Terms of service
1. Purpose and information about the owner
The purpose of these Terms and Conditions is to comply with the duty to provide information about the owner and to establish the rules for the use and operation of the application programming interface, software, tools, developer services, data, documentation and website www.blackmamba.co (hereinafter the "Services"), owned by Black Mamba Corporation SRL (hereinafter "Black Mamba"), with tax identification number BE0756.678.489 and registered office at Avenue du Manoir 76A, 1410 Waterloo, Belgium.
Black Mamba is a limited liability company registered in the Annexes to the Moniteur Belge on 20 October 2020 under number 0349928.
Black Mamba contact details:
Email: contact@blackmamba.co
Postal address: Avenue du Manoir 76A, 1410 Waterloo, Belgium
These Terms and Conditions of Service are established between Black Mamba and the entity accepting them (the "Customer") and govern the Customer's access to and use of the Services.
2. Use of the Services
Use of the Services implies full and unconditional acceptance of each and every condition contained in these Terms and Conditions, so the Customer should be aware of the importance of reading them each time they access the Services. Accessing the Services implies knowledge and acceptance of the Terms and Conditions, so Black Mamba recommends reading them carefully each time you access the Services.
You agree not to use the Services in any way that is illegal, harmful to the rights or interests of others, or in any way that violates these Terms and Conditions.
Likewise, the Customer guarantees not to take any action that could damage the Services or prevent their continuity and proper functioning.
Important: The service is intended for website owners. If Blackmamba suspects that a customer is requesting a service from a website that does not belong to them, Blackmamba may ask the customer to provide proof of ownership before proceeding with the service.
Only those websites that appear within the URL: https://blackmamba.co/ are included within the Services.
3. Liability and warranties
Black Mamba cannot guarantee:
Although Black Mamba provides and maintains the Services with reasonable care, the accuracy and completeness of the functionality and data of the Services cannot be guaranteed. Black Mamba will use its best efforts to provide the Services; however, due to the inherent nature of technology and the Services, it cannot guarantee:
· The infallibility, availability, continuity, lack of deficiencies and security of the Services;
· That the content of the Services or the information passing through them is free from viruses or other harmful elements, as well as errors, omissions or inaccuracies; and
· The privacy and security of the Customer's use of the Services. Accordingly, the Customer assumes all risks that may arise from the use of the Services.
The Services are provided "as is" and subject to availability. The Customer acknowledges that complex software is never completely free of defects, errors and bugs; Black Mamba only guarantees the quality, functionality and availability of the Services if and to the extent that it explicitly states so in writing.
Black Mamba makes no representations or warranties that the Services will operate at all times without errors or interruptions or that the data and functionality of the Services will be available at all times. Nor does Black Mamba make any representations or warranties that any content or software that may be accessed through the Services will be error-free.
Limitation of Liability
In no event shall Black Mamba be liable for any loss, damage or injury of any kind arising from access to or use of the Services. Black Mamba shall not be liable for any damage that may be caused to Customers by the improper use of these Services. In particular, Black Mamba shall not be liable in any way for any telecommunications failures, interruptions, faults or defects that may occur.
Subject to any restrictions imposed by applicable law, in no event shall Black Mamba be liable for incidental, indirect or consequential damages of any kind (including, without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss). In any event, Black Mamba's total liability under any provision of these Terms and Conditions shall be limited to the amount received in consideration by Black Mamba for the Services under these Terms and Conditions.
You agree to defend Black Mamba from and against any claim or action arising out of or relating to your possession, use, development or modification of the Services, including your Customer-Generated Content ("Claim") and shall fully indemnify and hold Black Mamba harmless from any loss, damage, cost (including all legal fees) and expenses resulting from or in connection with any Claim.
4. Payment
The Customer may access a basic version of the Services free of charge. The free version is limited primarily in terms of usability and customisation and other limitations.
The Customer may purchase a subscription for full access to the Services, the price and features of which are set at Black Mamba's discretion. To start a subscription, you must enter a valid bank account, PayPal address or credit/debit card.
