Terms of Use
Last updated on January 2, 2025
1. Recitals
1.1. Root-Me PRO (hereinafter "RMP Platform") is an online learning platform dedicated to information security aimed at professionals. Publisher is the company Root-Me PRO, SAS, 29 B chemin de Grave 69450 Saint-Cyr-au-Mont-d'Or, registered with the Lyon Trade and Companies Register (RCS) under number 878 403 906 (hereinafter "the Company").
1.2. The RMP Platform is delivered as a SaaS (Software as a Service) available via the Company "root-me.pro" website.
2. Scope of Application & Enforceability
2.1. These Terms of Use (ToU) apply to the use of RMP Platform services (hereinafter "the Services") within the framework of a subscription taken out by a Professional (hereinafter "the Client"). They are binding on any person who uses the Services, either as a Client or as a person authorized by the Client to use the Services (hereinafter collectively referred to as "the User").
2.2. Use of the Services implies full and unreserved acceptance of these ToU and the Company's General Terms of Sale (ToS). They are complemented by the Specific Conditions for optional services that may be subscribed to by the Client.
2.3. The ToU are published on the Company's website and are subject to acceptance by the User upon their first connection to the Services. In any event, these terms are considered enforceable from the moment the User makes total or partial use of the Services.
2.4. ToU may be modified at any time by the Company, particularly in the event of changes to the RMP Platform or the Services for technical or security reasons. Changes to the ToU will be notified to the User upon accessing the RMP Platform and must be accepted again by the User.
2.5. In the event of non-compliance with the ToU by the User, the Company reserves the right to temporarily or permanently suspend their access under the conditions set forth herein.
2.6. The provisions of the General Conditions not specifically addressed or expressly modified herein shall remain in full force and effect.
3. Purpose
3.1. These Terms of Use define the technical, legal, and financial conditions under which the Company delivers the Services on the RMP Platform (hereinafter "the Services").
3.2. They apply, without restriction or reservation, to the use of any Service and technological tool made available to Users by the Company via the RMP Platform.
4. Entry into Force and Duration
4.1.These ToU take effect upon their acceptance by the User for the entire duration of the use of the Services, in accordance with the subscribed offer and the applicable Special Conditions. Provisions related to intellectual property and liability shall survive the termination of these terms.
5. Subscription and Access to Services
5.1. Prerequisites & Warnings
5.1.1. Users access the Services using their own equipment. User are advised to check the compatibility of their hardware, its configuration and their Internet connection settings in order to allow access to the RMP Platform. They must also ensure they have the minimum required configurations, namely the latest updated browser version, regardless of the browser used, especially for a computer (Firefox, Chrome, Safari) and for a smartphone or tablet (iOS and Android browser).
5.1.2. The use of specific software tools may be necessary for some Challenges. Users shall ensure, under their own responsibility, that they are authorized to install and use these tools in their professional environments.
5.1.3. Company disclaims all liability for difficulties arising from non-compliance with these prerequisites.
5.1.4. User shall bear sole responsibility for the use and security of their devices and the information system used, and are liable for electronic communication costs (including Internet access).
5.2. Subscription
5.2.1. Use of the RMP Platform requires the creation of a Client account and acceptance of these ToU, the ToS, and the Special Conditions, where applicable.
5.2.2. Clients fill in the various fields of the subscription form. When creating password, a certain level of complexity will be required for security reasons.
5.2.3. Clients undertake to verify that their information is accurate and complete and to update it regularly. In this respect, they guarantee not to impersonate any identity. They shall inform the Company without delay of any change of email address and any modification of their situation having an impact on the application of these terms. This information can be modified at any time in the "My Settings" section.
5.2.4. An activation email will be sent to the address provided in the registration form, marking the effective setup of the account and access to the Services. Once the account is created, the Client may subscribe to the various Services accessible online.
5.3. Access to Services
5.3.1. Users access their account by their own technical means entering their username and password.
5.3.2. In the absence of activity after a period of thirty (30) minutes, access to the account will be disconnected and new logging will be required.
5.3.3. Users shall bear sole responsibility for the preservation and confidentiality of their username and password, as well as for the activities arising from the use of their account. They undertake to take all necessary measures to ensure these remain confidential.
5.3.4. In case of loss, forgotten password, or voluntary or involuntary disclosure of these credentials to third parties, Users may contact the Company's customer service at the address support@root-me.pro. They can also change their password directly on the site.
