Terms of Usage

Last updated: May 2024

IMPORTANT: Please read the following important terms and conditions before you sign up to use our Platform. Please check that they contain everything you want and nothing that you are not willing to agree to. If you fail to agree to these terms you will not be able to have access to the Platform.

1. The Platform

1.1. These terms (the “Terms”) govern your registration and use of the Rombo website at https://rombo.co and our iOS and android mobile applications (together the “Platform”) as well as the animation services made available to you via our Platform (“Services”).

1.2. The Platform is owned and operated by Rombo Limited (referred to in these Terms as “Us”, “We”, “Our” or “Rombo”).

1.3. We are registered in England and Wales under the company number 13580610 and have our registered office at 12A Eton Hall, Eton College Road, London, United Kingdom, NW32DW.

1.4. To contact us about the Platform or Services please email support@rombo.co

1.5. By either registering for an Account (as defined below) on the Platform, using our Platform or using any Services you confirm your acceptance of these Terms.

1.6. If you do not agree to these Terms you are not authorised to use the Platform or any of the Services and must cease using them immediately.

1.7. Where we refer to “You” in these Terms, we mean a business user of our Services who has registered for an account on the Platform (“Account”).

1.8. At all times you must only be a business user of the Platform and wish to use the Services in your business operations only. These Terms do not apply to individual consumers for personal use (that is, not in connection with, or for use in, their trade, business, craft, or profession). You must not use our Services other than for business operations.

1.9. The Platform is an online software tool designed to animate certain parts of your website which is accessed via the Platform (“Customer Content”).

1.10. We do not check any part of the Customer Content provided by you or any third parties.

1.11. While we try to make sure that the Platform is accurate, up-to-date and free from bugs, we cannot promise that it always will be.

1.12. To the maximum extent permitted by law we do not promise that the Platform will be fit or suitable for any purpose other than it being an online tool to help you animate certain parts of the Customer Content. For the avoidance of doubt we do not make any representations or warranties that the animations are free from error and we do not check any data or the Customer Content.

1.13. Any reliance that you may place on the information or data on the Platform or any product of the Services is at your own risk.

1.14. We may suspend or terminate operation of the Platform at any time as we see fit.

1.15. While we try to make sure that the Platform is available for your use, we do not promise that the Platform will be available at all times nor do we promise the uninterrupted use by you of the Platform.

1.16. The Platform and services performed via the Platform may be subject to delays, interruptions, errors or other problems resulting from use of the internet or public electronic communications networks used by the parties or third parties. You acknowledge that such risks are inherent in such services and that we shall have no liability for any such delays, interruptions, errors or other problems.

1.17. Subject to these Terms and our acceptable use policy as amended from time to time on our Platform and found here (link) (“Acceptable Use Policy”), we shall grant you a non-exclusive, non-transferable, right to use the Platform via your Account (as defined below) unless and until terminated by you or us.

1.18. We may vary these Terms from time to time. Please review the Platform on a regular basis to obtain timely notice of any revisions. If you continue to use the Platform or Services after such changes you shall be considered to have accepted all changes.

1.19. If you do not agree to the changes made to the Terms, then you have to stop using the Platform, and should do so immediately.

1.20. Your privacy and personal information are important to us. Our Privacy policy can be found at [LINK]. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

2. Account

2.1. You will be required to register for an account to use the Platform and our Services (“Account”).

2.2. To register for an Account you should follow the registration steps set out on the Platform.

2.3. You shall be able to select your level of subscription to the Services and Platform as set out in your Account (“Subscription”). The details of different subscription packages can be found here (link). You can at any time change your level of Subscription via the Platform and your Subscription Fee will be updated to reflect your new subscription.

2.4. You will be required to upload your website into the Platform to be animated (“Customer Site”).

2.5. We may provide you with an email-based login, user identification code, password or another piece of information as part of our security procedures, which allows you to access to the Platform to manage your Account.