At the end of the subscription period, the Customer's subscription will be automatically renewed with the same payment terms and duration. The Customer may upgrade their subscription at any time through the functions of their account control panel. When the Customer upgrades their subscription, they will be billed at the price of their new subscription level.
The Customer may cancel their subscription at any time, with the cancellation taking effect at the end of their current billing cycle. No refunds will be given for any portion of the current billing cycle paid after unsubscribing or cancelling.
All fees exclude all taxes, levies, or duties imposed by taxing authorities, and the Customer shall be responsible for paying all such taxes, levies, or duties.
If the Customer believes that Black Mamba has billed them incorrectly, the Customer must contact Black Mamba within 90 days of such charge. Any charges older than 90 days will not be refunded.
If the Customer pays by debit card and their payment results in an overdraft or other fee from their bank, the Customer shall be solely responsible for such fee.
5. Information contained in the Services
The information appearing in the Services is current as of the date of its last update. Black Mamba reserves the right to update, modify, or delete the Terms and Conditions without prior notice to the Customer, so the Customer should review them periodically.
Furthermore, Black Mamba reserves the right to make, at any time, as many changes and modifications as it deems appropriate, and may exercise such power at any time and without notice.
6. Information provided by the Customer through the Services
6.1 Accuracy, truthfulness and legitimacy of information
If the Customer chooses to provide information to Black Mamba through the Services, the Customer warrants that they will provide current, accurate and truthful information.
If the Customer provides information to Black Mamba on behalf of a third party, the Customer warrants that it has the prior written consent of such third party.
You warrant that the information you provide to Black Mamba complies with all obligations set forth in these Terms and Conditions.
You must be 18 years of age or older and able to comply with the Terms and Conditions to use the Services. If you are using the Services on behalf of another person or entity, you must have authority to accept the Terms and Conditions on their behalf.
6.2 Customer Profiles
Where applicable, when registering for the Services, the Customer shall select a username and password. Both the username and password are strictly confidential, personal and non-transferable.
The Customer undertakes not to disclose the data related to their account or make it accessible to third parties. The Customer shall be solely responsible in the event of such data being used by third parties.
Black Mamba cannot guarantee the identity of registered Customers and therefore shall not be liable for the use of a registered Customer's identity by unregistered third parties. Customers are obliged to immediately notify Black Mamba of the theft, disclosure or loss of their username or password by contacting the email address indicated in Clause 1 of these Terms and Conditions.
Password security: The customer is solely responsible for keeping the password used to access the website confidential and secure. It is essential that customers choose a password that is unique and not the same as those used for other online services. Blackmamba shall not be liable if customers ignore these instructions and an external attacker exploits passwords that have been exposed or published on third-party sites.
To complete registration for the Services, the Customer must provide certain information such as: username, email address, etc. Once registration is complete, each Customer may access their profile and complete and edit it and/or unsubscribe as they deem appropriate. If the Customer cancels their account or Black Mamba cancels their account as set out below, all their data will be immediately deleted from the Services. This information cannot be recovered once the Customer's account is terminated.
Black Mamba reserves the right to refuse service to anyone for any reason at any time. Black Mamba, at its sole discretion, reserves the right to suspend or terminate the Customer's account and/or refuse any current or future use of the Services for any reason at any time. Without limiting other remedies, Black Mamba may issue warnings, temporarily or indefinitely suspend the Services, or terminate your account and/or refuse to provide the Services.
7. Content
Black Mamba makes every effort to avoid any errors in the content of the Services. However, Black Mamba shall not be liable for any consequences that may arise from errors (actual or potential) in the content that may appear in the Services.
Nor shall Black Mamba be liable in any way for any content, commercial activities, products, and services included that may be displayed through electronic links, if any, and when any, directly or indirectly, through these Services.
Black Mamba reserves the right to prevent or prohibit access to the Services to any Customer who introduces into these Services any illegal content that violates the rights or interests of third parties or that is contrary to these Terms and Conditions. Black Mamba also reserves the right to take any legal action it deems appropriate to prevent such conduct.
