Protocol Subject and Scope
1.1 Codebay Services and Operator
Codebay Applications for Android and iOS (“apps”), websites (“websites”), and related services (collectively referred to as the “services”) are operated by Silverdragon Tech PTE. LTD., located at 112 Robinson Road #03-01 Robinson 112, Singapore (hereinafter referred to as “Codebay,” “us,” or “we”).
1.2 Application of Terms
Your use of the services is governed by the following terms and conditions.
1.3 Acceptance of Terms
By accessing or using any part of the services, you acknowledge that these terms and conditions apply.
1.4 Contractual Details and Specifics
The contract between Codebay and you is based on these terms and conditions, along with specific information provided during registration, subscription, or trial enrollment.
1.5 Changes to Terms and Conditions
Codebay reserves the right to amend, alter, or update these terms and conditions. If explicit consent is not obtained for revisions, you will be notified at least seven days before the updated terms take effect.
1.6 Implementation of Revisions
Revised terms and conditions will become effective at the end of the seven-day period or upon your first use of the services after the changes, whichever comes first.
1.7 Dissent and Service Continuation
If you disagree with the revisions and continuing the services within the scope of the current terms becomes unfeasible or unreasonable for Codebay, you might lose access starting from the effective date of the updated terms and conditions.
Services and Rights
2.1 Educational Content and Access
The services enable you to access and utilize an array of educational content and resources in fields such as computer science, data science, programming, software development, and related subjects.
2.2 Scope Based on Account Type
The extent of services accessible to you may vary depending on your account type, subscription, or trial status.
2.3 Limited License and Usage
The services are granted to you under a restricted, non-exclusive, non-sublicensable, and non-transferable arrangement. This license permits you to privately, personally, and non-commercially download, install, and, where applicable, use the apps in object code form on a compatible device within your possession or ownership.
2.4 Proprietary Content and Usage
All content available via the services, including audio, designs, graphics, images, information, software, text, and other files, as well as their arrangement and selection, are the exclusive property of Codebay or its licensors. Unless expressly permitted in these terms and conditions, you are prohibited from copying, distributing, displaying, downloading, posting, reproducing, republishing, scraping, selling, transmitting, or otherwise utilizing this content, whether in part or in whole.
2.5 Trademarks and Usage
"Codebay" and all other trademarks, service marks, graphics, and logos associated with the services are the intellectual property of Codebay or their respective owners. Your access or usage of the services does not confer upon you the right or license to reproduce or employ Codebay's trademarks, service marks, graphics, or logos.
2.6 Protection of Intellectual Property
You are prohibited from attempting to derive the source code of any service component, allowing third parties to do so, or engaging in activities like decompiling, disassembling, reverse engineering, or translating the services or any part thereof. Codebay and its licensors maintain full ownership of intellectual property rights and other rights pertaining to the services, including any alterations, modifications, or corrections.
2.7 Compliance and Representation
Your access and utilization of the services are warranted to be in alignment with these terms and conditions, as well as all pertinent laws, regulations, and rules of Austria and any other relevant jurisdiction.
2.8 Service Management
Codebay reserves the prerogative to modify, update, suspend, enhance, or terminate any aspects of the services.
Account
3.1 Account Creation
To access and use the services, you are required to register, i.e. create an account.
3.2 Account Setup Options
You may use your email address along with a self-determined password or a single sign-on application provided by third parties such as Apple or Google to create a Codebay account.
3.3 Confidentiality and Security Obligations
You are required to maintain the confidentiality of your password and other information related to the security of your Codebay account.
3.4 Information Accuracy
You agree to provide accurate, complete, and current information about you as requested by Codebay.
Content
4.1 Licensing of Created Content
By generating, storing, or submitting images, information, reviews, source code, text, translations, or other materials via the services, you hereby grant Codebay an irrevocable, non-exclusive, perpetual, royalty-free, transferable, and global license. This license enables Codebay to copy, produce derivative works, display, distribute, excerpt, reformat, reuse, and translate such content. These actions are carried out for the provision of services, enhancing your personalized experience, and promoting the services. It's important to acknowledge that this license cannot be terminated subsequent to the creation, storage, or submission of the content.
4.2 Responsibility for Created Content
You hold the responsibility for the content you generate, store, or submit. By doing so, you affirm that you possess the requisite legal rights to enable the content's utilization through the services.
4.3 Content Restrictions
You pledge not to create, store, submit, or otherwise furnish any content on or via the services that:
- Is abusive, harassing, hateful, offensive, threatening, or violates any laws or infringes upon the rights of any third party (including copyright, privacy, publicity, trademark, or other personal or proprietary rights).
- In Codebay's sole assessment, is explicit or objectionable, detrimentally impacts, exploits, or in any manner impairs the services.
- Could potentially expose Codebay or any third party to harm or liabilities of any nature.
4.4 Content Monitoring and Removal
Codebay actively monitors content generated and stored through the services and retains the right to eliminate any content deemed inappropriate.
Limitation on Types of Damages and Liability
5.1 Scope of Damage Liability
Codebay assumes no responsibility for user damage claims and is only accountable for damages resulting from infringements of physical well-being, life, or health, or from breaches of substantial contractual obligations. Additionally, liability extends to damages stemming from intentional or grossly negligent breaches of duty by the company or its statutory or authorized representatives.
5.2 Damages under Material Contractual Violations
In cases of material contractual violations, Codebay's liability is limited to contractual and predictably typical damages if these stem from slight negligence. This limitation holds unless damages pertain to injuries to life, body, or health.
5.3 Agent Duty Violations
5.3 Agent Duty Violations
Privacy
6.1 Privacy Policy Governance
Your utilization of the services adheres to the regulations set forth in the Privacy Policy. By utilizing the services, you signify your agreement with the terms delineated in the Privacy Policy.
Miscellaneous
7.1 Severability of Provisions
In the event that any provision within these terms and conditions is deemed null and void, the remaining terms and conditions shall continue to be fully effective. If feasible, the void provision shall be replaced with statutory provisions.
7.2 Applicable Law
The laws of a suitable jurisdiction shall be applicable, excluding the United Nations Convention on the International Sale of Goods (CISG). Statutory regulations, particularly consumer protection provisions mandated by your country of residence, shall remain unaffected.
7.3 Jurisdiction
For all disputes arising directly or indirectly from the contractual relationship, the respective court at Codebay's registered business location shall have exclusive jurisdiction. This holds true if you are an entrepreneur, a legal entity governed by public law, a special public fund, or lack a general place of jurisdiction within a relevant jurisdiction. This also applies if you have relocated your residence or business seat beyond these terms' application, internationally and outside the applicable jurisdiction.
These terms and conditions were last modified on August 24, 2023.