach of its obligations stipulated in these Terms. Force-majeure circumstance is any event beyond control of RoksNet.
The User confirms that they have familiarized themselves with these Terms and understand their rights and commitments, as well as all conditions and provisions of this document. By checking the «Accept» box and (or) continuing installation of RoksNet Services the User provides their unreserved consent for compliance with the terms and provisions of this document and grant to RoksNet the rights set forth herein.