LEGAL

Terms and Conditions

Please read these Terms of use carefully. These are the Terms & Conditions governing your access and use of this website ("Site").

WHAT WE DO
Customer Journey Management Platform

UrbanBuz enables B2C businesses across all industries to connect, unify, and unlock their customer data potential in order to start optimizing their customer engagement and marketing budget, while delivering personalized connected customer experiences at scale.

LEGAL

UrbanBuz Terms of Use

Date of Last Revision: 30 September 2019

Welcome to UrbanBuz. We're glad you're here, and we hope you enjoy everything we have to offer.

These terms and conditions of use, and any additional terms incorporated by reference herein, including but not limited to, the Privacy Policy (collectively, the Terms), govern your use of the websites that link to these Terms.

Please read these Terms carefully because they are a binding agreement between you and Urbanbuz Limited, including any if its related companies or affiliates (the Affiliates), together referred to as the Company.

In these Terms, the word "Sites" refers to each of these websites and the services offered on those Sites. The terms we, our and UrbanBuz refer to the Company. The terms you, your and User refer to the user of the Sites. You automatically agree to these Terms simply by using or logging into the Sites.

Please note that we offer many services. Your use of the UrbanBuz products or solutions are provided by the Company pursuant to a separate manually or digitally-executed agreement (the Separate Agreement), which terms supersedes the Terms mentioned herein, in case of conflict. Those additional terms become part of your agreement with us, if you use the services or log into the Sites.

UrbanBuz may revise the Terms at any time without notice to you. The revised Terms will be effective when posted.

BY REGISTERING FOR, ACCESSING, AND/OR OTHERWISE USING THE SITE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING ANY FUTURE MODIFICATIONS, AND ALL POLICIES OF THE SITE ARE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE - AND ARE NOT AUTHORIZED TO USE - THE SITE.

WITHOUT LIMITATION OF ANY OTHER PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THE SITE MAY BE TERMINATED IMMEDIATELY IN URBANBUZ's SOLE DISCRETION, WITH OR WITHOUT NOTICE, IN ACCORDANCE WITH THE TERMINATION CLAUSE IN THE SEPARATE AGREEMENT.

You are responsible for all compliance with laws and regulations which apply to you.

Through the Site, you have access to a variety of resources and content. These include: (i) software and software as a service offerings ( Software); (ii) Web pages, data, messages, text, images, photographs, graphics, audio and video, and documents such as press releases, white papers and product data sheets (Materials ); and (iii) other services in connection with which you can upload, download, share, email, post, publish, transmit or otherwise access or make available Content (as defined below) (Services). Software, Materials, Services, and other information, content and services are collectively referred to as "Content."

1. Terms applicable to specific Content and areas of the Site

Some areas of the Site or Content provided on or through the Site may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Site or Content (including terms and conditions applicable to a corporation or other organization and its users). If there is a conflict or inconsistency between these Terms and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Site or for specific Content, the latter shall have precedence with respect to your access and use of that area of the Site or Content.

2. Eligibility

The Service is not for persons under the age of 18 or for any users previously suspended or removed from the Services by UrbanBuz. You must not use the Services for or in connection with the impersonation of any person nor to misrepresent your identity or affiliation with any person or organization.

3. Use of Software

Your use of Software is subject to all agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply (License Terms). In the event that Software is provided on or through the Site and is not licensed for your use through License Terms specific to the Software, you may use the Software subject to the following: (i) the Software may be used solely for your personal, informational, noncommercial purposes, (ii) the Software may not be modified or altered in any way and (iii) the Software may not be redistributed.

4. Use of Materials

You may download, store, display on your computer, view, and print Materials that UrbanBuz publishes on the Site or makes available for download through the Site subject to the following: (i) the Materials may be used solely for your personal, informational, noncommercial purposes; (ii) the Materials may not be modified or altered in any way; and (iii) the Materials may not be redistributed.

5. Use of Services

Services are provided as a convenience to users and UrbanBuz is not obligated to provide any technical support for, or participate in, the Services. While the Services may include information regarding UrbanBuz products and services, including information from UrbanBuz employees, they are not an official customer support channel for UrbanBuz.

6. You may use the Services subject to the following

Services may be used (i) solely for your personal, informational, noncommercial purposes, (ii) Content provided on or through Services may not be redistributed, and (iii) personal data about other users may not be stored or collected except where expressly authorized by UrbanBuz.

7. Reservation of Rights

The Site and Content provided on or through the Site are the intellectual property and copyrighted works of UrbanBuz or a third-party provider. All rights, title and interest not expressly granted with respect to the Site and Content provided on or through the Site are reserved. All Content is provided on an "As Is" and "As Available" basis, and UrbanBuz reserves the right to terminate the permissions granted to you above and your use of the Content at any time.