2.6. It is your responsibility at all times to keep your user-name, password and any other account details safe and confidential.

2.7. You acknowledge that it may take up to five (5) Business Days to initially set up your Account and that use of the Platform is at all times subject to your compliance with these Terms and any requirements as communicated to you from time to time including without limitation any minimum system requirements.

2.8. You warrant and represent that you shall, keep confidential and not share with any third party your password or access details for your Account and/or the Platform.

2.9. By registering for an Account and when using the Platform or any Services, you agree at all times:

2.10. To comply with the Acceptable Use Policy (link) and all other provisions of these Terms.

2.11. To comply with all applicable laws, rules, and regulations governing the Platform and your use of the Platform (or any part).

2.12. Not to use the Platform (or permit the Platform to be used) in contravention of any applicable laws, rules or regulations.

2.13. To be solely responsible for ensuring your use of the Platform and Services complies with all laws and regulations.

2.14. To act in good faith towards us.

2.15. You may only register for an Account if you are domiciled in the United Kingdom (“Territory”).

2.16. We may suspend access to your Account, Services and the Platform and/or terminate your Subscription if:

2.16.1. We suspect that there has been any misuse of the Platform, Services, Account or a breach of these Terms; or

2.16.2. You fail to pay any sums due to us by the due date for payment; or

2.16.3. In our discretion it is considered appropriate to suspend your Account.

2.17. If illegal or fraudulent activity occurs we reserve the right to suspend and/or terminate your Account and refer such activities to such legal authorities or relevant bodies.

2.18. Where the reason for the suspension is suspected misuse of the Platform, we will take steps to investigate the issue and may restore or continue to suspend access in our discretion.

2.19. Subscription Fees (as below) shall remain payable during any period of suspension notwithstanding that you may not have access to the Platform or Services.

2.20. We may terminate or suspend your Account and access to the Platform and Services at any time with or without notice where this is on a free or trial service.

2.21. We may terminate your Account and access to the Platform and Services immediately upon any material or repetitive breach of these Terms. Any breach by you of the Acceptable Use Policy shall be deemed a material breach of these Terms.

2.22. Either you or we may terminate your Account and access to the Platform and Services for convenience on 30 days written notice. Upon written notice being provided to us to terminate your Account, your Account and access to the Platform and Services shall automatically expire within 30 days.

2.23. If you wish to cancel your registration with Rombo, you may do so from the Settings page within the Platform, or you can send such communications by email to support@rombo.co

3. Subscription and Services

3.1. You shall have access to your Subscription unless terminated in accordance with these Terms (“Subscription Term”)

3.2. The Services are designed for business users and for commercial use only.

3.3. As part of the Services we shall create animated parts of Customer Content (“Animated Content”).

3.4. You will not own the Animated Content. The Animated Content will only be made available to you during the Subscription Term to use in accordance with these Terms.

3.5. The Animated Content will be integrated into the Customer Site during the Subscription Term.

3.6. For the Animated Content to function correctly the Customer Site must meet the minimum technical specifications.

3.7. If you amend or disable your Customer Site or it fails to be compatible with our Platform or meet the minimum technical specifications the Animated Content will not be integrated or may not function correctly.

3.8. If you change your level of Subscription during the Subscription Term you may lose access to some parts of the Animated Content.

3.9. The Platform will identify certain Customer Content on the Customer Site to animate via the Platform. We make no guarantee that such Customer Content will be appropriate or suitable to animate and at all times you are responsible for checking such selections are appropriate for the Customer Site.

3.10. You understand that the Animated Content is generated via the Platform and software, accordingly you are responsible for ensuring it meets your requirements. It is simply a suggestion for what parts of your Customer Content and Customer Site could be animated and does not replace your final oversight of the copy and design on your website.

3.11. You understand that our Services and the Platform utilise artificial intelligence within the Services that we provide.

