D Risk IT Limited (“D Risk IT”, “we” or “us”) has produced these Terms of Service & Conditions of Use for accessing the following D RISK IT products:
and any other existing or future product created by D RISK IT and to which you (the "User", "you", "your") are provided access (the "Products").
Please read these Terms of Service and Conditions of Use carefully before accessing or using the Products. We recommend that you print a copy for future reference.
Outside of your relationship as a user to D Risk IT and its Products, we licence our software and data processes to certain business partners (“Partners”). That software includes information gathering forms, reports, supportive business development guidance notes, plus business and finance algorithms. Through such licenced Partners you may have accessed these Terms of Service and Conditions of Use – through software embedded in one of our Partner’s sites. Please be aware that notwithstanding you may have accessed these Terms of Service and Conditions of Use or our Products through a Partner ALL the Terms of Service and Conditions of Use and the wider range of D Risk IT Terms apply to you.
We do not guarantee that our Products will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our websites in particular without notice. We will not be liable to you if for any reason our Products are unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Products particularly with respect to connectivity required, your communications provider, and any log-on details we provide to you for you to keep secure.
Our Products are directed to commercial business users and is not intended for consumers or for private or domestic use. We may limit the availability of any site, application, API, or any related service or Product to any person or geographic area at any time.
If after becoming a user of our services you set a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code, password or account, whether chosen by you or allocated by us, at any time, if, in our reasonable opinion, you have failed to comply with any of the provisions of the D Risk IT Terms.
If you know or suspect that someone else knows your user log on information (for example to access the Dashboard) you must notify us using the alert email at the foot of these Terms of Service and Conditions of Use.
When you use the Products in any way (e.g. browsing, downloading, and all other interactions) you do not receive or take the benefit of any transfer of title or ownership in the Products. Ownership, control and title rests with D Risk IT at all times.
When you use the Products in any way (or use any component part of them) you do not have a software licence under the terms of the Software Directive (2009/24/EC) or any successor legislation. You are a user of the Products bound by the D Risk IT Terms.
You shall not at any time:
Your rights to use the Products shall automatically and immediately terminate if you violate any of these restrictions or any other obligations within the D Risk IT Terms. You must at our option return or destroy any copies of the materials you have made using our Products.
D RISK IT reserves the right to withdraw the use of the Products at any time from its users without reason or notice but will endeavour to communicate the reasons for withdrawal in advance of taking action where possible.
The materials, content, design, creative work and know-how contained in the Products are protected by all applicable intellectual property laws including copyright and trademark protection.
These Terms of Service and Conditions of Use do not transfer from D RISK IT to you any D RISK IT or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with D RISK IT. D RISK IT, the www.drisk.it logo, and all other trademarks, service marks, graphics and logos used in connection with D RISK IT, or the Products are trademarks or registered trademarks of D RISK IT. Other trademarks, service marks, graphics and logos used in connection with the Products may be the trademarks of other third parties. Your use of the Products grants you no right or license to reproduce or otherwise use any D RISK IT or third-party trademarks, and you warrant and represent that your use of the Products shall not infringe the intellectual property rights of any third party.
To the extent that the Products contain code or expression derived from the Products (capable of attracting copyright), we retain all the rights, titles and interests in and to all updates, modifications, enhancements and derivative works, in whole or in part, of the Products, including all copyrights subsisting therein.
Any data submitted to or derived from the use of the Products, such as generated reports and Dashboard data, shall belong to D RISK IT.
Any product or gain created as a result of unauthorised use, copy, distribution or modification of the Products shall be judged as acquired through illegal act(s) and subjected to all applicable laws. Any unauthorised sale, resale or distribution of the Products, intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of the law. Nevertheless, we will retain all rights and intellectual properties over any such product or gain. As defined by the Indemnification clause below, you also hold as harmless and free from any liability for any untoward effect of such unauthorised use.
Changes to D RISK IT Terms and Products:
D RISK IT reserves the right, at its sole discretion, to modify or replace any part of the D RISK IT Terms. When D RISK IT makes any material change to the D RISK IT Terms, we will provide you with prominent notice as appropriate in the circumstances. Your continued use of or access to the Products following the posting of any changes to the D RISK IT Terms constitutes acceptance of those changes. D RISK IT may also in the future, offer new services and/or features, either through existing Products or future products (including the release of new tools and resources). Such new features and/or services shall be subject to the D RISK IT Terms unless otherwise advised.
