1.1 - These terms and conditions (the “Terms and Conditions”) apply on Bud Financial, Inc, incorporated in the State of Delaware, 108 Lakeland Avenue, in the City of Dover, County of Kent, zip code 19901 (“Bud”, “we” or “us”) providing you (“you”) access to test APIs and build test applications and related materials, information and resources made available by Bud (the “Sandbox”).
1.2 - To use the Sandbox, you must be authorised to enter into and agree to be bound by these Terms and Conditions. You must provide your full name, work email address, company name, job title, location and select what you are building in order to register an account.
1.3 - By registering for access and using the Sandbox, you agree to and accept these Terms and Conditions. Each time you use the Sandbox, you agree to the Terms and Conditions in force at that time, so please read these Terms and Conditions carefully. If you do not agree with these Terms and Conditions, you cannot use the Sandbox.
1.4 - When you register for access to the Sandbox, we may collect personal data about you, the details of the personal data we collect and how we may use that data can be found in our Privacy Notice. Please read this carefully before using the Sandbox. If you have any questions about the personal data we collect about you, please contact email@example.com.
1.5 - To use the Sandbox, you must (a) be at least 18 years of age; (b) provide Bud with accurate, complete, and up-to-date information; (c) agree not to misrepresent your identity or any other information; (c) agree to these Terms and Conditions, (d) agree to comply with all laws and regulations applicable to your use of the Sandbox; and (e) successfully pass Bud’s compliance reviews, which may include online questionnaires and requests for information.
1.6 - You acknowledge that: (a) you are responsible for any transactions or files that you upload to the Sandbox that contain personal data; and (b) in accordance with applicable data protection laws, Bud will retain anonymized versions of transactions or files that you upload to the Sandbox.
2.1 - The Sandbox allows you to test APIs and build test applications against the enrichment services offered by Bud. You acknowledge that (a) the Sandbox is a free service for testing purposes only; and (b) you may use the Sandbox solely for internal evaluation of Bud’s services to determine whether to enter into a paid commercial relationship with Bud, and not for production access or any other purpose.
2.2 - You are responsible for ensuring: (i) that you are entitled to use the Sandbox; and (ii) that login details used in order to access the Sandbox are kept confidential and used only by you.
2.3 - Bud provides the Sandbox to you without charge. Any third-party charges imposed on you by your mobile phone operator, internet provider (as applicable) or otherwise may apply and shall be solely for your account.
2.4 – Bud may, in its sole discretion, limit your use of the Sandbox in any way it deems fit, including, but not limited to, limiting its functionality or other usage limits.
2.5 - Although we will try to give you as much notice as possible, Bud may modify or disable the Sandbox (and delete related data submitted by you or provided by Bud) without notice or liability to you. Although Bud will be happy to take questions you may have, Bud has no support obligations for the Sandbox.
Permitted use and Restrictions
3.1 - You will not use the Sandbox for any purpose other than as a trial environment which enables you to test materials, information and resources made available by Bud (or, where it applies, third parties who may provide services within the Sandbox).
3.2 - For the avoidance of doubt, the Sandbox shall be provided solely for the purposes of enabling you to test the Sandbox and related materials, information and resources made available by Bud.
3.3 - You are not permitted to assert any proprietary right over, copy, modify, distribute or publish, content or any other intellectual property relating to Bud and/or the Sandbox (including in relation to any intellectual property relating to third parties whose products and/or services are made available in the Sandbox).
3.4 - You guarantee that the information uploaded by you to the Sandbox does not violate the rights of any third party and is not in breach of any applicable laws (including data protection laws) or other rights.
3.5 - You agree that you will not attempt to:
gain unauthorised access to, make unauthorised alterations to, or introduce any kind of malicious code to the Sandbox or Bud by any means;
modify, reverse engineer or decompile (whether in whole or part) the Sandbox or any software available through the Sandbox;
make copies, modify, reproduce, transmit, alter or distribute all or any part of the Sandbox or any material or information contained in them, other than as permitted by law;
use the Sandbox for any purpose that is unlawful under any applicable law;
use the Sandbox to commit any act of fraud;
use the Sandbox to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
use the Sandbox to access any account information in respect of which you do not have authority to do so; or
use the Sandbox in any manner that could damage, disable or impair the functioning of the Sandbox or interfere with, disrupt or negatively affect other users.
3.6 - Failure to comply with any of your obligations under paragraph 3.5 constitutes a material breach of these Terms & Conditions.
Liability and Breach of Terms and Conditions
4.1 - Bud has the right, at any time, to suspend you from use of and withdraw your access to the Sandbox if you: (i) are in breach of the Terms and Conditions; or (ii) otherwise use the Sandbox in a manner which may cause damage to Bud or any given third party.
4.2 - Bud aims to ensure that the Sandbox functions correctly but cannot guarantee the availability of the Sandbox or the reliability or accuracy of the information presented in the Sandbox. Bud cannot be held accountable for the Sandbox being unavailable, if the Sandbox does not operate as expected, nor if the functionality of the Sandbox is limited. To the extent permitted by law, the Sandbox is provided to you on an “as is” and “as available” basis, and any use is at your discretion and risk.
