Terms & Conditions

Last updated: May 15, 2024

1. Introduction

Welcome to Code Vialabs. These Terms and Conditions ("Terms") govern your access to and use of the Code Vialabs website (codevialabs.com) and all content, services, and products available at or through the website (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any Services.

2. Definitions

Throughout these Terms, the following definitions apply:

  • "Agreement" refers to these Terms and Conditions.
  • "Company," "we," "us," or "our" refers to Code Vialabs, registered in the United Kingdom with company number 77648013.
  • "Customer," "you," or "your" refers to the individual or entity that has agreed to these Terms by accessing or using our Services.
  • "Platform" refers to our software UI emulation platform and related tools and services.
  • "Website" refers to codevialabs.com and all subdomains.
  • "Content" refers to text, images, videos, software, designs, and other materials that appear on our Website or Platform.

3. Account Registration and Requirements

3.1 Account Creation

To access certain features of our Services, you may be required to register for an account. When you register, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Eligibility

You must be at least 18 years old to create an account and use our Services. By creating an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement.

3.3 Account Security

You are responsible for safeguarding your account credentials and for any activity that occurs through your account. You agree to notify us immediately of any unauthorized access to or use of your account. We are not liable for any losses or damages arising from your failure to maintain the security of your account credentials.

4. Subscription Plans and Payment Terms

4.1 Subscription Plans

We offer various subscription plans for our Services. The features, limitations, and pricing of each plan are described on our Website. We reserve the right to modify, terminate, or otherwise amend our subscription plans at any time.

4.2 Payment Terms

You agree to pay all fees associated with your selected subscription plan. All payments are due in advance, either monthly or annually, depending on the billing cycle you select. If you fail to pay any fees when due, we may suspend or terminate your access to the Services.

4.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel your subscription before the renewal date. By subscribing to our Services, you authorize us to charge your payment method on file for the renewal term.

4.4 Price Changes

We may change the price of our subscription plans at any time. If we increase the price of your subscription plan, we will notify you at least 30 days before the price change takes effect. If you do not agree to the price change, you may cancel your subscription before the price change takes effect.

4.5 Taxes

All fees are exclusive of taxes, which may be added to the final amount charged. You are responsible for paying all taxes associated with your use of the Services.

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Website, Platform, and all Content provided by us are owned by Code Vialabs or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You may not use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit our Content, except as expressly permitted by these Terms or with our prior written consent.

5.2 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes. This license does not include the right to:

  • Sell, resell, or commercially use the Services
  • Distribute, publicly perform, or publicly display the Services
  • Modify or make derivative works based upon the Services
  • Decompile, reverse engineer, or disassemble the Services
  • Remove any proprietary notices or labels from the Services

5.3 Your Content

You retain all rights to any content you submit, post, or display on or through the Services ("Your Content"). By submitting, posting, or displaying Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display Your Content solely for the purpose of providing and improving the Services.

5.4 Feedback

If you provide us with any feedback, suggestions, ideas, or recommendations regarding the Services ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, disclose, distribute, modify, and otherwise exploit such Feedback for any purpose.

6. Acceptable Use Policy

6.1 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Using the Services for any illegal purpose or in violation of any applicable laws or regulations
  • Violating or infringing the intellectual property rights or any other rights of others
  • Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services
  • Uploading invalid data, viruses, worms, or other malicious software through the Services
  • Using the Services to send unsolicited communications, promotions, or advertisements, or to spam, phish, or harm others
  • Using the Services to harass, abuse, or harm another person or entity
  • Impersonating another user or providing false information
  • Using any automated system, including "robots," "spiders," or "offline readers," to access the Services
  • Attempting to reverse engineer, decompile, or disassemble any portion of the Services
  • Engaging in any activity that interferes with or disrupts the Services

6.2 Monitoring and Enforcement

We have the right, but not the obligation, to monitor all conduct on and content submitted to the Services. We reserve the right to take appropriate action against any user for any unauthorized use of the Services, including civil, criminal, and injunctive redress.

7. Termination

7.1 Termination by You

You may terminate your account and this Agreement at any time by canceling your subscription and discontinuing your use of the Services. Cancellation requests must be submitted through your account settings or by contacting our customer support.

7.2 Termination by Us

We may terminate or suspend your access to the Services, with or without notice, for any reason, including if we believe that you have violated these Terms. We are not liable to you or any third party for the termination or suspension of your access to the Services.

7.3 Effect of Termination

Upon termination:

  • Your right to access and use the Services will immediately cease
  • All licenses and rights granted to you under these Terms will terminate
  • We may delete your account and all associated data
  • Any fees paid for the current billing period are non-refundable

Provisions of these Terms that by their nature should survive termination will survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICES OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY
  • ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES

9. Limitation of Liability

IN NO EVENT SHALL CODE VIALABS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:

  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY
  • ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SERVICES

WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED POUNDS (£100), WHICHEVER IS GREATER.

10. Indemnification

You agree to defend, indemnify, and hold harmless Code Vialabs, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Services
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that Your Content caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the Services.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.

11.2 Dispute Resolution

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration, which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English.

11.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.

12. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or by posting a notice on our Website prior to the effective date of the changes. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

14. Entire Agreement

These Terms constitute the entire agreement between you and Code Vialabs regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter of these Terms.

15. Contact Information

If you have any questions about these Terms, please contact us at:

Code Vialabs
114 Ombersley Rd, Sparkbrook
Birmingham, B12 8UZ
United Kingdom
Email: legal@codevialabs.com
Phone: +44 312 299 1357