Terms and Conditions
By clicking “I agree” or accessing or using the Bambuser’s services (the “Services”), you
agree to these Terms and Conditions (the “Terms”) applicable for the Free, Essential and
Growth Plan. These Terms form a binding agreement between you (“You”) and Bambuser
AB, with its registered address at Bamuser AB, Kivra: 556731-3126 106 31 Stockholm
(“Bambuser”).
1. Fees
Your use of the Services within the Free plan is provided at no charge during the Term
provided that you do not exceed the usage allowances displayed in the Service dashboard
(“BamHub”).
Your use of the Services within the Essential or Growth plan is provided at the charges
presented to you when you selected the plan and is subject to the usage allowances and
restrictions displayed in BamHub. Any applicable overage fees for exceeding those
allowances are set out in BamHub.
2. Use of Services
2.1 License
Bambuser grants You a limited, restricted, non-exclusive, non-transferable, revocable license
to access and use the Services during the Term, subject to the limitations and restrictions
(e.g. view allowance, users, GB storage, technical restrictions) set forth herein and in the
BamHub.
2.2 Restrictions
i) You agree not to:
- Use the Services in violation of the provisions set forth herein.
- Use the Services to make available Unauthorized Content
- Modify, distribute, or create derivative works based on the Services.
- Reverse-engineer, decompile, or disassemble the Services.
- Use the Services in violation of applicable laws or regulations.
- Attempt to access features outside the permitted scope.
- Allow third parties to access the Services.
Unauthorized Content: shall mean content that (i) is hateful, offensive, racist, sexist, bigoted,
libelous, defamatory, obscene, abusive, pornographic, lewd, erroneous, stalking or
threatening; (ii) advocates or encourage conduct that could constitute a criminal offence, give
rise to civil liability, or otherwise violate any law or regulation; (iii) creates an impression that
is incorrect, misleading, or deceptive; (vi) divulges other people’s privacy or personal data
without permission; (vii) infringes any intellectual property rights; (viii) displays children under
the age of 18; or (ix) impairs, or intends to impair, the brands or reputation of Bambuser
2.3 SupportFree plan: Bambuser has no obligation to provide support, maintenance, or updates during
the Term.
Essential and Growth plan: Bambuser will provide support on a best-efforts basis. All support
requests must be submitted by email to support@bambuser.com
3. Your Responsibilities
3.1 Content Responsibility
You are responsible for:
i) all content and data generated, uploaded, published, or otherwise made available through
the Services;
ii) the accuracy, quality, legality, and acquisition of all content and data used with the
Services, including compliance with third-party rights; and
iii) all third-party integrations and use of the Services in connection with external websites or
applications, including adherence to third-party terms and conditions.
3.2 Compliance
You agree to use the Services in accordance with applicable laws, regulations, and
Bambuser’s policies. Bambuser will process any personal data in accordance with its Data
Bambuser may process billing and payment information, including credit card information, to
process payments for the Services. Bambuser AB is the data controller for such processing
and will comply with applicable data protection law. Payment card details may be processed
by third-party payment service providers on Bambuser’s behalf or as independent controllers;
Bambuser does not store full card numbers or CVV/CVC.
4. Confidentiality
Each party agrees to maintain the confidentiality of non-public information received from the
other and protect it with the same level of care as their own confidential information.
Bambuser’s pricing, software, technical details, and customer-related data are deemed
confidential. Notwithstanding anything to the contrary, Bambuser’s use of the Content as
further detailed in Section 5-6 shall not violate any confidentiality undertaking of Bambuser.
5. Intellectual Property rights and License
5.1 Intellectual Property Rights
Bambuser and its licensors retain all rights, title, and interest in and to the Services and
related intellectual property rights. These Terms do not grant You any rights other than the
limited rights to use the Services during the Term. You retain ownership of Your own content
and data uploaded to the Services, including associated intellectual property rights.5.2 a) Perpetual License to Your Data and Content
The following provisions apply if you have selected the Free or Essential plan:
License Grant: You retain ownership of any data, materials, images, video, audio, recordings,
or other content You make available through the Services (“Your Data”) and content,
statistics and other data generated through Your use of the Services (“Content”).
The following provisions shall apply to Your Data and Content: You hereby grant Bambuser a
worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable, and fully
sublicensable license to use, reproduce, modify, adapt, translate, distribute, publish,
broadcast, syndicate, make available, perform, display, create derivative works from,
commercialize, and otherwise exploit Your Data and Content for any purpose as determined
by Bambuser in its own discretion, including without limitation:
(a) providing, operating, and improving the Services;
(b) developing new products, features, technologies, and services;
(c) training, enhancing, and operating machine-learning or AI systems;
(d) marketing, analytics, research, benchmarking, and other business purposes; and
(e) enabling Bambuser’s partners, service providers, and customers to use such Your Data
and Content as part of their integration or use of the Service.
