Terms of Service
1. Your relationship with Netsob
1.1 Your use of Netsob’s products, software, services and web sites (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and Netsob. Netsob is a division of Airsob Technologies Limited, a company incorporated under Companies and Allied Matters Act, 1990 with registered office at No. 25 Ezimgbu Link Road, Port Harcourt, Nigeria. So in this agreement, “Netsob” means Airsob Technologies Limited. This document explains how the agreement is made up, and sets out the terms of that agreement (referred to below as the “Terms”).
2. Accepting the Terms
2.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Netsob in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Netsob will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Netsob, or (b) you are a person barred from receiving the Services under the laws of the Federal Republic of Nigeria or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Terms for your records.
3. Provision of the Services by Netsob
3.1 Netsob has subsidiaries and affiliated businesses (“Subsidiaries and Affiliates”). Sometimes, these businesses will be providing the Services to you on behalf of Netsob itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
3.2 Netsob is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Netsob provides may change from time to time without prior notice to you.
3.3 As part of this continuing innovation, you acknowledge and agree that Netsob may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Netsob’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Netsob when you stop using the Services.
3.4 You acknowledge and agree that if Netsob disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
3.5 You acknowledge and agree that while Netsob may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Netsob at any time, at Netsob’s discretion.
4. Use of the Services by you
4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Netsob will always be accurate, correct and up to date.
4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the Federal Republic of Nigeria or other relevant countries).
4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Netsob, unless you have been specifically allowed to do so in a separate agreement with Netsob.
4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
4.5 Unless you have been specifically permitted to do so in a separate agreement with Netsob, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4.6 You agree that you are solely responsible for (and that Netsob has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Netsob may suffer) of any such breach.
5. Your passwords and account security
5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
5.2 Accordingly, you agree that you will be solely responsible to Netsob for all activities that occur under your account.
5.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Netsob immediately here.
6. Privacy and your personal information
6.2 You agree to the use of your data in accordance with Netsob’s privacy policies.
7. Content in the Services
7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
7.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Netsob (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Netsob or by the owners of that Content, in a separate agreement.
7.3 Netsob reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Netsob may provide tools to filter out explicit sexual content. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
7.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
7.5 You agree that you are solely responsible for (and that Netsob has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Netsob may suffer) by doing so.
8. Proprietary rights
8.1 You acknowledge and agree that Netsob (or Netsob’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Netsob and that you shall not disclose such information without Netsob’s prior written consent.
8.2 Unless you have agreed otherwise in writing with Netsob, nothing in the Terms gives you a right to use any of Netsob’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
8.3 Other than the limited license set forth in Section 10, Netsob acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Netsob, you agree that you are responsible for protecting and enforcing those rights and that Netsob has no obligation to do so on your behalf.
8.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
8.5 Unless you have been expressly authorized to do so in writing by Netsob, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
9. License from Netsob
9.1 Netsob gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Netsob as part of the Services as provided to you by Netsob (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Netsob, in the manner permitted by the Terms.
9.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Netsob, in writing.
9.3 Unless Netsob has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
10. Content license from you
10.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Netsob a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Netsob to display, distribute and promote the Services.
10.2 You agree that this license includes a right for Netsob to make such Content available to other companies, organizations or individuals with whom Netsob has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
10.3 You understand that Netsob, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Netsob to take these actions.
10.4 You acknowledge and agree that any feedback, including but not limited to suggestions, comments, ideas or other information, provided by you in the form of email or other submissions (collectively, “Feedback”) to Netsob is non-confidential and you hereby grant Netsob, its affiliates and subsidiaries and assigns an irrevocable, worldwide, transferable, nonexclusive, royalty-free and fully sublicensable right to use such Feedback for any purpose without any compensation or attribution to you.
10.5 You confirm and warrant to Netsob that you have all the rights, power and authority necessary to grant the above license.
11. Software updates
11.1 The Software which you use may automatically download and install updates from time to time from Netsob. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Netsob to deliver these to you) as part of your use of the Services.
