RepKnight Cloud Services Terms of Use

Version 3.1 – January 2019

The following terms of use apply to all end users of RepKnight Cloud Services, and also incorporate policies, terms and conditions imposed by some of our third party data feed providers, which may change from time to time.

Each time you access or use RepKnight Cloud Services, you agree to comply with all of these terms of use in addition to the applicable terms and conditions for your subscription to RepKnight Cloud Services, and you agree that RepKnight may monitor your usage of RepKnight Cloud Services to ensure compliance with these terms of use.

Without affecting any other remedies available to RepKnight, your account or access to the RepKnight Cloud Services may be permanently or temporarily terminated or suspended without notice or liability if RepKnight (in its sole discretion) determines or has reasonable cause to believe that you have violated these terms of use.

Access to RepKnight Cloud Services

1. Your login credentials, which includes the username you have been given and the password you have set up, for access to RepKnight Cloud Services are personal, confidential and must not be shared.

2. You are responsible for all activity that occurs in connection with your login credentials, including any unauthorized access. RepKnight is not responsible for any confidential or personal data that is lost from your RepKnight Cloud Services as a result of unauthorized access using your login credentials.

3. Should you believe that an unauthorized third party may be using your account you must contact RepKnight support immediately at support@RepKnight.com.

Your data

4. RepKnight is committed to protecting your privacy. The RepKnight Privacy Policy explains how RepKnight collects, uses and handles information where RepKnight is the controller of the data. By using RepKnight Cloud Services, you agree to the collection, use and handling of information as set forth in the Privacy Policy at https://repknight.com/privacy

5. You are responsible for, and for data protection purposes are the controller for, all Customer Search Term Data submitted to the RepKnight Cloud Services and any Customer Search Term Results delivered to you through use of the RepKnight Cloud Services.

6. You agree that RepKnight will process Customer Search Term Data and Customer Search Term Results, which may contain personal data, in accordance with the RepKnight Data Processing Agreement at https://www.repknight.com/dpa and incorporated by reference into these terms of use, or in accordance with any specific Data Processing Agreement with Customer.

7. For some of RepKnight’s Cloud Services, your Search Terms must be shared with some third party data providers to retrieve results for those data sources. You accept that some data providers are provided with Customer Search Term Data, in accordance with the RepKnight Data Processing Agreement, in order to process the search. You acknowledge that the Repknight Cloud Services provide you the ability to select or de-select data providers and that the choice of whether or not your Customer Search Term Data is processed by particular data providers is under your control. The data providers who would be provided with your Customer Search Term Data are listed in Annex B of the RepKnight Data Processing Agreement.  If you have any questions on whether your Search Terms are exposed to any third parties, please contact RepKnight through our support channel.

Use of the RepKnight Cloud Services

8. You may use RepKnight Cloud Services to search content collected from sources located in the surface, dark and deep web.

9. You may only search for data or make use of search results for which you reasonably believe you are the owner or controller, or for which you have permission from the owner or controller of that data.

10. You must comply with all applicable laws and regulations with respect to your usage of RepKnight Cloud Services and your use of any information generated by, or results arising from, the usage of RepKnight Cloud Services.

11. You must comply with all relevant data protection legislation and must not make unsolicited contact with any third party or individual whose contact information is extracted from RepKnight Cloud Services, other than employees, clients or partners of your company or organisation, unless you are the legitimate controller of that contact information.

12. You must not:

a. use any information generated by, or results arising from, the operation of RepKnight Cloud Services to harass or bully others or to impersonate others;

b. use any information generated by, or results arising from, the operation of RepKnight Cloud Services in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;

c. use RepKnight Cloud Services to knowingly access any confidential or other non-public information of any third party without such third party’s permission;

d. except as permitted by applicable law, harvest or collect other people’s personal and confidential information, such as street addresses, credit card numbers, confidential national ID numbers or account passwords;

e. publish, or make public in any way, any information generated by, or results arising from, the operation of RepKnight Cloud Services;

Third party content and web-sites

13. RepKnight Cloud Services, in common with other search engines, displays content that is not the property of RepKnight and for which RepKnight is not responsible. This content is the sole responsibility of the entity that makes it available. RepKnight may review content to determine whether it is illegal or violates RepKnight’s policies, and may at its sole discretion remove or refuse to display content as a result, but RepKnight does not give any undertaking to review search results and has no control over the content of these results. You review search results at your own risk.

14. RepKnight Cloud Services may enable or assist you to access the website content of third parties via third-party websites. RepKnight does not endorse or approve any third-party website nor the content of any of the third-party websites made available via RepKnight Cloud Services and you are recommended to refer to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website. You access these third-party websites solely at your own risk.