8. Links to third-party websites
The presence of links to third-party websites in Black Mamba's Services, unless expressly stated otherwise, is for informational purposes only and in no way implies a suggestion, invitation or recommendation regarding them. These links do not represent any kind of relationship between Black Mamba and the companies or individuals who own the websites that can be accessed through these links.
Black Mamba reserves the right to remove any link that may appear on its Services at any time and without notice.
9. Security of the Services
The Services have been designed to support the following browsers: Safari, Microsoft Edge, Google Chrome and Mozilla Firefox. Black Mamba is not responsible for any damage of any kind that may be caused to Customers by the use of other browsers or different, outdated or earlier versions of the aforementioned browsers for which the Services have been designed.
10. Intellectual Property, Content and Restrictions
10.1 Intellectual Property
The distinctive signs, designs, texts, images, illustrations, layouts, icons, photographs, video clips, sound clips and other content found in the Services and any other intellectual creation and/or scientific and technical invention or discovery, whatever their commercial or industrial application (hereinafter collectively referred to as the "Content") are the property of Black Mamba or third parties.
The Customer may not use the Content without the express written consent of Black Mamba or its rightful owner, obtaining only authorisation to view the Content by browsing the Services.
Customers who access the Services may view the information contained therein and make private downloads or reproductions on their computer system, provided that the reproduced elements are not subsequently transferred to third parties or installed on a server connected to the Internet or a local network.
Notwithstanding the provisions of these Terms and Conditions, the reproduction, distribution, public communication, transformation, making available or any other form of exploitation of the Content is not permitted without the prior written authorisation of Black Mamba or its legitimate owner.
10.2 Black Mamba Content Policy
In using the Services, the Customer must adhere to - and undertake to ensure that third parties do so under their responsibility - Black Mamba's Content Policy. In addition to the above, the Customer warrants that they are aware of and will comply with the content policies of OpenAI and Google Cloud in their use of the Services, which are included in Black Mamba's Content Policy:
· It is prohibited to use the Services to distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature;
· It is prohibited to gain unauthorised access, disrupt or impair the use of the Services, or the equipment used to operate the Services, by customers, resellers or other authorised customers;
· You may not disable, interfere with or circumvent any aspect of the Services, software or equipment used to provide the Services;
· Generating, distributing, publishing or facilitating unsolicited bulk email, promotions, advertisements or other solicitations ("spam") is prohibited.
When sharing your Customer-Generated Content, you must proactively disclose the involvement of AI in your content, without misleading third parties about the nature of the content: for example, you may not claim that the work was generated entirely by humans or that it is an unaltered photograph of a real event.
The Customer understands that all content that they enter, publish, transmit, broadcast or upload to the Services is done so at their sole responsibility. This means that you, and not Black Mamba, are solely responsible for all data that you enter, upload, publish, transmit or otherwise make available through the Services. Black Mamba reserves the right to remove, deny or suspend access to the Services without prior notice to Customers who do not comply with its Content Policy and/or these Terms and Conditions.
11. Security of the Services
The Services have been designed to support the following browsers: Safari, Microsoft Edge, Google Chrome and Mozilla Firefox. Black Mamba is not responsible for any damage of any kind that may be caused to Customers by the use of other browsers or different, outdated or earlier versions of the aforementioned browsers for which the Services have been designed.
12. Jurisdiction and Applicable Law
These Terms and Conditions are governed by Belgian law. Both Black Mamba and the customers of the Services agree that any dispute that may arise regarding the interpretation, compliance or enforcement of these Terms and Conditions shall be expressly submitted to the jurisdiction of the competent Judges and Courts of the city of Brussels, expressly waiving any other jurisdiction to which they may be entitled.
Notwithstanding the foregoing, if the Customer is a consumer with habitual residence in a Member State of the European Union, the laws of that country shall apply to any dispute or litigation. Such Customer may also resolve the claim before any competent court in the country having jurisdiction.
Contact information
Black Mamba Corporation SRL
Avenue du Manoir 76A, 1410 Waterloo, Belgium
Tax identification number: BE0756.678.489
Email: contact@blackmamba.co