3.12. You understand and agree Customer Content and Animated Content may be used to train the artificial intelligence models and systems;

3.13. You understand and agree that at all times any third-party links are outside of our control irrespective of whether a request is facilitated through the Platform or otherwise. If a request is made via the Platform or otherwise to a third party, whether using any data or Services from the Platform or otherwise, you remain responsible at all times for checking the accuracy and we shall not be held responsible for such data failing to be accurate or any liability in respect of any third parties. This shall include without limitation any integrated third party artificial intelligence systems used to power the Services.

3.14. You acknowledge that you should not rely upon any information on the Platform to make any decision.

3.15. You understand and agree that access to the Animated Content that we make available to you via the Platform is not verified by us. It is made available to you via the Platform on an ‘as is’ basis.

3.16. You agree that the Services on our Platform do not include:

3.16.1. Any services, systems or equipment required to access the internet. You are solely responsible for procuring access to the internet and for all costs and expenses in connection with internet access, communications, data transmission and wireless or mobile charges incurred by it in connection with use of the Platform; or

3.16.2. Dedicated data back up or disaster recovery facilities (and you should ensure you at all times maintains backups of the Customer Site);

3.17. Nothing on the Platform shall constitute advice and should not be relied on for any purposes. We do not provide advice on what Animated Content is relevant nor desirable.

3.18. Any information or services provided to you via the Platform is for your general information purposes.

3.19. You acknowledge that you should not rely upon any information or tools on the Platform to make any decisions whatsoever.

4. Fees

4.1. The fees for your Account are set out here (link) or as amended from time to time by us (“Subscription Fees”).

4.2. The Subscription Fees shall be payable as set out on your Account and as confirmed in our subscription e-mail sent to you.

4.3. Subscription Fees are exclusive of VAT which shall be payable at the rate and in the manner prescribed by law.

4.4. Subscription Fees shall be paid from the bank account nominated by you under your Account.

4.5. We shall have the right to charge interest on overdue invoices at the rate of 4% per year above the Bank of England base rate, calculated from the date when payment of the invoice becomes due for payment up to and including the date of actual payment whether before or after judgment.

4.6. To the extent this agreement terminates or expires you shall not be entitled to any refund or discount of Subscription Fees paid for any parts of any month during which your access to the Platform ceases to be provided.

5. Customer Content and Customer Site

5.1. You hereby warrant that you own all intellectual property rights in the Customer Content and the Customer Site and that no part therein infringes any rights of any third party.

5.2. You agree to hold us harmless and indemnify us against any claim brought against you or us in relation to the use of the Customer Content or the Customer Site via the Platform or as part of any Services.

5.3. By registering for an Account and using the Platform and Services you warrant that so far as you are reasonably aware there are no restrictions on your use of the Platform and Services.

5.4. You hereby grant us a royalty-free, transferrable licence to use all content and intellectual property rights in the Customer Site and Customer Content during the Subscription Term and in all territories in the World for the purpose of being able to operate the Platform and to provide the Services.

5.5. We shall not be obliged to provide you with any assistance extracting, transferring or recovering any part of the Customer Content or Customer Site. You acknowledge and agree that you are responsible for maintaining safe backups and copies of any part of the Customer Site. You shall, without limitation, ensure that you back up (or procures the back up of) all data on your Customer Site regularly and extracts it prior to the termination or expiry of your Subscription or the cessation or suspension of your right to use the Platform.

5.6. We routinely undertake regular backups of the Platform for our own business continuity purposes. You acknowledge that such steps do not in any way make us responsible for ensuring data does not become inaccessible, damaged or corrupted. To the maximum extent permitted by applicable law, we shall not be responsible (under any legal theory, including without limitation in negligence) for any loss of availability of, or corruption or damage to, any of such data.

5.7. We shall have no liability (howsoever arising, including in negligence) for any deletion or destruction of any data. For the avoidance of doubt upon deletion or prolonged periods of inactivity on your Account you will not have access to your Account or any Animated Content.

