terms of use
BantuFin Terms of Use
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Last updated: February 15, 2021.
Welcome, and thank you for your interest in Afreekunite, Inc., BantuFin (“BantuFin,” “we,” “our,” or “us”). These Terms of Use constitute a legally binding agreement (the “Agreement”) between you and BantuFin governing your access to and use of the BantuFin website, mobile application, BantuFin Material, software, API, products, and services provided by us (collectively, the “Service”).
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PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICE. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT INCLUDES A JURY TRIAL WAIVER AND CLASS ACTION WAIVER, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE FOR ANY DISPUTES.
VEUILLEZ LIRE ATTENTIVEMENT CET ACCORD AVANT D’UTILISER LE SERVICE. CETTE ENTENTE CONTIENT UNE DISPOSITION D’ARBITRAGE EXÉCUTOIRE QUI COMPREND UNE RENONCIATION AU PROCÈS DEVANT JURY ET UNE RENONCIATION AU RECOURS COLLECTIF, AINSI QU’UNE CLAUSE QUI RÉGIT LA COMPÉTENCE ET LE LIEU POUR TOUT DIFFÉREND.
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By entering into this Agreement, and/or by accessing or using the Service, you expressly acknowledge that you have read, understood, and agree to be bound by this Agreement. If you are accessing and using the Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. This Agreement applies to all visitors, users, and others who access or use the Service (“Users,” “you,” or “your”). We reserve the right, at our sole discretion, to change, modify, add, or remove portions of this Agreement, at any time, by posting changes to this page. Your continued access to or use of the Service after such posting confirms your consent to be bound by this Agreement, as amended. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICE.
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1.Privacy Policy and Additional Terms
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Our Privacy Policy explains how we collect, use, and share your information, and is hereby incorporated into this Agreement. You agree that your access to and use of the Service is governed by our Privacy Policy.
Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link from the Service (the “Additional Terms”), such as end user license agreements for any downloadable software applications, or rules applicable to a particular feature or content on the Service. All Additional Terms are incorporated by reference into, and made a part of, this Agreement.
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2. Eligibility
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To use the Service you must be, and hereby represent that you are, an individual 16 years or older who can form legally binding contracts. Persons under the age of 16, or any higher minimum age in the jurisdiction where that person resides, are strictly prohibited from accessing or using the Service unless their parent has consented in accordance with applicable law. Additionally, you are prohibited from accessing or using the Service if you are barred from receiving services under applicable law or have previously been suspended or removed from the Service.
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3. Accounts and Registration
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To access and use the Service you must create an account (“Account”) by providing us with information such as your name, contact information, and additional information we may ask you to provide. You must provide accurate, current, and complete information during the registration process and keep your Account information up-to-date at all times. You are responsible for all activity that occurs in association with your Account. We are not liable for any loss or damage caused by your failure to maintain the confidentiality of your Account credentials. You must immediately notify us if you discover or suspect any security breach related to the Service or your Account.
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4. Limited License Grant; use of the service
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License Grant
Subject to this Agreement, we grant you a limited non-exclusive, non-transferable, non-sublicensable, revocable right and license to access and use the Service (including any documentation generally made available to our Users) to create, document, and manage projects (each, a “Project”) that may be made available to your customers or other members of the general public (each, a “Collaborator”).
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Our Rights
We reserve the right, but are not obligated, to investigate any violation of this Agreement or misuse of the Service. We may: (i) remove, disable access to, or modify any content or resource that violates this Agreement; and (ii) report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Any such reporting may include disclosing certain User Content, including Account information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Agreement. We may also access and disclose User Content if we believe in good faith that such access or disclosure is reasonably necessary to protect the rights, property, or safety of the Service, us, our employees, directors, officers, partners, or agents, or members of the public.
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5. Restrictions
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In addition to any other restrictions set forth in this Agreement, you agree not to engage in, attempt to engage in, or permit or assist others in engaging in, any of the following prohibited activities: (i) use any software, script, code, device, crawler, robot, or other means not provided by us to access the Service; (ii) circumvent, disable, or otherwise interfere with security-related features on the Service; (iii) modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service; (iv) access or use the Service in any manner that may damage, disable, unduly burden, or impair any part of the Service, or any servers or networks connected to the Service; (v) post information or interact with the Service in in a manner which is fraudulent, libelous, abusive, obscene, profane, harassing, or illegal; (vi) use the Service for any illegal purpose or in violation of any law, statute, rule, permit, ordinance or regulation; (vii) gain or attempt to gain unauthorized access to the Service; (viii) interfere or attempt to interfere with the Service provided to any User or network, including without limitation, via means of submitting a virus to the Service, spamming, crashing, or otherwise; (ix) engage in commercial use or distribution of the Service (other than use of the App for your business purposes), or copy or create any derivative work of the Service; (x) use the Service in any way that infringes or misappropriates any third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy; and (xi) disclose the results of testing or benchmarking of the Platform.
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6. Service Availability
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We will use commercially reasonable efforts to make the Service available at all times, except for scheduled downtime and any unavailability caused by events beyond our reasonable control, such as fires, natural disasters, government actions, civil unrest, or Internet service provider failures or delays. We may, without prior notice and at our sole discretion, change the Service, stop providing the Service or certain features of the Service, or create usage limits for the Service. Notwithstanding the foregoing, we will endeavor to take reasonable steps to notify you prior to discontinuing any features or making any other changes to the Service. We will use reasonable efforts to provide support service for the Service in accordance with this Agreement. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. You may contact us at the email address below for support.