5.4. Technical Support
5.4.1. Company undertakes to provide any technical assistance relating to the use of the RMP Platform under the specific conditions applicable to each offer. Users may submit their request for assistance by email to the address support@root-me.pro.
6. Availability, Access and Updates of the RMP Platform
6.1. Access to the Services is reserved to Users with Internet access who meet the prerequisites of these ToU.
6.2. Our Company takes the necessary measures to maintain the continuity and quality of its Services. RMP Platform is normally accessible to Users 24 hours a day, 7 days a week. However, given the technical difficulties inherent to the nature of the tool and the specific constraints of the Internet, the Company cannot guarantee continuous access to it.
6.3. The Company reserves the right to suspend the Services without prior notice in the event of a difficulty requiring urgent or necessary intervention, particularly in the event of an attack affecting the security or integrity of the RMP Platform.
6.4. Access to the Services may also be interrupted for maintenance reasons, particularly to perform an update of the RMP Platform or a modification of the services or functionalities. The Company will make its best efforts to carry out these operations during off-peak hours.
6.5. In case of interruption or impossibility to use the RMP Platform or access the Services, Users may contact customer service at the email address support@root-me.pro for information.
6.6. The Company shall not be liable for any financial compensation and shall incur no liability towards Users for the interruptions and/or suspensions as described above.
7. Confidentiality
7.1. All information accessible during the performance of the Services is confidential and covers all elements, data communicated, transmitted, or made available to Users without the need for a specific mention.
7.2. Users consequently undertake to keep the information confidential and to ensure that it is not disclosed or likely to be disclosed directly or indirectly to any third party.
7.3. They undertake to prevent confidential information from being copied, reproduced, or duplicated, in whole or in part, outside the use of the Services.
7.4. Users expressly agree not to copy, publish, or otherwise disseminate, or use for purposes other than personal, the solutions to the Challenges published on the RMP Platform. It is recalled, for all useful purposes, that the solutions are protected by the legal provisions relating to intellectual property.
7.5. The Client declares and guarantees the respect of this confidentiality commitment by its Users.
8. User Obligations
8.1. Users undertake to comply with these Terms Of Use. The Company reserves the right to suspend User's access, in whole or in part, in case of non-compliance with these provisions.
8.2. Given the specificity of the Services offered by the Company, Users especially undertakes to comply with the regulations in force, especially the legal provisions relating to the protection of information systems, personal data protection, and intellectual property.
8.3. In the context of using the Company's Services, regardless of the subscribed offer, Uses are prohibited from any act, behavior, or statement likely to harm the Company's reputation or to infringe, in particular, on public morals, the rights of third parties, the property and systems of third parties, or the normal functioning of the Services.
8.4. Users specifically undertake not to publish and use content that would be:
• offensive, abusive, defamatory, pornographic, threatening, or obscene;
• illegal, or intended to promote or commit an illegal act of any kind, including, but not limited to, violations of the intellectual property rights of the Company or a third party;
• malicious, such as malware, Trojans, or viruses, or otherwise interferes with any User's access to the Services;
• intended to harass or intimidate other Users;
• commercial or sales activities, such as advertising, promotions, contests, or other commercial activities not expressly authorized by the Company;
• likely to interfere with or in any way disrupt the Company's Services, tamper with, breach, or attempt to probe, scan, or test for vulnerabilities in the said Services or the Company's computer systems, network, usage rules, or any of the security components, authentication measures, or any other protection measures applicable to the RMP Platform, the Services, the content, or any part thereof.
8.5. Users undertake to use the Services in compliance with the Company's ethical and lawful approach. In this regard, they are prohibited from using the Services, data, information, and know-how acquired while using these Services to commit unlawful acts.
8.6. Restrictions - when using the Services and interacting with the RMP Platform, Users must not:
• Attack the environment made available to them, the computers of other Users, or any computers that are not clearly designated;
• Engage in actions aimed at preventing other Users from using the Services correctly (denial of service, sabotage, ...);
• Alter the Challenges data, unless specifically instructed to do so;
• Share or exchange flags, solutions, or hints between players;
• Publicly publish the Challenges solutions, unless specifically instructed to do so;
• Implement brute force techniques or intensive automated requests on the Challenges, unless specifically instructed to do so. A firewall protects the RMP Platform from denial-of-service attacks by automatically banning any IP address generating a large volume of traffic.
8.7. Users undertake not to fraudulently access parts of the RMP Platform to which access is restricted, not to remain therein, not to fraudulently modify and alter the data contained therein, and also undertake not to interfere with or interrupt the normal operation of the RMP Platform or the Services.
