Terms of Service

Last updated: 26.08.23

Banuba Limited, incorporated and registered in Hong Kong with Company number 2360577 whose registered office is at Office A, 16/F Heng Shan Centre 145 Queen’s Road East, Wan Chai, Hong Kong, together with its affiliates (“We”, “Banuba”, “Company”) is publishing these Terms of Service of Banuba Developer Portal (“Portal”) under the conditions outlined below:

1. ACCEPTANCE OF THESE TERMS OF SERVICE

1.1. These Terms of Service shall govern your use of the Portal. By using our Portal, you accept these Terms of Service in full; accordingly, if you disagree with these Terms of Service or any part of these Terms of Service, you must not use the Portal.

1.2. The Company gives you permission to use the Portal if you confirm that you are not younger than 13 (thirteen) years old and use the Portal in accordance with Acceptable Use (Section 2) and Restrictions (Section 3). You must no longer use the Portal if the Company contacts you directly to say that you must not.

1.3. Please note that the text of these Terms of Service is valid only at the time you read it. The text hereof may be changed or amended at any time and the latest version shall be considered to be the only valid. Once you get notice of an update to these Terms, you must agree to the new Terms in order to keep using the Portal.

1.4. In case you decline to agree to the Terms of Service, you will not be granted permission to use the Portal. Using any part of the Portal including account information, posts, or other Content you submit to the Portal indicates that you accept these Terms of Service.

2. ACCEPTABLE USE

2.1. You may not break the law using the Portal.

2.2. You may not use or try to use another’s account on the Portal without their specific
permission.

2.3. You may not buy, sell, or otherwise trade in user names or other unique identifiers on
the Portal.

2.4. You may not send advertisements, chain letters, or other solicitations through the Portal, or use the Portal to gather addresses or other personal data for commercial mailing lists or databases.

2.5. You may not automate access to the Portal, or monitor the Portal, such as with a web crawler, browser plug-in or add-on, or other computer program that is not a web browser. You may crawl the Portal to index it for a publicly available search engine, if you run one.

2.6. You may not use the Portal to send email to distribution lists, newsgroups, or group mail aliases.

2.7. You may not falsely imply that you’re affiliated with or endorsed by the Company.

2.8. You may not remove any marks showing proprietary ownership from materials you
download from the Portal.

2.9. You may not disable, avoid, or circumvent any security or access restrictions of the
Portal.

2.10. You may not strain the infrastructure of the Portal with an unreasonable volume of requests, or requests designed to impose an unreasonable load on information systems underlying the Portal.

2.11. You may not impersonate others through the Portal.

2.12. You may not encourage or help anyone in violation of these Terms of Service.

3. RESTRICTIONS

3.1. “Content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us for storage or publication on, processing by, or transmission via, our Portal.

3.2. You must not submit Content to the Portal that is illegal, offensive, or otherwise harmful to others. This includes Content that is harassing, inappropriate, abusive, or hateful conduct.

3.3. You must not submit Content to the Portal that violates the law, infringes anyone’s intellectual property rights, violates anyone’s privacy, or breaches agreements you have with others.

3.4. You must not submit Content to the Portal containing malicious computer code, such as computer viruses or spyware.

3.5. You must not submit Content to the Portal as a mere placeholder, to hold a particular address, user name, or other unique identifier.

3.6. You must not use the Portal to disclose information that you don’t have the right to disclose, like others’ confidential or personal information.

4. YOUR CONTENT

4.1. The Content you submit to the Portal belongs to you, and you decide what permission to give others for it. Nothing in these Terms gives the Company any ownership rights in intellectual property that you share with the Portal, such as your account information, posts, or other Content you submit to the Portal.

4.2. Nothing in these Terms gives you any ownership rights in the Company’s intellectual
property, either.

4.3. You grant to the Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your Content in any existing or future media in relation to this Portal and any successor website.