12. Ending your relationship with Netsob
12.1 The Terms will continue to apply until terminated by either you or Netsob as set out below.
12.2 If you want to terminate your legal agreement with Netsob, you may do so by (a) notifying Netsob at any time and (b) closing your accounts for all of the Services which you use, where Netsob has made this option available to you. Your notice should be sent, in writing, to Netsob through our contact us page.
12.3 Netsob may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Netsob is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Netsob offered the Services to you has terminated its relationship with Netsob or ceased to offer the Services to you; or
(D) Netsob is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Netsob is, in Netsob’s opinion, no longer commercially viable.
12.4 Nothing in this Section shall affect Netsob’s rights regarding provision of Services under Section 3 of the Terms.
12.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Netsob have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 19.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
13. Exclusion of Warranties
13.1 The Services are provided “as is” and Netsob, its Subsidiaries and Affiliates, and its licensors give you no warranty with respect to them.
13.2 In particular, Netsob, its Subsidiaries and Affiliates, and licensors do not represent or warrant to you that:
(A) your use of the Services will meet your requirements,
(B) your use of the Services will be uninterrupted, timely, secure or free from error,
(C) any information obtained by you as a result of your use of the Services will be accurate or reliable, and
(D) that defects in the operation or functionality of any Software provided to you as part of the Services will be corrected.
13.3 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.
13.4 Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
14. Limitation of Liability
14.1 Nothing in these Terms shall exclude or limit Netsob’s liability for losses which may not be lawfully excluded or limited by applicable law.
14.2 Subject to overall provision in paragraph 14.1 above, Netsob, its Subsidiaries and Affiliates, and its licensors shall not be liable to you for:
(A) any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
(B) any loss or damage which may be incurred by you as a result of:
(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
(ii) any changes which Netsob may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
(iii) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services;
(iii) your failure to provide Netsob with accurate account information;
(iv) your failure to keep your password or account details secure and confidential;
14.3 The limitations on Netsob’s liability to you in paragraph 14.2 above shall apply whether or not Netsob has been advised of or should have been aware of the possibility of any such losses arising.
15. Copyright and trade mark policies
15.1 It is Netsob’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers.
16.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
6.2 The manner, mode and extent of advertising by Netsob on the Services are subject to change without specific notice to you.
16.3 In consideration for Netsob granting you access to and use of the Services, you agree that Netsob may place such advertising on the Services.
17. Other content
17.1 The Services may include hyperlinks to other web sites or content or resources. Netsob may have no control over any web sites or resources which are provided by companies or persons other than Netsob.
17.2 You acknowledge and agree that Netsob is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
17.3 You acknowledge and agree that Netsob is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
18. Changes to the Terms
18.1 Netsob may make changes to the Terms from time to time. When these changes are made, Netsob will make a new copy of the Terms available at https://netsob.com/help/terms/.
18.2 You understand and agree that if you use the Services after the date on which the Terms have changed, Netsob will treat your use as acceptance of the updated Terms.
19. General legal terms
19.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
19.2 The Terms constitute the whole legal agreement between you and Netsob and govern your use of the Services (but excluding any services which Netsob may provide to you under a separate written agreement), and completely replace any prior agreements between you and Netsob in relation to the Services.
19.3 You agree that Netsob may provide you with notices, including those regarding changes to the Terms, by email, regular mail, text message, or postings on the Services.
19.4 You agree that if Netsob does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Netsob has the benefit of under any applicable law), this will not be taken to be a formal waiver of Netsob’s rights and that those rights or remedies will still be available to Netsob.
19.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
19.6 You acknowledge and agree that each member of the group of businesses of which Netsob is affiliated shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
19.7 The Terms, and your relationship with Netsob under the Terms, shall be governed by Laws of the Federal Republic of Nigeria. You and Netsob agree to submit to the exclusive jurisdiction of the courts of Nigeria to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Netsob shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Last Updated on 18th December, 2016.