8.8. In the event of a breach of the above obligations, the Company reserves the right to temporarily or permanently interrupt User's access to the Services.
9. Company's Obligations
9.1. The Company undertakes to make its best efforts to allow Users to access the Services at all times, subject to the reservations expressed herein.
9.2. The Company undertakes to provide Users with a non-exclusive and non-transferable right of access and use of the RMP Platform for the duration of the offer, in accordance with the ToU and applicable specific conditions.
9.3. The Company reserves the right to modify the characteristics of the Services at any time while maintaining the same performance as expected from a similar service.
9.4. The Company gives no express or implied warranty with regard to the information or content published on the RMP Platform by Users.
9.5. The Company operates within an ethical framework of training, promotion, and awareness of information systems and network security. The Challenge data used is verified and exclusively fictitious. The Challenges are verified by the Company before they are made available on the RMP Platform.
10. Warranty - Liability
10.1. The Company undertakes to deliver Services accordingly to the contractual description, subject to compliance with the prerequisites set forth herein.
10.2. The Company does not represent or warrant in any way that the RMP Platform will operate error-free or is free from viruses. It cannot be held responsible for errors, lack of availability of information.
10.3. The Company's liability under the above warranties shall not be engaged in the following cases:
• Users non-compliance with technical prerequisites;
• Users non-compliance with the legislation of the country in which the Services are delivered, which the Client is responsible for verifying before placing their order;
• in case of improper use, use for professional purposes, accident, or force majeure;
• Users refusal to install the updates necessary to maintain the conformity of the Services.
10.4. Subject to its legal duties, the Company does not intervene in any way on User's Content and does control the validity and legality of the hosted Content.
10.5. The Company provides no warranties and disclaims any other express, implied or statutory warranties and shall not be held liable nor responsible for any damage regarding:
• incompatibility of User's devices with the Services;
• inadequacy of all or part of the Services fitness for a particular purpose;
• a non-compliant use of the Services by Users, particularly abnormal or fraudulent use;
• the quality of User's Internet connection;
• failures of third parties causing the unavailability of the RMP Platform;
• any interruption of Services related to a case of force majeure, authorities decisions, including judicial decisions, or a shutdown for security reasons.
10.6. The Company's liability for all claims related to the Services will not exceed the amount of any actual direct damages incurred by Users up to the amounts paid for the Services up to 12 months' charges if recurring charges occur, regardless of the basis of the claim; The company shall not be liable for indirect, incidental, special, punitive, or consequential damages, or for loss of use, loss of business information, loss of revenue, or interruption of business, however caused or on any theory of liability.
10.7. Users acknowledge using the Services under their exclusive responsibility. They undertake to immediately notify any fraudulent use of their account of which they might be aware.
10.8. Users agree to indemnify the Company against any claim, action, or demand for compensation from an internet user, a third party, or a public authority concerning information or an act of the User taken in violation of the ToU or current legislative provisions. Users are reminded that the offences referred to in articles 323-1 et seq. of the Penal Code are subject to criminal prosecution.
10.9. This clause remains applicable in the event of nullity, resolution, termination, or cancellation of the contractual relations between the Parties.
11. Intellectual Property
11.1. Company's assets
11.1.1. The general structure, as well as all texts, images, videos, sounds, photographs, trademarks, computer programs, downloadable documents, and all other elements composing the RMP Platform and the Services, are the intellectual property of the Company or may be freely used by the latter either because they are free of rights, or because a user license has been granted to it. It is specified that these elements include the Challenges offered on the RMP Platform as well as the solutions to said challenges and other associated resources.
11.1.2. The above elements are protected, in particular, by intellectual property rights that are or will be recognized according to the laws in force. Any total or partial reproduction of said elements is strictly prohibited and is likely to constitute an offense of counterfeiting.
11.1.3. The Company grants Users are personal, non-exclusive, and non-transferable licenses temporary right to use the Services for the entire duration of their use of the Services.
11.1.4. This use shall be consistent with its purpose, exclusive of any other, namely the right for the User to use the Services exclusively for their own needs and in compliance with the security and use prescriptions set forth herein.
11.1.5. This license covers the right to install, implement the Services and more specifically the Challenges on the RMP Platform and to use, reproduce, and represent them, permanently or temporarily, by any means and in any form known or unknown to date, for the purposes of loading, displaying, executing, transmitting, or storing.
11.1.6. The use of the Services does not transfer any intellectual property rights to Users; which shall remain the Company's property.