4.4. When the Content you submit is removed from the Portal, whether by you or by the Company, the Company’s special license ends when the last copy disappears from the Company’s backups, caches, and other systems. Other licenses you apply to the Content you submit may continue after your Content is removed. Those licenses may give others, or the Company itself, the right to share your Content through the Portal again.

4.4.1. Others who receive the Content you submit to the Portal may violate the terms on which you license your Content. You agree that the Company will not be liable to you for those violations or their consequences.

4.5. Without prejudice to other provisions under these Terms of Service, if you breach any provision of these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may delete, unpublish or edit any or all of your Content.

5. REGISTRATION AND ACCOUNT

5.1. You must create and log into an account to use some features of the Portal.

5.2. To create an account, you must provide some information about yourself. If you create an account, you agree to provide, at a minimum, a valid e-mail address, and to keep that address up-to-date.

5.3. You agree to be responsible for all actions taken using your account, whether authorized by you or not, until you either close your account or notify the Company that your account has been compromised. You agree to notify the Company immediately if you suspect your account has been compromised. You agree to select a secure password for your account and keep it secret.

5.4. The Company may restrict, suspend, or close your account on the Portal according to its policy for handling copyright-related takedown requests, or if the Company reasonably believes that you’ve broken any rule in these Terms.

6. PERSONAL DATA

6.1. The Company will have access to some categories of data, which may include personal data, under the terms specified in the Privacy Policy. When you use our Portal, you acknowledge that the Privacy Policy applies to you. If you do not want us to process your data in the ways described in our Privacy Policy, you must not use Portal.

7. LIABILITY

7.1. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Portal or these Terms of Service (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

7.2. We will not be liable to you in respect of:

any losses arising out of any event or events beyond our reasonable control.
any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
any loss or corruption of any data, database or software.
any special, indirect or consequential loss or damage.

7.3. Between you and the Company, you remain solely responsible for the Content you submit to the Portal. You agree not to wrongly imply that Content you submit to the Portal is sponsored or approved by the Company. These Terms do not obligate the Company to store, maintain, or provide copies of the Content you submit, and to change it, according to these Terms.

8. DISCLAIMERS

8.1. The Portal may hyperlink to and integrate forums and services run by others. The Company does not make any warranty about services run by others, or content they may provide. Use of services run by others may be governed by other terms between you and the one running service.

9. FEEDBACK

9.1. The Company welcomes your feedback and suggestions for the Portal. See Section 11
below to find the ways to get in touch with us.

9.2. You agree that the Company will be free to act on feedback and suggestions you provide, and that the Company won’t have to notify you that your feedback was used, get your permission to use it, or pay you. You agree not to submit feedback or suggestions that you believe might be confidential or proprietary, to you or others.

10. GOVERNING LAW AND JURISDICTIONS

10.1. The relations of the parties under these Terms of Service shall be governed by the law of England and Wales.

10.2. Each party to these Terms of Service shall use its good faith efforts to resolve any dispute arising out of or in connection with these Terms of Service, or the breach, termination or invalidity thereof promptly and amicably and without resort to any legal process. Within 60 (sixty) days of the dispute notice sent to another party (“Prejudicial claim”), the parties shall promptly discuss in writing such a dispute in good faith. If the parties are not successful in resolving the dispute through amicable written discussions by the end of such 60 (sixty) day period, then the dispute shall be resolved through competent court pursuant to clause 10.4 of these Terms of Service.

10.3. The parties have agreed that either party’s written response to the Prejudicial claim shall be submitted within 30 (thirty) day period commencing from the date when the respective Prejudicial claim was received by the other party.

10.4. Each party to these Terms of Service irrevocably agrees that any dispute, controversy or claim arising out of or in connection with these Terms of Service, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English. The arbitral tribunal shall be composed of 1 (one) arbitrator. These Terms of Service shall be governed by the substantive law of England and Wales.

11. CONTACT

11.1. You can contact us by email via legal@banuba.com.