Terms of Service

Terms of Service

Fenko Limited ("Fenko", "we", "us", "our") operates the Risky Plugins platform and related services (the "Services"). By accessing or using the Services, you ("you", "Customer", "User") agree to these Terms of Service ("Terms"). If you do not agree, you must not use the Services.

For company details and contact information, see Fenko.nz.

1. Eligibility

• You are at least 18 years old.
• You have authority to bind your organisation where you act on its behalf.

2. Service Description

Risky Plugins provides security intelligence and analytics, including security scoring, risk assessment, dashboards, reports, APIs and related documentation.

3. Accounts and Security

• You are responsible for maintaining the confidentiality of your credentials.
• You are responsible for all activities under your account.
• You must promptly notify us of any unauthorised access or suspected compromise.
• We may suspend access if we reasonably suspect misuse, security risk or breach.

4. Acceptable Use

• No use in breach of applicable law.
• No unauthorised scanning, intrusion, disruption or circumvention of security.
• No distribution of malware or harmful content.
• No misrepresentation of Risky Plugins outputs as guarantees, certifications or legal advice.
• No reverse engineering of the Services, except where required by non-excludable law.

5. Intellectual Property and Licences

All rights in the Services, including software, models, rules, scoring methodologies, datasets, UI/UX and documentation, are owned by Fenko or its licensors. Except as set out below, no rights are assigned or transferred to you.

We grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and internally use Service outputs, including dashboards, reports, scores, alerts and metadata ("Service Data"), solely for your internal security, compliance, risk management, due diligence and governance purposes.

Prohibited use (no competitive use / no training):

• You must not use Service Data, outputs, reports, scores, alerts, metadata, models, rules, or methodologies, in whole or substantial part, to train, fine-tune, test or improve any machine learning model, scoring system, dataset or analytics engine.
• You must not use Service Data or outputs to create, provide or improve any product or service that competes, directly or indirectly, with Risky Plugins or Fenko's security, scoring, discovery, monitoring or risk intelligence offerings.
• You must not systematically scrape, harvest, bulk export or offer Service Data as a standalone product or feed without our prior written consent.

Any breach of this clause is a material breach and may result in immediate suspension or termination of access, in addition to other remedies.

6. Customer Data

"Customer Data" means data, content and configuration you or your users submit to the Services (excluding Service Data). You retain ownership of Customer Data. You grant us a licence to host, process and use Customer Data solely to provide, secure and improve the Services for you, and to derive aggregated or de-identified insights that do not identify you or individuals.

7. Privacy

Our handling of personal information is described in our Privacy Policy available on this site, which forms part of these Terms.

8. Third-Party Services

The Services may incorporate or reference third-party marketplaces, tools or data sources. Their terms and privacy practices apply to their services. We are not responsible for third-party content.

9. Availability and Changes

We aim for high availability but do not guarantee uninterrupted or error-free operation. We may modify or discontinue features where reasonably necessary for performance, security, legal or product reasons. If you are on a paid plan and a change materially degrades the Services for you, your remedy is to stop using the Services and request any applicable pro-rata refund of prepaid unused fees.

10. Disclaimers

The Services and Service Data are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, and we do not warrant that scores, reports or insights are complete, accurate or suitable for any particular purpose. Outputs do not constitute legal, compliance or security certification.

11. Liability

Nothing limits rights that cannot be excluded under New Zealand law. To the extent permitted, we are not liable for indirect or consequential loss, or loss of profits, revenue, goodwill or data. Our total aggregate liability for all claims in any 12-month period is limited to the fees you paid us for the Services in that period, or NZD 100 if you use the Services for free.

12. Indemnity

You indemnify Fenko for losses arising from your breach of these Terms or misuse of the Services or Service Data.

13. Suspension and Termination

We may suspend or terminate access if we reasonably believe you breached these Terms (including prohibited Service Data use), your use poses a security or legal risk, or we are required to do so by law. Relevant clauses survive termination.

14. Governing Law

These Terms are governed by New Zealand law. You and Fenko submit to the exclusive jurisdiction of the New Zealand courts, except where applicable law requires otherwise.

15. Changes

We may update these Terms from time to time by posting an updated version here. Material changes will be signalled within the Service or on our website. Continued use after changes take effect constitutes acceptance.