6. Data Protection

6.1. We shall be permitted to use any data collected via your Account in an anonymised format for research & industry benchmarking purposes. We shall be permitted to use this data as we determine and in our utter discretion.

6.2. Except to the extent that we have any direct obligations under data protection laws, you acknowledge that we may not actively monitor any personal data uploaded via the Platform.

6.3. At no time shall we be the data controller of any personal data uploaded via the Platform as part of the Customer Content or Customer Site. You are exclusively responsible for obtaining all necessary consents and the compliance with all applicable laws. As such you hereby agree to indemnify, keep indemnified and hold us harmless from and against any losses, claims, damages, liability, data protection losses, costs (including legal and other professional fees) and expenses incurred by us as a result of your use of the Platform and any Customer Content uploaded or collected via your Customer Site.

6.4. If we become aware of any allegation that any data collected via the Customer Content or Customer Site may not comply with the Acceptable Use Policy or any other part of these Terms we shall have the right to permanently delete or otherwise remove or suspend you or remove access to any part of the Services or disable any part of the Customer Content or Customer Site which is suspected of being in breach and/or disclose the same to law enforcement authorities (in each case without the need to consult you). Where reasonably practicable and lawful we shall notify you before taking such action.

6.5. We may monitor, collect, store and use information on the use and performance of the Platform (including any personal data) to detect threats or errors to the Platform and for the purposes of the further development and improvement of the Platform, provided that such activities at all times comply with the Privacy Policy.

7. Intellectual Property

7.1. You agree that all present and future copyright and all other intellectual property rights including without limitation all trade marks, know-how and trade secrets that are subsisting in, or used in connection with the Platform, Services and Animated Content (the “Rombo Intellectual Property“) is the property of Rombo (or that of our licensors), and nothing in the Terms shall be taken to transfer any part of the Rombo Intellectual Property to you.

7.2. In accepting our Terms you understand that subject to these Terms we are providing you a license to use Rombo Intellectual Property, which we can revoke at any time at our discretion.

7.3. You understand and agree that we may, at our discretion, use, sell or transfer to third parties any data collected by us from your use of the Platform or our Services in our discretion. This may include without limitation using such data to create databases and /or training material for either our AI software or that of any third party integrated into our Platform.

7.4. You understand that the Platform uses artificial intelligence and machine learning. You appreciate that we may incorporate part of the Customer Content, your use of Animated Content and our Platform into our machine learning algorithms (or those of third parties integrated into the Platform) for ongoing development of the Platform, Services and Animated Content. Our right to use and incorporate such content shall continue after the termination of your Account.

8. Disclaimers

8.1. We are not obligated to make available the Platform and Services to you and we reserve the right to remove you from our Platform at any time for any reason at our discretion.

8.2. We make no warranty that the Platform will provide an uninterrupted service or be error free, or that any defects will be identified or corrected. While we take steps to prevent misuse of our systems, we cannot warrant that the Platform will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code. We recommend that you always use up-to-date firewalls and anti-malware software to protect your equipment and data.

8.3. We are not liable for any loss or damage you may incur as a result of using our Platform, including without limitation any third parties use of the Customer Site whilst you are using the Platform or Services.

9. Limitation of Liability

9.1. Nothing in the Terms shall limit your payment obligations under these Terms.

9.2. Nothing in the Terms shall exclude or limit any liability which cannot legally be limited including but not limited to liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation.

9.3. If you are dissatisfied with the Platforms, or these Terms, your remedy shall be to discontinue your use of the Platform.

9.4. To the maximum extent permitted by law our maximum liability to you however arising (including without limitation in contract, tort, negligence, statutory duty, misrepresentation, or otherwise for any loss or damage whatsoever arising from or in any way connected with the Terms or your use of the Platform) shall not exceed the amount of fees (if any) paid by you to us in the three months up to the breach. You acknowledge that this is reasonable given the heavily reduced fees payable for the subscription.