8. Your Content

You agree that you will only upload, share, post, publish, transmit, or otherwise make available (Share) on or through the Site, Content that you have the right and authority to Share and for which you have the right and authority to grant to UrbanBuz all of the licenses and rights set forth herein. By sharing content, you grant UrbanBuz a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sub-licensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Content into any UrbanBuz product or service, and to display, market, sublicense and distribute the Content as incorporated or embedded in any product or service distributed or offered by UrbanBuz without compensation to you. You warrant that: (i) you have the right and authority to grant this license; (ii) UrbanBuz's exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (iii) all so-called moral rights in the Content have been waived to the full extent allowed by law.

You agree that you will neither use the Site in a manner, nor Share any Content, that: (i) is false or misleading; (ii) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (iii) invades another's privacy or includes, copies or transmits another's confidential, sensitive or personal information; (iv) promotes bigotry, racism, hatred or harm against any group or individual; (v) is obscene or not in good taste; (vi) violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights; (vii) you do not have the right and authority to Share and grant the necessary rights and licenses for; (viii) violates or promotes the violation of any applicable laws or regulations; (ix) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (x) contains any viruses, Trojan horses which means a program designed to breach the security of a computer system while ostensibly performing some innocuous function, or other components designed to limit or harm the functionality of a computer. UrbanBuz may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.

UrbanBuz does not want to receive confidential information from you through or in connection with the Site. Notwithstanding anything that you may note or state in connection with the Share of Content, it shall not be considered confidential information and shall be received and treated by UrbanBuz on a non-confidential and unrestricted basis and UrbanBuz shall not take and shall not be required to take any steps to safeguard the confidentiality of any information that you Share, other than as specified in UrbanBuz's Privacy Policy.

9. API

API means the application programming interfaces developed, enabled by or licensed to us that permits a User to access certain functionality provided by the Services. API Policies means the policies published on the websites that govern the use of APIs, as specified below, as updated from time to time.

9.1. APIs Policies: Urbanbuz APIs are classified into either production or beta APIs. A production API is one that has been made generally available for public use and is stable. A beta API is one that is still in development or is for internal or limited use and whose stability cannot be guaranteed. Beta APIs may be removed or modified at any time without advance notice. The following policies apply to production APIs only.

9.2. Breaking Change Policy: Changes that do not break an API, such as adding a new attribute can be made at any time. Changes that break a production level API such as removing attributes or making major changes to the API's behavior will only be done with an advance notice. However, there may be rare occasions where due to legal, performance, or security reasons, we are forced to make breaking changes without advance notice.

Every single piece of information or data - be it a customer's ID or the priority of a specific ticket - can be identified by its own unique identifier or "URI".

Everyone will not have the same access rights. Your ability to access data depends on the permissions available for your Urbanbuz profile.

10. Intellectual Property Rights

10.1 Ownership of IPR: All rights, title and interest in and to all our patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights in or related to the Service(s), including the websites, and any part of it (collectively, Intellectual Property Rights) shall belong to and remain exclusively with us. We are the owner or the licensee of all Intellectual Property Rights in our websites and Site, and the Content published on it. Those works are protected by copyright laws and treaties around the world. You must not use any part of the content on our Site for commercial purposes without obtaining a license to do so from us or our licensors. Further, we claim no intellectual property rights over the content you upload or provide to the Service(s).

10.2 Grant of License to Us: We shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service(s) or Site or otherwise use any suggestions, enhancement requests, recommendations or other feedback we receive from you.

10.3 Grant of License to You: UrbanBuz trademarks, service marks, and logos (UrbanBuz Trademarks) used and displayed on the Site are UrbanBuz's registered and unregistered trademarks or service marks. Other product and service names located on the Site may be trademarks or service marks owned by third parties (the Third-Party Trademarks, and, collectively with UrbanBuz Trademarks, the Trademarks). Except as otherwise permitted by law, you may not use the Trademarks to disparage UrbanBuz or the applicable third-party, UrbanBuz's or a third-party's products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from the Site without UrbanBuz's prior express written consent. You may not remove any Trademarks identifying the ownership or origin of any UrbanBuz content. All goodwill generated from the use of any UrbanBuz Trademark will inure solely to UrbanBuz's benefit. The UrbanBuz name and logo are part of the Trademark of UrbanBuz, and may not be copied, imitated or used, in whole or in part, without the prior written permission of UrbanBuz, except in accordance with our brand guidelines, available in these Terms. In addition, all page headers, custom graphics, button icons and scripts are part of the Trademark of UrbanBuz, and may not be copied, imitated or used, in whole or in part, without prior written permission from UrbanBuz.