Survival: This license is perpetual and irrevocable and will survive any termination,
cancellation, suspension, or expiration of Your account, subscription, or plan, including
termination resulting from an upgrade, downgrade, plan migration, or account closure.
5.2 b) Solution Data, Your Data and Content
The following provisions apply if you have selected the Growth plan:
Reservation of Your rights. As between Bambuser and You, You reserve all of its rights, title,
and interests whatsoever of any nature in and to the Content and Your Data including but not
limited to all related Intellectual Property Rights. You grant Bambuser a limited right to use
your Content and Your Data for the purpose of providing the Services set forth herein and
related support services.
You grant Bambuser a perpetual license to use the Solution Data for the purpose of
optimizing its Services and for the benefit of Bambuser.
“Solution Data”: means anonymized IP addresses (last three digits are dropped post
collection), Bambuser personnel login credentials, email address, admin related cookies and
other anonymized data, including meta-data, product usage statistics, diagnostic, and
technical data, and usage statistics concerning, or generated from, the Your use of the
Bambuser Solution.
6. Marketing
You hereby consent to and authorize Bambuser to use Your company name, logo,
trademarks, and brand identifiers in any external marketing, promotional, or public-facing
communications, in any form or media. Such use may include, without limitation, customer
listings, case studies, press releases, presentations, websites, and other marketing or
promotional materials.This authorization shall survive any termination, cancellation, suspension, or expiration of
Your account, subscription, or plan, including any termination resulting from an upgrade,
downgrade, plan migration, or account closure.
You also acknowledge and agree that the Bambuser Solution may display the phrase
'Powered by Bambuser' in all videos, chats or calls, visible to any third party, including
viewers and end consumers.
7. Disclaimer of Warranties
7.1 AS-IS Basis: The Services are provided "AS IS" and "AS AVAILABLE"
. BAMBUSER
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT.
7.2 Performance: Bambuser does not guarantee that the Services will be available,
uninterrupted, error-free, or free of harmful components. Any availability or performance of
the Services during the Term does not imply future availability of a paid plan.
8. Limitation of Liability
8.1 Disclaimer of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, BAMBUSER
SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY
LOSS OF PROFITS, REVENUE, DATA, BUSINESS INTERRUPTION, OR OTHER
COMMERCIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY
TO USE THE SERVICES, THE CONTENT OR THE DATA, EVEN IF BAMBUSER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2 Cap on Liability: IF BAMBUSER IS FOUND LIABLE FOR ANY DAMAGES ARISING
OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE
SERVICES, BAMBUSER'S TOTAL LIABILITY SHALL NOT EXCEED EUR 100.
8.3 Indemnity: You agree to fully indemnify and hold Bambuser harmless from any claims,
liabilities, losses, or damages arising from Your use of the Services, including any claims
related to Your Data or Content.
9. Term, Termination and Suspension
The term shall commence on the date Bambuser grants You access to the Services and shall
remain in force until terminated by either Party whereby such termination shall come into
effect at the end of Your term that you have selected (monthly or annually). Upon termination,
You must cease all use of the Services. Bambuser may also suspend Your access to the
Services at any time, without prior written notice, and without incurring any liability to You.
Bambuser is not responsible for retaining any data or content uploaded during the Term
unless You transition to a paid subscription.
Following termination or expiry of these Terms, the provisions set forth in Sections 5.2 and
Section 6 above shall survive the termination, regardless of the reason for termination. For
the avoidance of doubt: If the termination relates to a change to the commercial plan (orsimilar), and that plan includes a supersession clause similar to the “Entire Agreement”
clause set forth herein, Sections 5.2 a)–5.6 will not be affected by such clause. Sections 5.2
a) and Section 6 will survive termination of these Terms and will supersede any conflicting
provision.
10. Governing Law and Dispute Resolution
These Terms and any disputes or claims between the Parties arising out of or in connection
with it or its subject matter or formation (including non-contractual disputes or claims) shall be
governed by and construed in accordance with the substantive laws of Sweden, excluding
any conflict of law principles. With the exception for claims related to nonpayment or the
validity of these Terms, any other dispute, controversy or claim arising out of, or in connection
with, these Terms, or the breach, termination, or invalidity thereof, shall be referred to, and
finally resolved by arbitration administered by the Arbitration Institute of the Stockholm
Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless
the SCC in its sole discretion determines, taking into account the complexity of the case, the
amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter
case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one (1) or
three (3) arbitrators. The seat of arbitration shall be Stockholm, Sweden. The language to be
used in the arbitral proceedings shall be English.
11. Amendments
Bambuser may amend these Terms from time to time without prior notice. The latest version
of the Terms will apply to your use of the Services.
12 Entire Agreement
These Terms constitute the entire agreement governing Your use of the Services and
supersede any prior agreement, understandings, or representations, whether oral or written.
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