Legal
Terms of Service
Last updated [TO CONFIRM]
These terms govern use of the Refinery software and this website. Where you have signed a separate written agreement with us, that agreement takes precedence over anything here.
01Who these terms are with
Refinery is provided by [TO CONFIRM: registered company name], company number [TO CONFIRM], registered at [TO CONFIRM: registered address] (“we”, “us”). “You” means the organisation entering into these terms.
02Licence
Subject to these terms and to payment of any fees due, we grant you a non-exclusive, non-transferable licence to install and use Refinery within your own organisation for the term agreed. You may not sublicense it, resell it, or provide it as a service to third parties without our written agreement. [TO CONFIRM: reconcile this with the open-source licence in LICENSE; state clearly which components are licensed under which terms.]
03What Refinery does and does not promise
Refinery is an independent verification tool. It analyses changes to COBOL and produces evidence about them. It does not approve changes, does not replace your own change-control process, and does not constitute legal, regulatory or audit advice.
A PASS verdict means the checks that ran found no divergence. It is not a warranty that the modified program is defect-free, nor that your regulator will accept the change. Where checks are disabled because a dependency is unavailable, the product records that fact and you should read the certificate accordingly.
04Your responsibilities
You are responsible for the code you submit for analysis, for having the right to submit it, for how you deploy Refinery within your environment, and for the decisions you take on the basis of its output. You must keep credentials secure and must not attempt to defeat the product’s tamper-evidence or access controls.
05Fees
Fees are as set out in your order or written agreement. [TO CONFIRM: payment terms, invoicing frequency, currency, late-payment position, and how the risk-share model is calculated and evidenced.]
06Intellectual property
We retain all intellectual property in Refinery. You retain all intellectual property in your source code and in the evidence produced from it. Nothing here transfers ownership of your code to us.
07Liability
[TO CONFIRM: this clause must be drafted or reviewed by your solicitor; a liability cap that is unenforceable is worse than none. It should address the cap, excluded losses, and the carve-outs that cannot lawfully be excluded, including death or personal injury caused by negligence and fraud.]
08Term and termination
[TO CONFIRM: notice periods, what happens on termination, and how long you retain access to evidence already generated. Note that evidence produced by Refinery is a standard signed PDF and structured record that remains readable without the product.]
09Governing law
These terms are governed by the laws of [TO CONFIRM: jurisdiction], and the courts of [TO CONFIRM] have exclusive jurisdiction.