11.1.7. Users are prohibited from any action and any act likely to directly or indirectly infringe upon the property rights of the Company and any other User, including:
• copying, redistributing, reproducing, recording, transferring, performing, displaying, broadcasting, or making available to the public any part of the RMP Platform Services or using them in a manner not expressly authorized by the ToU, current law, or in any other way that violates its intellectual property rights;
• reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Services;
• circumventing any technology used to protect data and Services;
• selling, renting, or licensing any part of the Services;
• circumventing any territorial restrictions;
• removing or altering any copyright, trademark, or intellectual property title present;
• providing their password to any other person or using another person's username and password;
• "crawling" (indexing) the RMP Platform Services and/or the root-me.pro website or using any automated means (bots, scrapers, and spiders) to view, access, or collect information from the Services.
11.2. User's Content
11.2.1. In the course of using the Services, Users may create and host content defined as any data provided or generated by the User during the use of the Services (e.g., publishing, uploading, ...) such as images, text, messages, Personal Data, or information, as well as any data that may constitute the Challenges that the User would improve or design, and which may include, but is not limited to: executable code, source code, vulnerable services/applications/systems, virtual machines, documents - solutions or answers, specific instructions, public documentation, etc. (hereinafter the Content).
11.2.2. This Content remains the property of Users and is governed, where applicable, by special conditions. The Company disclaims all liability for the legality of said Content, over which it exercises no control.
11.3. Third-Party Elements
11.3.1. The RMP Platform may contain hypertext links giving access to third-party websites or content provided by third parties under their own responsibility. The Company disclaims all liability for the content of the information provided on these third-party sites or for the activation of the hypertext link and for the privacy policy of these sites.
11.3.2. The User undertakes to respect the intellectual property rights of third parties to which they will have access through the use of the Services.
12. Suspension of Services - Termination
12.1. In the event of non-compliance by Users with the provisions of these terms (in particular for non-payment of an invoice, false statement, illegal act, or for behavior likely to prejudice the Company or other Users), the Company will issue a formal notice to Users to remedy the alleged defects within a reasonable time.
12.2. Failing this, the Company may proceed to suspend or limit User's access to their account and the Services.
12.3. Suspension will occur without prior notice in case of suspected criminal offense, infringement of intellectual property rights, as well as in the event of a report from a third party, for the time necessary to process said report.
12.4. The Company reserves the right to seize any authority or to take any action against an User to meet a legal obligation or to preserve its rights.
12.5. Users are reminded that the Company may terminate these terms without compensation if a cause for suspension has not disappeared within one (1) month from the suspension of the service as referred to herein.
12.6. These provisions may also be terminated in the event of a breach, in accordance with the provisions of Article 1226 of the Civil Code and in application of the termination article of the ToS.
12.7. Subject to applicable legal provisions, the Company will make available to Users a copy of the data they own and hosted as part of the Services. User's Content may be retrieved in a readable format within one (1) month from the termination of their access. Users are informed that on expiry of this period, it will not be possible for them to request a copy of their Content.
13. Personal Data
13.1. To provide the Services, the Company collects and processes Personal Data concerning Users. In this context, the Company acts as a Data Controller.
13.2. This processing is carried out in accordance with the legal and regulatory provisions relating to the personal Data protection, in particular, French Law N° 78-17 of January 6, 1978, and Regulation (EU) 2016/679 of April 27, 2016, of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data (known as "GDPR"), as well as any other legislative or regulatory provision in force.
13.3. The methods of collecting and processing Personal Data, as well as the rights that Users have over them, can be consulted our “Privacy notice”.
13.4. Specific mentions are also included on each data collection form to ensure Users are fully informed before any processing of their data.
13.5. User are also invited to review our cookies notice and to configure their choices in this matter on the dedicated interface.
14. Governing Law
These provisions will be governed by and construed in accordance with the laws of France. They were originally drafted in French: in case of any difference of interpretation, French version shall prevail.
15. Dispute Resolution
14.1. Any complaint must first be addressed to Root-Me Pro's customer service at : support@root-me.pro, or to the postal address: Root-Me PRO, 29 bis Chemin de Grave, 69450 Saint-Cyr-au-Mont d'Or, France.
14.2. When bringing an action arising under this agreement, the parties agree to the following exclusive venue : French jurisdictions of LYON. This choice does not prevent either party from seeking injunctive relief in any appropriate jurisdiction with respect to a violation of intellectual property rights.
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