Third Party Websites:
If you create an account directly on a third party website (such as a Partner Microsite or offer or link) or via a third party application, any information that you enter on that website or application (and not directly on a D RISK IT Product or site) will be shared with the owner of the third party website or application and D RISK IT. These sites are governed by their own terms and conditions and you are encouraged to review these terms before using their sites. D RISK IT is not responsible for the content or information practices of such third parties. We assume no responsibility for the content of websites linked to D Risk IT or its Products. Such links should not be interpreted as endorsement by us of those linked websites.
The materials and content in the Products are provided on an "as is” and “as available" basis and your use of or reliance upon the Products and any third-party content and services accessed thereby are done so at your sole risk and discretion. D RISK IT makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose (such as for investment purposes which are specifically excluded and not applicable), or non-infringement of intellectual property or other violation of rights. Further, D RISK IT does not warrant or make any representations concerning the accuracy or reliability of any materials, content, reports, or other data whether financial or otherwise arising or relating to the use of the Products or otherwise relating to such materials or on any by-products or websites linked to the Products.
In particular, D Risk IT makes special reference to the reports generated from using the Products. These reports will from time to time contain factual information and analysis about particular startups or early-stage companies. The information provided in such reports is not advice, and should not be relied upon as an alternative to legal, financial, tax, corporate finance or accounting advice from a qualified professional. D RISK IT excludes all representations, warranties, undertakings and guarantees relating to such reports. For the avoidance of doubt, D RISK IT does not represent, warrant, undertake or guarantee that the information in such reports is correct, accurate, complete or capable of a singular, non-misleading interpretation and that the use of the content in the report will lead to any particular outcome or result financial or otherwise. With particular reference to the startups and early stage companies themselves, D Risk IT does not represent, warrant, undertake or guarantee that by using any information in such reports as guidance those companies or persons will secure satisfactory investment.
Limitation of Liability
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(i) special losses and/or damages even if D Risk IT was or is aware of the circumstances in which such special damage could arise;
(ii) loss of actual profits and/or anticipated profits (whether direct and/or indirect);(iii) loss of actual or anticipated revenue (whether direct and/or indirect);
(iv) loss of actual or anticipated savings;
(v) loss of goodwill;
(vi) loss of business or investment opportunity (specifically when D Risk IT does not provide investment advice, does not encourage the making of any investments and does not conduct nor hold itself out as conducting any regulated activity);
(vii) loss of customers;
(viii) incidental, consequential, incidental, punitive, exemplary and/or indirect losses and/or damages of any kind howsoever arising and whether or not they are foreseeable, foreseen or known;
(ix) loss of reputation; and/or
(x) damage, loss, and/or corruption of data and/or information.
To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Products or any content related to the Products whether express or implied.
D RISK IT's total liability, whether in contract, tort (including negligence) or otherwise and whether in connection with this licence or any collateral contract, shall not exceed the sum of £1000.00.
This does not exclude or limit in any way D RISK IT's liability for death or personal injury caused by D RISK IT's negligence or that or our employees (if acting within the course of their employment), agents or suppliers (if carrying out the work which they were contracted to do); or any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability such as any instance of fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
Where part of the Products you are accessing are provided by a third-party partner or supplier, such as a broker or angel network, that supplier's individual liability will be set out in their own terms and conditions. You may request from the supplier directly copies of any relevant terms and conditions.
D RISK IT makes no warranties about the compatibility or interoperability of the Products with any device on which you may access the Products and you acknowledge and agree that D RISK IT and its affiliates, partners, suppliers or licensors shall have no liability for any losses suffered resulting in connection with the compatibility or interoperability of the Products or any loss or corruption of data on your devices.
You agree to indemnify and hold harmless D RISK IT, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Products, including but not limited to your violation of the D RISK IT Terms.
Use of Personal Information:
The failure of D RISK IT to exercise or enforce any right or provision of the D RISK IT Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the D RISK IT Terms will be effective only if in writing and signed by D RISK IT.
Law & Jurisdiction
The D RISK IT Terms will be governed by and construed in accordance with the laws of England & Wales, and the courts of England & Wales shall have exclusive jurisdiction in respect of any dispute in which these terms are relevant to the matters in issue.
If any provision of the D RISK IT Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the D RISK IT Terms and will not affect the validity and enforceability of any remaining provisions.
Third Party Rights
A person who is not a party to the D RISK IT Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
The D RISK IT Terms and any rights granted hereunder pursuant to our contract with you, may not be transferred or assigned by you, but may be assigned by D RISK IT without restriction.