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7. Content
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User Content
You are responsible for all text, images, photographs, or other materials provided, created, or uploaded to the Service that are associated with your Account (“User Content”). User Content includes all data generated by or submitted to the Service. You represent and warrant that: (i) you have all necessary rights, consents, and permissions to submit to the Service and otherwise disclose, transfer, and use all User Content. By posting, displaying, sharing, or distributing User Content, you grant us, our affiliates, and any applicable Third-Party Services (defined below), a non-exclusive, transferable, perpetual, irrevocable, fully paid license to: use, copy, and prepare derivative works of User Content for the purpose of operating and improving the Service, and providing related services, if applicable.
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Usage Data
We may collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Service and related systems and technologies, including without limitation, information concerning User Content and data derived therefrom that does not specifically identify a User (“Usage Data”). We own all right, title, and interest in and to Usage Data.
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8. Ownership and Proprietary Rights
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BantuFin Material
Except for the limited license granted to you in this Agreement and except for User Content, we retain all right, title, and interest in and to the Service and associated documentation, all data, text, images, logos, software, content, and other information and content available on or through the Service, and any and all enhancements, improvements, developments, derivative works, or other modifications made to or related to the foregoing (“BantuFin Material”). The BantuFin Material is protected by copyright, trademark, and/or other intellectual property laws and you acknowledge and agree that we retain all right, title, and interest in and to the BantuFin Material. Except as expressly stated in this Agreement, you may not sell, transfer, alter, reproduce, distribute, republish, download, display, post, or transmit any BantuFin Material, in whole or in part, by any means.
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User Content
Except for the limited licenses granted to us in this Agreement, as between the parties, you retain all right, title, and interest in and to the User Content.
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Feedback
You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Service (“Feedback”) will be the sole and exclusive property of us and you hereby irrevocably assign to us all of your right, title, and interest in and to all Feedback.
9. Disclaimer
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THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ANY COMPONENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, ACCURACY, TIMELINESS, QUALITY, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE, OUR SUBSIDIARIES, OUR AFFILIATES, AND OUR THIRD-PARTY LICENSORS DO NOT WARRANT THAT: (I) THE SERVICE OR YOUR USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR CORRECT; (II) THE SERVICE OR YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (III) THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, TIMELY, UNINTERRUPTED, OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V)THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OTHERWISE USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE OF THE SERVICE OR ANY COMPONENT.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
If you live in a state that does not allow for the disclaimer of certain warranties, the disclaimers above may not apply to you.
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13. Indemnity
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You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, and affiliates (the “Entities”) harmless from any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), arising out of or relating to: (i) your access to or use of the Service; (ii) all User Content and Apps; (iii) your violation of any portion of this Agreement or any applicable law, rule, or regulation; or (iv) your violation of any third-party right.
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14. Limitation of Liability
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE ENTITIES OR ITS THIRD-PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF THE ENTITIES AND ITS THIRD-PARTY LICENSORS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OF OR ACCESS TO THE SERVICE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100). IF THE JURISDICTION YOU ARE IN DOES NOT ALLOW FOR THE EXCLUSION OF CERTAIN TYPES OF DAMAGES, THEN SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN CERTAIN CIRCUMSTANCES.
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15. Alerts and Notifications
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By entering into this Agreement or using the Service, you agree to receive communications from us, including emails, text messages, alerts, and other electronic communications. Standard message and data rates apply to all messages sent to or received from us. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
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16. Dispute Resolution
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PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
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The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. If the parties do not reach an agreed upon solution within a period of ninety (90) days from the time such informal dispute resolution is pursued, then either party may initiate binding arbitration. Any dispute that arises as a result of this agreement will be definitively resolved under the auspices of the "Canadian Centre for Commercial Arbitration" through arbitration and to the exclusion of the courts, in accordance with its regulations in force at the time of the signing of this contract. Arbitration sessions will be held in the City of Montreal, in French.
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The parties each acknowledge and agree to waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, each party retains the right to bring an individual action in small claims court or the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyright, trademark, trade secret, patent, or other intellectual property right. If any court or arbitrator determines that the foregoing class action waiver is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision herein shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
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In addition to the severability provisions set forth above, in the event that any portion of this arbitration provision is deemed illegal or unenforceable, such provision shall be severed and the remainder of this section shall be given full force and effect. Any Claim or cause of action you may have arising out of or relating to this Agreement or the Service must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred. The parties specifically exclude from application to this Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.
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17. Term and Termination
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This Agreement commence when you first visit or use any feature of the Service and shall apply to all of your subsequent visits and uses. We may, at our sole discretion, terminate your access to and use of the Service, with or without cause, immediately, and without notice, which may include no longer supporting Projects. We will not be liable to you or any third party for any such termination. Upon any termination, discontinuation, or cancellation of the Service or your access thereto, your right to access or use the Service will immediately terminate. All provisions of this Agreement which by their nature should survive termination shall survive the termination of your access to the Service, including without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
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18. General
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Except as provided in Section 16 above, this Agreement is governed by the laws of the State of Quebec, Canada without regard to conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Montreal, Quebec for the purpose of litigating any dispute. You may not assign or transfer this Agreement or your rights herein, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement at any time without notice or consent. If any portion of this Agreement is held invalid, you agree that such invalidity will not affect the validity of the remaining portions of this Agreement. We may identify you as a customer in standard marketing materials, including the customer page of our website. No waiver by us of any breach or default of this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement represents the complete agreement between the parties regarding the subject matter set forth herein and supersedes all prior agreements and representations between you and us.
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19. Contact
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Please contact us with any questions regarding this Agreement at innovation@bantufin.com
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