10.4 Reservation of Rights: All rights not expressly provided to you herein are reserved.

11. Other Services

Certain other services (Other Services) such as integrations, apps and custom apps are made available to you through forums where applications are developed for their integration with the Service(s). These Other Services are governed by their own terms and privacy policies and you agree that we are not responsible for your use of these Other Services where you choose to enable these Other Services and integrate them into our Service(s). By enabling the Other Services, you understand and agree that we do not provide any warranties whatsoever for Other Services and we are not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such Other Services, or your reliance on the privacy practices, data security processes or other policies of such Other Services. You understand that we are not responsible for providing technical support for Other Services and that we are not responsible for the data hosting and data transfer practices followed by providers of such Other Services. To this extent, you shall address any comments, queries, complaints or feedback about such Other Services to the respective developers or publishers as specified in the relevant forums.

12. Billing, Plan Modifications and Payments

12.1 Subscription Charges: Except during your free trial, if applicable, all charges associated with your Account ( Subscription Charges) are due in full and payable in advance when you subscribe to the Site. You will receive a receipt upon each receipt of payment by us.

12.2 Payment methods: You may pay the Subscription Charges through your credit card, or other accepted payment method as specified in a form. For credit card payments, your payment is due immediately upon your receipt of our invoice. You hereby authorize us or our authorized agents, as applicable, to bill your credit card upon your subscription to the Site (and any renewal thereof). For payments through other accepted methods, your payment is due within thirty (30) days of our invoice date unless otherwise stated in a form.

12.3 Renewal: Your subscription to the Site will renew automatically for a subscription term equivalent in length to the then expiring subscription term. Unless otherwise provided for in any form, the Subscription Charges applicable to your subscription to the Site for any such subsequent subscription term shall be our standard Subscription Charges for the service plan to which you have subscribed as of the time such subsequent subscription term commences. You acknowledge and agree that, unless you terminate your account in accordance with the Terms, your credit card will be charged automatically for the applicable Subscription Charges.

12.4 We may use a third party service provider to manage credit card and other payment processing; provided, that such service provider is not permitted to store, retain or use your payment account information except to process your credit card and other payment information for us. You must notify us of any change in your credit card or other payment account information, either by updating your Account or by e-mailing us at support@urbanbuz.com.

12.5 Refunds: Unless otherwise specified in these Terms or a form or a service plan, all Subscription Charges are nonrefundable. No refunds shall be issued for partial use or non-use of the Site by you provided however You shall be eligible for a pro-rated refund of the Subscription Charges for the remainder of the subscription term if you terminate your Account as a result of a material breach of these Terms by us.

12.6 Upgrades and Downgrades: You may upgrade or downgrade within a service plan or between two service plans. You understand that downgrading may cause loss of content, features, or capacity of the Site as available to you before downgrading your Account. We will not be liable for such loss. When you upgrade or downgrade, the new Subscription Charges become immediately applicable. Upon upgrade, the new Subscription Charges for the subsisting month would be charged on pro-rated basis and your credit card will be charged automatically. Subsequent months will be charged in full according to the new Subscription Charges. Upon downgrade, you will be offered a refund for the payment made for the subsisting month in the form of credits credited to your Account. These credits will be offset against the new Subscription Charges payable in the subsequent months.

12.7 Applicable Taxes: Unless otherwise stated, the Subscription Charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, or withholding taxes assessable by any local or foreign jurisdiction (collectively Taxes). You are responsible for paying the Taxes that would be levied against you by government authorities. We will invoice you for such Taxes if we believe we have a legal obligation to do so and you agree to pay such Taxes if so invoiced.

User Benefits : We will offer you certain benefits with regard to the Site, in line with subscriptions. These benefits are specific to your Account and the Service(s) identified while offering these benefits. They are not transferrable. The benefits may have an expiry date, if not renewed as per the terms in the agreement.

If they do not have an expiry date, they will expire upon completion of twelve (12) months from their date of offer.

13. Security, passwords and means of accessing the Site and Content

Account: means any accounts or instances created by or on behalf of you for access and use of any of the Service(s). You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any UrbanBuz accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any UrbanBuz accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any UrbanBuz accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site or any UrbanBuz accounts, computer systems or networks without UrbanBuz's express written permission. If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as required by the applicable registration form. You may also be required to choose a password and a user name. Access to and use of password protected or secure areas of the Site are restricted to authorized users only. You agree not to share your password(s), Account information, or access to the Site with any other person. You are responsible for maintaining the confidentiality of password(s) and Account information, and you are responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to the Site. You agree to notify UrbanBuz immediately of any use of your password(s) or account(s) that you did not authorize or that is not authorized by these Terms.

