Terms of Use

Last updated: 1st of September, 2020

Acceptance of terms

Isle of IT BV (“us”, “we”, “our”, or “company”) is a company registered in Belgium (company number BE0699644172). Isle of IT BV solely owns and runs RiskStormingOnline (the “Service”) and operates https://RiskStormingOnline.com and all of its subdomains (the “Site”). By signing up for our Service, you agree that you have read, understand, and accept the terms and conditions described below (the “Terms of Use”) and you agree to be bound by these Terms of Use and all terms, policies and guidelines incorporated in the Terms of Use by reference (collectively, the “Agreement”). If you do not agree to this Agreement, you should not use the Service in any way. The Service is offered to you conditional on your acceptance of this Agreement.

Unless explicitly stated otherwise, any new features that are added to the current Service shall be subject to these Terms of Use.

Modification of agreement

From time to time we may make changes to these Terms of Use. When we do, we will revise the “Last updated” date given above. The then-current version of these Terms of Use will supersede all earlier versions. You agree that your continued use of our Service after such changes have been published to our Service will constitute your acceptance of such revised Terms of Use.

Legal notices

This Agreement shall be governed by and construed in accordance with the law of Belgium and the parties irrevocably agree that the Belgian courts shall have non-exclusive jurisdiction over any claim or matter arising under or in connection with this Agreement.

Privacy

Please visit our privacy policy to understand how Isle of IT BV collects, processes, uses and discloses personal information and to learn about your personal data rights.

Free Session Service & Trial Period

Using the Free Session Service does not require the opening of an Account via the Site.  Isle of IT BV provides the Free Session Service purely for educational purposes and is not liable for downtime or use further than interacting with the basic card deck within the three first phases of RiskStorming. We may limit the functionality of the Service, at our sole discretion.

After purchase, you have a 7 day period to evaluate and try out the service within which you can cancel the subscription without cost. In order to terminate the subscription, send an email to RiskStorming@isleof.it before 7 days after the order was completed with a clear request to cancel your license from the email address the license is purchased from. When the 7 days have passed, the subscription is available to you for 365 days counting from the orderdate. After those 7 days you may still terminate the subscription, yet no reimbursement will be given.

Subscription Service and Cancellation Policy

The Service may include automatically recurring yearly payment charges (the “Subscription Service”). If you activate the Subscription Service, you authorise Isle of IT BV to periodically charge, on a going-forward basis and until cancellation of the recurring payments, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee”, please see our Pricing section.

Your Account will be sent an invoice every subsequent year following the Subscription Billing Date and will include all applicable fees for the next subscription period.

The subscription will continue unless you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your Account. If you cancel your subscription you will have access to the Service up to, and including, the day before your next Subscription Billing Date was due to recur.

You may cancel the Subscription Service by contacting Riskstorming@isleof.it.

Payment terms and Authorisation

Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in Euro (EUR) and are non-refundable. You acknowledge that for certain credit cards, the issuer of your credit card may charge a foreign transaction fee or other charges. If you pay any fees with a credit card, Isle of IT BV may seek pre-authorisation of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

If a payment is not successfully settled due to expiration of a credit card, insufficient funds, or otherwise, you remain responsible for any amounts not remitted to Isle of IT BV and we may, in its sole discretion, either invoice you directly for the deficient amount, continue billing the credit card once it has been updated by you (if applicable) or terminate this Agreement.  In addition to the amount due for the Service, a non-successfully settled  account may be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.

Price

Isle of IT BV reserves the right to determine pricing for the Service. Isle of IT BV will make reasonable efforts to keep pricing information published on the Site up to date. We encourage you to check the Site periodically for current pricing information, located here: https://RiskStormingOnline.com/. We may change the fees for any feature of the Service, including additional fees or charges, if we give you advance notice of changes before they apply.

Isle of IT BV, at its sole discretion, may make promotional offers with different features and different pricing to any of our customers. These promotional offers, unless made to you, will not apply to your offer or these Terms of Service.

Ownership

This is a subscription agreement for access to and use of the Service. You acknowledge that it is obtaining only a limited right to the Service and that irrespective of any use of the words “purchase” or like terms in this Agreement no ownership rights are being conveyed to you under this Agreement.