4.3 - Bud is therefore not liable for:
4.3.1 - any lost profits, loss of use, lost or inaccurate data, failure of security mechanisms, or any indirect, special, incidental, reliance or consequential damages of any kind, or any any damages;
4.3.2 - any financial or other decisions made by you based on the use of the Sandbox including: (i) for services or goods that you may choose to acquire from third parties; or (ii) Bud’s collaboration partners whose products and/or services may be made available in the Sandbox; or
4.3.3 - any other liability under or in relation to the Sandbox or these Terms and Conditions, whether in contract, tort (including negligence) or otherwise.
4.4 - To the extent permitted by applicable law, Bud, its affiliates and its suppliers make no warranties, express or implied, statutory or otherwise, including warranties of merchantability, title, fitness for a particular purpose or non-infringement. Bud does not warrant that use will be uninterrupted or error-free, that any of your data will be accurate or complete or that Bud will maintain any data without loss.
4.5 - You agree that you will be liable for any losses that are proved to be sustained by Bud as a direct result of your breach of these Terms and Conditions.
4.6 - Bud will not be responsible for any loss you may suffer as a result of your material failure to comply with these Terms and Conditions or caused by matters beyond our reasonable control, for example, an interruption or failure of a utility service, epidemic, pandemic, natural disaster, explosion or accident. We do not exclude or limit in any way our liability to you insofar as it would be unlawful to do so.
4.7 - Bud will not be responsible for any harm, damage or loss to you arising from, or relating to hacking, tampering or unauthorised access to your Sandbox account that is not within our reasonable control.
4.8 - WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM.
4.9 - We do not guarantee that the Sandbox will be secure or free from bugs or viruses.
4.10 - You are responsible for configuring your information technology, computer programmes and platform in order to access the Sandbox. You should use your own virus protection software.
Amendments to the Terms and Conditions and Notice
5.1 - Bud has the right, at any time, and in Bud’s absolute discretion, to: (i) restructure, reconfigure or in any way change the construct of the Sandbox; and (ii) amend these Terms and Conditions.
5.2 - Bud shall endeavour to notify you of any of the changes set out in paragraph 5.1 in writing (including electronically via email). If you do not accept the given change(s), you may cease to use the Sandbox at your sole discretion.
5.3 - Bud may provide notices or communications to you through the email associated with your Sandbox profile or through other reasonable methods. All notices, requests and other communications to Bud under these Terms and Conditions need to be made in writing to firstname.lastname@example.org or Bud Financial Inc., Attention: Bud Legal, 108 Lakeland Avenue, in the City of Dover, County of Kent, State of Delaware, zip code 19901 and will be deemed given when delivered.
Termination of Sandbox
6.1 - You will be provided access to the Sandbox instantly upon your registration for use. You can stop using the Sandbox at any time on providing written notice to Bud, following which these Terms and Conditions will terminate automatically.
6.2 - Bud may revoke your access to the Sandbox at any time without notice, including if Bud suspects that you have violated these Terms and Conditions. Bud will have no liability to you for any termination or suspension, nor will such action limit any other rights or remedies Bud may have.
6.3 - Bud may terminate your access to the Sandbox at any time by notice in writing (which can include email) to you at any time in the event that:
you are in material breach of any term of these Terms & Conditions and/or any other agreement with us;
we suspect that you have used the Sandbox, or intend to use the Sandbox, for the purpose of an illegal activity;
we suspect you have given us false information;
we have concerns about the security of the Sandbox;
a device is used that we do not recognise or is used in a way it was not designed for;
we are required to do so by law or regulation;
we stop supporting the Sandbox on your device or on its operating system; and/or
you apply for bankruptcy or become subject of a bankruptcy petition or order.
6.4 - On termination of these Terms & Conditions:
a) all rights granted to you under these Terms & Conditions will cease;
b) you need to cease all activities under these Terms & Conditions, including your use of the Sandbox;
c) you may no longer be able to access or use the Sandbox ; and
d) you must stop using the Sandbox, delete it from your device and destroy all copies of the Sandbox (or any part of it) that you have.
Complaints, Feedback and Recommendations
7.1 - We see a complaint as being an expression of dissatisfaction made by you in relation to any of the services we provide. If you make a complaint, we will make every effort to rectify the problem as soon as practicably possible. If you have any complaint about the Sandbox or any of the related services we provide, please our support team at email@example.com
8.1 - Bud may transfer its rights and obligations under these Terms and Conditions. If you want to transfer or assign any rights or obligations under these Terms and Conditions to any other party, you will need Bud’s prior written consent. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions will remain unaffected and in full force and effect. These Terms and Conditions govern the relationship between us relating to use of the Sandbox, and replace any earlier understandings or agreements we may have had.
8.2 – Bud has the right to change the services provided in the Sandbox, amend these Terms and Conditions or stop providing the Sandbox at any time. If you do not accept the amended Terms and Conditions, you can no longer use the Sandbox. If you continue to use the Sandbox after an amendment of the Terms and Conditions has been made, you are deemed to have accepted the amended Terms and Conditions.
8.2 - Bud has the right to engage subcontractors in order to fulfil its obligations in relation to the Sandbox.
8.3 The following paragraphs survive termination of these Terms and Conditions: (i) 3.1; (ii) 4; and (iii) 8.4.
8.4 - Any disputes resulting from these Terms and Conditions or your use of the Sandbox will be governed by the laws of the state of Delaware, USA. Each party waives any right to jury trial in any litigation in any way arising out of these Terms and Conditions.