Twitter content

15. You acknowledge that any use of RepKnight Cloud Services to access Twitter Content is subject to the following additional terms and you agree to abide to such terms. Twitter Content means Tweets, Tweet ID’s, Twitter end user profile information and any other content of Twitter made available through RepKnight Cloud Services, and any copies and derivative works thereof.

a. Twitter Content may not be used for the purposes of conducting or providing surveillance, analysis or research that isolates a group of individuals or any single individual for any unlawful or discriminatory purpose or in a manner that would be inconsistent with Twitter’s users’ reasonable expectations of privacy;

b. Authorised Users must comply with the Twitter Terms of Service (“Twitter TOS”) located at https://twitter.com/tos. You will actively monitor and enforce each Authorised User’s compliance with Twitter TOS, notifying RepKnight of all noncompliance;

c. Twitter Content, and information derived from Twitter Content, my not be used for tracking, alerting, monitoring or other uses that relate to individuals, topics or events that are political in nature or are affiliated with political groups (e.g. protests, rallies, community organisation meetings, etc);

d. Twitter Content may not be used to target, segment, or profile individuals based on health (including pregnancy), negative financial status or condition, political affiliation or beliefs, racial or ethnic origin, religious or philosophical affiliation or beliefs, sex life or sexual orientation, trade union membership, data relating to any alleged or actual commission of a crime, or any other sensitive categories of personal information prohibited by law; and

e. Twitter Content may not be used in any way to violate the Universal Declaration of Human Rights (located at http://www.un.org/en/documents/udhr/), including without limitation Articles 12, 18 or 19.

YouTube content

16. You acknowledge that any use of RepKnight Cloud Services to access YouTube Content binds you to the YouTube Terms of Service which can be found at https://www.youtube.com/t/terms.

Service limits

17. You agree to abide by any volume limitations for Search Terms, Authorised Users, Data Allowances, API calls or API results set out in the Order and you shall not use, or attempt to use, the RepKnight Cloud Services in a manner that circumvents contractual volume limitations. If you require an increase to any volume limitations, you must raise an additional Order for the volumes required.

18. You acknowledge that RepKnight Cloud Services are provided over communications networks (such as the Internet), facilities and computer equipment that RepKnight is not responsible for nor able to control. You agree that RepKnight is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the RepKnight Cloud Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

Disruptive or harmful activity

19. As a condition of accessing and using RepKnight Cloud Services, you must not:

a. attempt to undermine the security or integrity of RepKnight’s computing systems or networks or, where RepKnight Cloud Services are hosted by a third party, that third party’s computing systems and networks;

b. use, or misuse, RepKnight Cloud Services in any way which may impair the functionality of RepKnight Cloud Services or website via which you access RepKnight Cloud Services (“Website”), or other systems used to deliver RepKnight Cloud Services or impair the ability of any other user to use RepKnight Cloud Services or Website;

c. attempt to gain unauthorized access to any materials other than those to which You have been given express permission to access or to the computer system on which RepKnight Cloud Services are hosted;

d. transmit, or input into the Website, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use); and

e. attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver RepKnight Cloud Services or to operate the Website except as is strictly necessary to use either of them for normal operation.

Definitions

20. The definitions below apply in these terms of use:

“API” means Application Programming Interface.

“Authorised User” means Customer and an individual whom Customer authorizes to use the RepKnight Cloud Services and to whom Customer (or RepKnight, at Customer request) has supplied a unique user identification and password.

Authorised Users may, for example, include Customer employees, consultants, contractors and agents.
“Customer” means the customer of RepKnight whose details are set out in an Order.

“Customer Data” means: (i) Search Terms and Customer Search Term Data; and (ii) Customer Search Term Results.
“Customer Search Term Data” means the data inputted by the Customer, Authorised Users, or RepKnight on the Customer’s behalf for the purpose of creating Search Terms in the RepKnight Cloud Services.

“Customer Search Term Results” means any Content delivered to Customer or Authorised Users through use of the RepKnight Cloud Services as a result of Customer’s or Authorised User’s Search Terms and Search Term Data.

“Order” means an order for RepKnight Cloud Services set out on a RepKnight order form and accepted by RepKnight, an order for RepKnight Cloud Services accepted by an Authorised Reseller or a registration for RepKnight Cloud Services completed online and linked to this Agreement.

“RepKnight” means RepKnight Limited incorporated and registered in Northern Ireland with company number NI064091 whose registered office is at 6b Weavers Court, Linfield Road Industrial Estate, Belfast BT12 5GH.

“RepKnight Cloud Services” means any of the hosted services and the associated API’s provided and maintained by RepKnight for online searching, monitoring, analysing, reporting and alerting of social media, open web and darkweb content and the RepKnight Documentation.

“RepKnight Documentation” means the documentation that RepKnight makes available at its discretion in connection with the RepKnight Cloud Services including online user guides; documentation and help and training materials; sample code; software libraries; command line tools, and other related technology such as add-ons and templates.

“Search Term” means a set of instructions defined by the Customer, Authorised Users or RepKnight on behalf of the Customer and input into the RepKnight Cloud Services that define the content being searched for using the RepKnight Cloud Services.