The heading references herein are for convenience purposes only, do not constitute a part of the D RISK IT Terms, and will not be deemed to limit or affect any of the provisions hereof.
Information About Us
D Risk IT Limited is a company registered in England and Wales under company number 09483748 and with its registered office at Castle House, Castle Street, Guildford, Surrey, England, GU1 3UW. You can contact us at this email address: email@example.com
Copyright © 2015 D RISK IT LIMITED
In addition to obtaining access to the Products via a commercial App store, or by D RISK IT directly, you may also be granted access to the Products by a third party partner, which may include an accelerator, angel network, potential investor or investment group, broker, consultant or business service organisation.
Collection & Use:
Information you give to us: When reviewing, accessing or downloading the Products, you may be asked to provide us with the following pieces of personal information from you: 1) your full name, 2) email address, 3) company name (if applicable) and 4) the country you are located in. Upon registering a profile using the D RISK IT Products, you will indicate your country location so that we can give you financial outputs in your own currency. However, you will be free to select a different location/currency at any time. For example, when initially registering the product, you might select your country as UK (GB Pounds) but then wish to change this later to view the financial outputs as US Dollars.
Information we collect about you: As is true of most websites, it will be possible to gather information about your computer such as your Internet Protocol (IP) address, browser type, time zone setting, referring/exit pages, and operating system. This information may be used to:
Information we receive from other sources: We may receive information about you from third parties (including, for example, business partners, corporate finance professionals, funding or lending institutions, sub-contractors in IT/ technical support, payment and delivery services).
Our lawful basis for using your personal information
In addition, D RISK IT does not collect or process personal data unless it is satisfied that there is a legitimate interest established under the terms of Article 6 (2) of the GDPR. This means that we will continually update and assess our legitimate interests as we have done when producing the latest version of this policy. We set out below our most recent assessment of our current business needs against the three legal tests designed to satisfy the legitimate interest requirements under Data Protection Law:
Our legitimate interest is prudently counterbalanced by the constant right of an individual to make a data access, cessation of processing or erasure request to us so that we can stop such processing when required.
Your rights under modern data protection law
You have the following rights, as a result of the latest data protection rules set out in the GDPR, in relation to your personal data:
How to make a subject access request – to edit, delete or access your personal information:
As you will note above, your rights include rights to ask for a copy of any personal information that we hold about you in our records, to correct any inaccuracies and to update any out-of-date information. We will provide you with a copy of the personal data undergoing processing in electronic emailable form. Any additional copies will incur a fee to cover our reasonable costs. You can also ask us not to send you direct marketing communications (however please note that we may continue to send you service-related (i.e. non-marketing) communications). If you wish to exercise any of these rights please write to us at firstname.lastname@example.org.
Sharing Your Information:
Except as described below, we will not share your information with any third parties.
If you create an account directly on a third party website (such as a Partner Microsite or offer or link) or via a third party application, any information that you enter on that website or application (and not directly on a D RISK IT Product or site) will be shared with the owner of the third party website or application and D RISK IT. These sites are governed by their own privacy policies and you are encouraged to review their privacy policies before providing them with your personal information. D RISK IT is not responsible for the content or information practices of such third parties.
All other data that we share with third parties will be anonymised and aggregated, but will never identify you or your company.
We may disclose the information you provide us:
We may use technologies such as cookies, web beacons, or scripts to gather information about how you and others interact with our Products. For example, we will know how many users access a specific area or features within our site and which links or features they clicked on. We use this information to understand and optimize how our site is used, improve our marketing efforts, and provide content and features that are of interest to you.
Security & Data Retention:
The security of your personal information is important to us. We have in place suitable technical and organisational measures, which comply with Article 32 of the GDPR (Security of Processing). We will retain your information for as long as your account is active or as needed to provide you services via the Products. Once your account has been deleted, we will only retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. If you wish to cancel your account or request that we no longer hold your personal information, contact us at email@example.com.
D RISK IT procures its hosting service from 1&1 IONOS, the trading name of 1&1 Internet Ltd, whose servers are based in the UK. Information we collect may be transferred to, stored and processed in any country or territory where one or more of our partners or third party service providers (e.g. our hosting company) are located or maintain facilities. If in future your personal data may be subject to transfer outside the European Economic Area (EEA), we will take all steps reasonably necessary to ensure that your data is treated with no less protection than it would receive if transferred and stored within the EEA: we adhere to statutory appropriate safeguards relating to restricted transfers of information outside the EEA referred to at Article 46 of the GDPR.