14. Data Migration

During your use of the Site, you may request us to import data into your Account ("Data Migration"). You hereby understand and acknowledge that we may access and process your data in connection with providing you support during such Data Migration.

15. No unlawful or prohibited use

You agree not to use the Site, or Content provided on or through the Site, for any purpose that is unlawful or prohibited by these Terms or the rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site.

16. Indemnity

You agree to indemnify and hold harmless UrbanBuz, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of Content that you Share, your violation of these Terms or any additional rules, guidelines or terms of use posted for a specific area of the Site, or your violation or infringement of any third party rights, including intellectual property rights.

17. Monitoring

UrbanBuz has no obligation to monitor the Site or screen Content that is shared on or through the Site. However, UrbanBuz reserves the right to review the Site, Content and Materials and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site any Content or Materials in its sole discretion. UrbanBuz may remove Content and Materials that are confidential or proprietary to a third party without that third party's permission.

18. Termination of Use

18.1 UrbanBuz may discontinue providing or limit access to the Site in case of violation of these Terms of the Separate Agreement, without prior notice. UrbanBuz may terminate or limit your access to or use of the Site if UrbanBuz determines, in its sole discretion, that you have infringed the copyrights of a third party. You agree that UrbanBuz shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any Content.

18.2 We strongly recommend that you export all service data before you terminate your Account. In any event, following the termination of your Account either by you or us, unless otherwise specified elsewhere herein, your service data will be deleted after 30 days from the date of termination. Service data cannot be recovered once it is deleted.

19. Third party Web Sites, Content, Products and Services

The Site provides links to Web Sites and access to content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Site. UrbanBuz is not responsible for third party content provided on or through the Site or for any changes or updates to such third party Sites, and you bear all risks associated with the access to, and use of, such Web Sites and third party content, products and services.

20. Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. URBANBUZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. URBANBUZ MAKES NO WARRANTY THAT: (I) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (II) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. URBANBUZ SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.

URANBUZ RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.

21. Limitation of Liability

In no event shall UrbanBuz be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Site or any Content provided on or through the Site.

22. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

23. Relationship of the Parties

The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties.

24. Privacy Policy

UrbanBuz is concerned about your privacy and has developed a policy to address privacy concerns. UrbanBuz respects all rules and provisions stated in the new General Data Protection Regulation. For more information, please read UrbanBuz's Privacy Policy. Any personal information collected on this Site may be accessed and stored globally and will be treated in accordance with UranBuz's Privacy Policy. You understand that UrbanBuz collects, uses, processes, possesses, and otherwise stores your personal information and utilization data and may share such data with third party service providers for the purpose of improving or providing services subject to UrbanBuz's Privacy Policy.

25. Notices; Consent to Electronic Communications

25.1. All notices to be provided by us to you under these Terms may be delivered in writing by electronic mail to the e-mail address provided for your account.

25.2. A notice to us shall be done in writing by email to support@urbanbuz.com. All notices shall be deemed to have been given immediately upon delivery by electronic mail.

26. Availability of Services

Information on the Site may reference or cross-reference UrbanBuz services that might not be available in your location. Such references do not imply that UrbanBuz plans to make such services available in your location. Please contact us on support@urbanbuz.com for more information on the services provided in each country.

27. Waiver and Severability

The failure of UrbanBuz to exercise or enforce any rights or provisions in these Terms shall not constitute a waiver of such right or provision. If any part or provision of these Terms is found to be unenforceable, such part or provision may be modified to make the Terms as modified legal and enforceable.

28. Dispute Resolution and Governing Law

28.1 You agree that all disputes between you and UrbanBuz (whether or not such dispute involves a third-party) with regard to your relationship with UrbanBuz, including without limitation disputes related to these Terms, your use of the Site and Services, and/or rights of privacy and/or publicity, and/or your or UrbanBuz's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents), and/or violations of the API Terms, will be resolved by binding, individual arbitration under the DIFC-LCIA Arbitration Centre rules. You may bring claims only on your own behalf. Neither you nor UrbanBuz will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if UrbanBuz is a party to the proceeding. This dispute resolution provision will be governed by the DIFC-LCIA laws and regulations. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. This dispute resolution provision will survive the termination of any or all of your transactions with UrbanBuz.

28.2 These Terms are governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflicts of law.

29. Contact Information

If you have any questions regarding these Terms, please contact UrbanBuz at support@urbanbuz.com. If you have any other questions, contact information is available at the Contact UrbanBuz page on the website.