You agree that Isle of IT BV retain all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Service and all related and underlying technology and documentation and any derivative works, modifications or improvements. Except as expressly set forth in this Agreement, no rights in Isle of IT BV and the Service are granted to Customer. Further, you acknowledge that the Service is offered as an online, hosted solution, and that you have no right to obtain a copy of any of the Service.

Disclaimer

You understand and agree that the Service is provided “as is” and that you use the Service at your own risk. To the fullest extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to any implied warranties of fitness of the Service for a particular purpose.

We do not make any representation or warranty of any kind and do not assume any responsibility for any improvement to your exploratory testing process, approach or methodology and anything you are testing by use of the Service.

Access to the Service may be slow, limited or unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for any other reason beyond our reasonable control – either via us, our 3rd party cloud storage provider and/or platform-as-a-service provider. We may suspend or withdraw or restrict the availability of all or any part of our Service for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, but this may not be possible.

Prohibited conduct

By using the Service you agree not to:

  • use the Service for any illegal purpose or in violation of any national or international law;
  • interfere with security-related features of the Service, including by: (i) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; or (ii) hacking, password “mining” or using any other illegitimate means of interference;
  • modify or create derivatives of any part of the Service;
  • interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
  • perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission;
  • take action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service’s systems or networks, or any systems or networks connected to the Service

Termination

We reserve the right to modify, temporarily suspend or permanently delete your account and terminate your access to the Service if we have reason to believe that you have breached or acted inconsistently with the Terms of Use, including without limitation, fraudulent or unauthorised activity.

Either party hereto may terminate this Agreement at any time by giving notice in writing to the other party, which notice shall be effective upon receipt. If you wish to delete your account and terminate your Agreement with us, you may notify us by emailing Riskstorming@isleof.it.

The following sections of this Terms of Use will survive any expiration or termination of this Agreement: “Privacy”, “Trial period”, “Subscription Service and Cancellation Policy”, “Payment terms and Authorisation”, “Ownership”, “Disclaimer” and “Termination”.

Professional Services

Isle of IT BV may provide professional consulting services (“Professional Services”) purchased via an applicable order form. The scope of Professional Services will be as set forth in a Statement of Work referencing this Agreement and executed by both parties describing the work to be performed, fees and any applicable milestones, dependencies and other technical specifications or related information (“SOW”). Unless Professional Services are provided on a fixed-fee basis, you will pay Isle of IT BV at the per-hour rates set forth in the order form (or, if not specified, at Isle of IT BV’s then-standard rates) for any excess services. You will reimburse us for reasonable travel and lodging expenses as incurred. You may use anything delivered as part of the Professional Services in support of authorised use of the Service and subject to these Terms of Use and the applicable SOW, but Isle of IT BV will retain all right, title and interest in and to any such work product, code or deliverables and any derivative, enhancement or modification thereof created by Isle of IT BV.

Links to other websites

The Service may contain third-party owned content and links to other websites (“Third Party Websites”). We do not endorse, sponsor, recommend, or otherwise accept responsibility for any Third Party Websites.

Third Party Websites are not under our control and we are not responsible for the content or privacy practices of the Third Party Websites, including, without limitation, links contained on Third Party Websites or any changes or updates to Third Party Websites. We may provide third party content and Third Party Websites to you only as a convenience, and the inclusion of such third party content and Third Party Websites is not an endorsement by us in favour of any third party. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through Third Party Websites.

Links to this website

If you create or share a link to a page of this Site you do so at your own risk and the Disclaimer set out above will apply to your use of the Service by linking to it.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or person made eventuality outside of our control, which causes the termination of an agreement, nor which could have been reasonably foreseen. Both us and/or you affected by such event shall forthwith inform each other of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

If we and/or you fail to exercise or enforce any rights or provision of the Terms of Use, this shall not constitute a waiver of such rights or provisions. If any provision of the Terms of Use are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

You agree that these Terms of Use represent the entire understanding between us and you and these Terms of Use supersede any previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, between us and you.

Contact us

These Terms of Use are effective as of 1st of September, 2020. If you have any thoughts or questions about these Terms of Use please contact us via Riskstorming@isleof.it