By accepting of the provisions of this document You confirm that You understand and assent its provisions, agree to bear responsibility and take steps stipulated herein. Also You acknowledge Your legal capacity is not limited in any manner and You act at your own will and, in case You are a representative, You act under due powers granted to You.
1.2. Cyber Force Group s.r.o., legal entity registered and acting under the laws of Czech Republic (“Administration” or “We”) addresses the present public offer to any business person, legal entity or natural person (“User” or “You”), who wants to use the Site, Software or Services and their respective technical capabilities under the present Terms.
1.3. By mere using the Site, You confirm that you have read, accepted, agree and undertake to observe these Terms.
1.4. Administration being a developer, owner, moderator and administrator of the Site reserves the right to change and (or) supplement these Terms, including the links mentioned herein and data located behind the links, at any time without any prior and (or) further notice. The latest edition of the Terms shall enter into force for each individual User from the moment respective User enters the Site. Your continued use of the Site after any such changes confirms Your acceptance of these changes and amendments.
SDK.finance is developed, owned and provided by the Administration, located on Administration’s server. SDK.finance can be accessed and used by operating various systems and devices of digital access.
Basic modules of SDK.finance are integrated parts of SDK.finance and are not independent software. However such basic modules are subject to Administration’s intellectual property rights and can be used under Administration’s license only.
Basic products of SDK.finance are listed on the Site at http://sdk.finance/solutions-for-PSPs-banks/.
SDK.finance may be used through the following meanings:
3.1. You may use the Site and its technical capabilities without obligation to pay any royalty or remuneration payments to Administration; however You, at Your own will and discretion, may provide financial maintenance to the Site.
3.2. You may familiarize with any data of the Site You get free access to. That data is granted for informative purposes only.
3.3. In case You use cloud-based version, You will use the Site on the same terms and conditions as it is provided for use of SDK.finance , as prescribed below.
3.4. If You chose any additional services related to hosting, customization, setting-up, consulting services etc. – those services should be subject to separate agreements or will be rendered under the terms of separate documents whether located on the Site or not.
4.1.2. Administration retains the right to deny Your access to use SDK.finance, including after the validation call, without obligation to explain the reason for denial.
4.2. Personal account:
4.2.1. You gain access to the personal account on the Site after validation call with outcome admissible, at Administration’s sole discretion. From Your personal account You can order the SDK.finance use and choose the volume of its licensed use; conditions of such licensed use (licensing policy, licensing terms and conditions etc. if any) are available from Your personal account as well in the form of public offer. You can also get acquainted with proposed tariffs and payment terms for SDK.finance use from Your personal account and Administration has the right to change or amend such terms, tariffs and implement discounts from time to time.
4.2.2. You are responsible for the security of your registration data and for any use of Your personal account. If you become aware of any unauthorized use of Your registration data or of Your account, You agree to notify Administration immediately.
4.2.3. You may terminate the use of the Site and Software at any time by canceling Your personal account on the Site. You will not receive any refunds if you cancel Your personal account.
4.3. License contract and warranties
4.3.1. Administration at Your choice may provide You with limited non-exclusive non-transferrable proprietary intellectual property rights (license) on the modules of SDK.finance for use for remuneration and You in such a case acquire the rights granted by Administration and undertake to pay for them under conditions of the license contract provided on the Site and available from Your personal account in the form of public offer to be accepted and/or signed by You, as it may be prescribed in the form of such license contract.
4.3.2. Appropriate warranties are given by Administration to You alongside with granting non-exclusive intellectual property rights on SDK.finance under the license contract. And only that license contract accepted by You puts appropriate economic obligations concerning use of SDK.finance on both You and Administration as well as sets the scope of right You are licensed. However, You shall have no right (and You shall not permit anyone else) to decompile, separate, change or modify source code, program code, program components of SDK.finance and also the whole SDK.finance as an integral software, unless Our prior written permission for such conduct is obtained.
4.3.3. We warrant that We are the only owner of exclusive proprietary intellectual property rights to SDK.finance or have obtained all necessary rights, permits and accepts from authors or other owners of such intellectual property rights to conclude the license contract and that is why no third person can without Our permit give You the right to use SDK.finance.
4.3.4. Please note that You may select (on the Site and it will be reflected in Your payment proposal, of course) to use SDK.finance as a white label back-end software. This means that by purchasing the license for SDK.finance You have right to rebrand the part or example of it You’ve bought to give the impression that You created it.
4.3.5. Having accepted the license contract You are able to use SDK.finance and its modules We are providing hereunder. Exact list of such modules to be licensed will be listed in appendix to the license contract and both You and We shall sign such appendix in written.
4.3.6. Please note that using Software You must comply with all applicable laws, regulations and ordinances in force, including any laws regarding the export of data or software of the territory of Your residence and official registration.
5.1. You expressly understand and agree that Your use of the Site and Software is at Your sole risk and that those Site and Services are provided “as is” and “as available.”
5.2. We and Our subsidiaries and affiliates, licensors hereunder make no express warranties and disclaim all implied warranties regarding the Site and Software, including implied warranties of merchantability, fitness for a particular purpose and non-infringement unless it is strictly stipulated herein or in other document (public offer, policy, terms etc.) on the Site. Without limiting the generality of the foregoing, We and Our subsidiaries and affiliates, licensors do not represent or warrant to You that: (a) Your use of Site and Software will meet Your requirements, (b) Your use of the Site and Software will be uninterrupted, timely, secure or free from error, and (c) usage data provided through the Site and Software will be accurate.
6.1. You expressly understand and agree that We and Our subsidiaries and affiliates, licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by You, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
6.2. The limitations on Our liability to You shall apply whether or not We are advised of or should have been aware of the possibility of any such losses arising.
6.3. You acknowledge and agree that We are not liable for any loss or damage which may be incurred by Your end users as a result of any Your or their use of the Site, Software and Services.
6.4. We are not responsible for the cases You do not have access to the Site or can not use Services or Software because of unstable Internet connection, technical malfunctions, viruses or other scumware and any other technical problems or issues which are out of will and control of Administration, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
6.5. You agree to hold harmless and indemnify Us and Our subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners etc. from and against any third party claim arising from or in any way related to (a) your breach of these Terms, (b) Your use of the Site, Software or Services, (c) Your violation of applicable laws, rules or regulations in connection with the use of the Site, Software or Services, or (d) Your own content or personal data, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, We will provide you with written notice of such claim, suit or action, if any.
7.3. Should You have any questions or proposals concerning Site’s or SDK.finance’s interface and functionality, please contact us by e-mail – firstname.lastname@example.org. By submitting any proposal, You agree that Your disclosure is gratuitous, unsolicited and without restriction and will not place Administration or Software under any fiduciary or other obligation, and that We are free to use Your proposal without any additional compensation to You, and/or to disclose Your proposal on a non-confidential basis or otherwise to anyone.
7.4. You agree that We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, sms or postings on the Site including Your personal account. By providing Us with Your personal contact data or such contact data of Your due representative, You consent and assure such due representative’s consent to Our using that contact data to send any notices including those in lieu of communication by postal mail.
7.5. Publishing these Terms, offering and concluding license contract We act in accordance with legislation of Czech Republic in force.