BanyanBoard Terms of Use
Welcome to BanyanBoard! Wutzeric Private Limited ("Wutzeric", "we", "our", "us") provides sports analysis software and reports through BanyanBoard ("Service"). The Service is accessible from www.banyanboard.com, which, together with all associated applications owned by Wutzeric, is hereinafter referred to as the “Site”.
These BanyanBoard Terms of Use ("Terms", "Terms of Use") govern your use of the Site and the Service. By accessing or using the Site or the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Site or the Service.
In addition, when you purchase different tiers of the Service, including any related applications, content, or other materials, you will also be subject to an additional agreement/terms governing your use of the Service pursuant to the paid subscription.
Accounts
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
Use Licence
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to (i) access and make personal use of the Site and not to download or modify it, or any portion of it, except with our written consent; (ii) if you have created an account with us, to use the Service solely for your personal, non-commercial purposes.
This licence does not include (i) any resale, commercial use, or any derivative use, of the Site or its contents including the Service; (ii) access or use the Service to create a competitive product or service; (iii) any use of data mining, robots, or similar data gathering and extraction tools. Your right to use the Service or any software, data, documentation, or other materials that you access or download through the Site or Service is subject to these Site Terms.
The Site, Service or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. Any use not authorized herein will constitute an unauthorized use and will immediately terminate the permission or licence granted by us. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of the Site as long as the link does not portray us, the Site, Service, or any of our products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any the BanyanBoard logo or other proprietary graphic or trademark as part of the link without our express written consent, as may be applicable. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works of the Site, Service or any portion of thereof.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site or Service in breach of the Terms, your right to use the Site and Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site, Service or any content thereon is transferred to you, and all rights not expressly granted are reserved by Wutzeric (or its licensors).
Intellectual Property Rights
The Site, Service and their content (excluding content provided by users), features, and functionality as well as all intellectual property rights in and to the foregoing are, and will remain, the exclusive property of Wutzeric and its licensors. Wutzeric owns all content, data, software, inventions, ideas and other technology and intellectual property that it develops in connection with the Site, Service and its other products and services. You hereby assign to Wutzeric any suggestions, ideas, enhancement requests, or other feedback you provide to us relating to the Service or our other products or services. You agree not to use our trademarks, logos and trade dress without Wutzeric’s prior written consent. No rights are granted to you regarding any intellectual property owned by Wutzeric or its licensors, except for the limited use licence granted above.
User Content
Users may post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content") on the Service. You are responsible for the Content that you post on the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant Wutzeric the right and licence to allow the content to be shared publicly by you through the Service. You retain all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. Wutzeric will not modify, publicly perform, publicly display, reproduce, or distribute any Content except to facilitate the sharing as permitted by the user through the functionality of the Service. You represent and warrant that:
● You own the Content or have the right to use it and grant us the rights and licence as provided in these Terms, and
● The posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.
We ask that you respect copyright and other intellectual property laws when uploading videos and images to the Service. You must have the necessary rights to any content you upload, including videos and images, and you must not infringe upon the intellectual property rights of others. Wutzeric does not endorse any Content submitted to the Service by any user or endorse any opinions expressed in such Content.
Wutzeric respects the intellectual property rights of others and asks that users of our Service do the same. We have adopted a policy that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Service who are repeat infringers of intellectual property rights, including copyrights.
Wutzeric will not be held liable for any Content posted on the Service. The user who posted the Content is solely responsible for any violation of laws or infringement of any rights, including intellectual property rights. Users agree to indemnify and hold harmless Wutzeric from any claims, damages, losses, liabilities, and expenses arising out of or in connection with their Content.
Prohibited Uses
You agree not to use the Service in any way that:
● Violates any applicable national, federal, state, local, or international law or regulation.
● For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
● To transmit, or procure the sending of, any advertising or promotional material without our prior written consent.
Modifications to the Service
We reserve the right to withdraw or amend our Site or Service, and any service or material we provide via the Site or Service, in our sole discretion without notice. From time to time, we may restrict access to the Site or some parts thereof, to users, including registered users. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period.
Billing and Subscription Terms
We offer a free and a paid Service. Fees for our video analysis Service and subscription fees for cloud sports analysis platform (SPAN) are due and payable in advance at the start of each subscription term. Payment must be made in full to ensure uninterrupted service. If payment is not received by the due date, Wutzeric reserves the right to suspend or terminate your access to the Service at any time without notice. It is the customer's responsibility to ensure that their subscription is renewed in time and that all billing information is up to date.
Wutzeric reserves the right to change its subscription fees at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal or thirty (30) days after notice, whichever is later.
For information on cancellation of subscriptions and refunds, please view our Refunds and Cancellations Policy at https://en.banyanboard.com/active-pages/refunds-and-cancellation-policy.
Intellectual Property Rights
The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Wutzeric Private Limited and its licensors. The Service is protected by copyright, trademark, and other laws of both India and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Wutzeric Private Limited. No rights are granted to you regarding any intellectual property owned by Wutzeric Private Limited or its licensors, except for the limited use license granted above.
Data Loss
Wutzeric makes good faith efforts to ensure the integrity and security of our network and systems. However, we do not guarantee that our service will be free from data loss or other security breaches. Wutzeric will not be liable for any direct, indirect, incidental, special, consequential or punitive damages resulting from any data loss, or from any damages resulting from business interruption or loss of profits arising out of or in connection with the use or performance of the Service. Customers are responsible for maintaining their own backups and protecting their data.
Disclaimers of Warranty
The site, service and all information, content, materials, products (including any software) and other services included on or otherwise made available to you through the site or as part of the service are provided by wutzeric on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including any software) or services included on or otherwise made available to you through the site, including but not limited to, as to any of the foregoing being free from viruses or other harmful components. Wutzeric does not warrant that your use of the service will be uninterrupted or error-free. Wutzeric does not warrant that it will review your data for accuracy or that it will preserve or maintain your data without loss. You understand that your use of the service necessarily involves transmission of your data over networks wutzeric does not own, operate or control and that wutzeric is not responsible if any of your data is lost, altered, intercepted, or stored across such networks. You expressly agree that your use of the site and, if applicable, the service, is at your sole risk. To the fullest extent permissible by applicable law, wutzeric disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non- infringement and fitness for a particular purpose. Wutzeric will not be liable for any damages of any kind arising from the use of the site, service or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Indemnification
You agree to defend, indemnify, and hold harmless Wutzeric and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Site or Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to, a breach of the Terms.
Limitation of Liability
In no event will Wutzeric, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.
IN NO EVENT WILL WUTZERIC’S LIABILITY EXCEED THE GREATER OF (I) $100 USD OR (II) [THREE TIMES THE MONTHLY SUBSCRIPTION FEES PAID BY YOU].
Governing Law
These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any dispute or claim arising out of or relating to the Terms shall be settled and adjudicated exclusively by the courts in Bengaluru, Karnataka.
Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.