9.5. Except as expressly set out in the Terms, all conditions, warranties and obligations which may be implied or incorporated into the Terms by statute, common law, or otherwise and any liabilities arising from them are expressly excluded to the extent permitted by law.

9.6. We shall never be liable for any loss of business, loss of profits, business interruption, loss of business information, or any other economic loss.

9.7. In the event that any relevant limitation or exclusion of liability in the Terms is not enforceable, then our liability to you shall not exceed the amount £1000.

10. Support

10.1. We will use reasonable endeavours to notify you in advance of scheduled maintenance, but you acknowledge that it may receive no advance notification for downtime caused by emergency maintenance.

10.2. We will use reasonable endeavours to respond to any specific support needs sent to support@rombo.co within 3-5 working days, please note that support is generally given within the British working hours (9am – 5pm Monday to Friday).

11. Your responsibility and liability

11.1. You agree at all times to comply with all applicable laws relating to the use of the Platform including without limitation laws relating to intellectual property, privacy, data protection and use of systems and communications.

11.2. You agree to indemnify, keep indemnified and hold us harmless from and against any losses, claims, damages, liability, data protection claims or losses, costs (including legal and other professional fees) and expenses incurred by us as a result of your breach of these Terms.

12. Our Confidential Information

12.1. For the purpose of these Terms “Confidential Information shall mean any and all information of a confidential nature (in whatever form) which relates to the Platform and is received or acquired (whether directly or indirectly) by you including any know-how, trade secrets, financial, commercial, technical, tactical or strategic information of any kind; any information produced, developed or derived from information disclosed pursuant to these Terms; any information agreed to be, or marked as, confidential; any information you knew or could reasonably be expected to know, is confidential; but excluding any information which: is, or was already known or available to you, otherwise than pursuant to or through breach of any confidentiality obligation owed to us; is, or becomes, in the public domain other than through any breach of these this agreement (save that any publicly available information shall be classified as Confidential Information where it is compiled in a form that is not in the public domain); we have agreed in writing does not constitute Confidential Information

12.2. You agree to maintain the confidentiality of our Confidential Information and shall not without our prior written consent disclose, copy or modify our Confidential Information (or permit others to do so).

12.3. You undertake not to disclose our Confidential Information;

12.4. You agree to give us notice of any unauthorised use, disclosure, theft or loss of our Confidential Information immediately upon becoming aware of the same.

12.5. The provisions of clause 12.3 shall not apply to information which is required by law, by court or governmental or regulatory order to be disclosed provided that you, where possible, notify us at your earliest opportunity before making any disclosure.

13. Consequences of termination

13.1. Upon termination of your Account:

13.1.1. The rights granted by us to you under these Terms shall terminate;

13.1.2. You shall lose access to the Platform and Services;

13.1.3. You shall have no use or access to the Animated Content;

13.1.4. We shall still be permitted to use any Customer Content and any data derived from the same to train our systems and those of any third party systems integrated into our Platform;

13.2. The termination of your Account shall not affect any of our accrued rights and liabilities and shall not affect any provision of these Terms that is expressly or by implication intended to continue beyond termination.

14. General terms

14.1. If any of the Terms are held to be illegal or unenforceable, such provisions shall be severed and the rest of the Terms shall remain in full force and effect.

14.2. The Terms constitute the entire agreement and replace any previous agreement or understanding (whether oral or written, express or implied) between us in respect of the matters contained or referred to in the Terms. We and you agree that, in entering the Terms, neither party has relied on and have no remedy in respect of, any representation, warranty or other provision (oral or written, express or implied) of any person which is not expressly set out in these Terms.

14.3. You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent, breach of this may result in your Account being closed. We may assign, transfer or sub-contract all or any of our rights at any time without consent.

14.4. A person who is not a party to the Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision in the Terms.

14.5. No waiver by either of us shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us or you from acting upon any continuing or subsequent breach or default.

14.6. The Terms shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts in relation to any dispute arising from them.