SECTION 1: ABOUT THESE TERMS AND CONDITIONS

This section sets out important information about these terms and conditions (“Terms”), including who they apply to, and how and when they apply.

     1.1. Parties to these Terms

We are XpansiveBuilders. These Terms create a binding contract between you and Xpansivebuilders.

If you access or use our Websites or Services (as defined below) on behalf of a company, you represent that you are authorized to accept these Terms on behalf of your company, and all references to “you” in these Terms also refer to your company.

     1.2. When and how these Terms apply

These Terms apply whenever you:

• access or use our websites, including the websites at temenos.com and its subdomains and any other websites that link to these terms and conditions (together, “Websites”), or any content available on or through them; or
• access our developer sandbox and APIs or any other software or services made available free of charge to members of our Xpansivebuilders developer community (together, “Services”).

By accessing or using our Websites or Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Websites or Services.

We may amend these Terms at any time by publishing updated terms on this Website. Please check back regularly as, by continuing to use our Websites or Services, you agree to be bound by any amendments to these Terms.

     1.3. Our Policies

In addition to these Terms, your use of our Websites and Services is also subject to the following policies:

• Our Privacy Policy, which sets out how we use any personal data that we collect from you through our Websites or Services; and
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     1.4. Other important information about these Terms

These Terms, together with any policies or other documents referred to in these Terms, constitute the entire agreement between you and Xpansive builders in relation to your access to and use of our Websites and Services and supersede all previous agreements, negotiations and discussions.

If any provision of these Terms is or becomes illegal, invalid or unenforceable, that will not affect the legality, validity or enforceability of any other provision of these Terms.

No delay or failure by us in exercising or enforcing any right or remedy under these Terms will constitute a waiver of such right or remedy or prevent us from exercising or enforcing that right or remedy in the future.

You may not assign or transfer your rights, benefits or obligations under these Terms to any other person without our prior written consent. We may assign or transfer our rights, benefits or obligations under these Terms to any of our group companies without your consent, provided we inform you of such assignment by e-mail or by a notice published on this Website.

Our group companies and suppliers may directly enforce and rely on any provision of these Terms that confers a benefit on or rights in favour of them. Other than this, no other third party shall have any rights under or in connection with these Terms.

These Terms shall be governed exclusively by the law and any dispute arising out of or in connection with these Terms or your use of our Websites and Services shall be subject to the exclusive jurisdiction of the court

SECTION 2: USING OUR WEBSITES AND SERVICES

This section sets out the terms and conditions that apply to all of our Websites and Services (“General Terms”). These General Terms are supplemented by additional terms relating to specific parts or aspects of our Websites and Services, which are set out in the following sections of these Terms.

     2.1. Your permission to use our Websites and Services

You are permitted to access and use our Websites and Services, provided that you comply with all applicable laws and these Terms, respect the rights of others (including privacy and intellectual property rights), and don’t interfere with or disrupt the security, integrity or performance of our Websites or Services.

You must not:

• use our Websites or Services in any way, or for any purpose, that is prohibited by law, constitutes a criminal offence or might give rise to civil liability;

• use our Websites or Services to send spam or distribute malware, to impersonate any other person, or to distribute material that is offensive, obscene, abusive, bullying, threatening or defamatory or that otherwise infringes the rights of others;

• attempt to introduce malware or gain unauthorized access to any part of our Websites or Services, their related networks or systems, or any software or data stored on them, or to access or use other people’s user accounts;

• perform any kind of security or performance testing or benchmarking on our Websites or Services without our express written consent; or

• exploit our Websites or Services for commercial purposes or to build competing products or services.

If we determine that you have failed to comply with these Terms or have otherwise acted inappropriately, we may withdraw your permission to access or use our Websites or Services and take legal action against you.

     2.2. Content of our Websites and Services

We make reasonable efforts to make sure that our Websites and Services remain useful and relevant. However, we do not guarantee that the content of our Websites and Services is accurate, complete or up-to-date and we do not accept any responsibility for any errors or omissions.

We may change the content of our Websites and Services, or add or discontinue Websites or Services, at any time.

     2.3. Third party content and websites

Our Websites may include information and content relating to third parties and third-party products and services, and links to third party websites and resources. We do not recommend or endorse any of the third parties or third-party products or services mentioned on our Websites and we are not responsible for, and have no liability to you in connection with, any third parties or third-party products or services.

In particular, Xpansivebuilders is not responsible for:

You agree that you will not use any third party materials in a manner that would infringe or violate the rights of any other party and that Xpansivebuilders is not in any way responsible for any such use by you.

2.4 Intellectual Property

The content of our Websites and Services is protected by copyright, trademark and other intellectual property rights and laws. We own, or are licenced to use, all copyright, trademarks and other intellectual property rights in the content of our Websites and Services.

You may use the content of our Websites and Services only as permitted by these Terms, but we and our licensors retain all intellectual property rights in the content.

You must not:

All trademarks, logos and other marks shown on our Websites and Services are the property of their respective owners. You do not obtain any rights to use the ‘Xpansivebuilders’ name, or any other brand names, trademarks or logos of XpansiveBuilders and its group companies under these Terms.

     2.5. Usage statistics and feedback

We may collect certain usage statics and feedback relating our Websites and Services, including information on how the Websites and Services are being used. This information is aggregated and does not contain your personal data, or data that you provide to us.

If you choose to give us any feedback or suggestions in relation to our Website or Services, or the other products or services made available by Temenos and its group companies, we may freely use and share your feedback and suggestions free of charge and without restriction.

     2.6. Disclaimers and liability

OUR WEBSITES AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. ANY USE OF OUR WEBSITES OR SERVICES IS AT YOUR OWN DISCRETION AND RISK.

     2.7. Contact us

To contact us, please make use of the Contact Us section on this Website.

     3.4. Disclaimers and liability

WEBSITE CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. ANY USE OF SERVICES IS AT YOUR OWN DISCRETION AND RISK.

     3.5. Privacy

If you request further information about any US or our products or services, using the form provided on the contact us , we will use the personal data that you provide, and share it with the relevant Exchange Provider, in accordance with our Privacy Policy.

SECTION 4: USING OUR WEBSITES AND SERVICES

This section sets out additional terms that apply to your use of Xpansivebuilders developer community (“Xpansive Community”) accounts, Services and software, including our community forums, developer sandbox, APIs, software development kits and other developer software or services that we make available to the Xpansive Community.

Our Confidential Information

You acknowledge that those parts of our Websites and Services to which access is restricted to authorised users contain information that is confidential, secret and valuable to Xpansivebuilders and its group companies (“Confidential Information”). This includes articles, documentation and discussions relating to our products and services and any other information that we do not make publicly available.

If you are given access to our Confidential Information, you agree to:

• keep our Confidential Information confidential and secure and not to disclose it to any other person (unless you are legally required to do so);
• promptly notify us if you become aware of any unauthorised access to, or use or disclosure of, our Confidential Information; and
• use your best efforts to assist us and our group companies in identifying, preventing and investigating any unauthorised disclosure or use of our Confidential Information.

We may remove user-provided content from our Websites and Services at any time at our sole discretion.

Intellectual property infringement notification

We respect the intellectual property rights of others, and will respond expeditiously to claims of copyright infringement committed using our Websites or Services. If you are a copyright owner or agent, and you believe that any content on our Websites or Services infringes your copyrights, then you may submit a notice to our Designated Copyright Agent with the following information via mail or email:

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Xpansivebuilders website are covered by a single notification, a representative list of such works.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled. Include a direct link (URL) to or other description of the exact location where each such material may be found.
• Information reasonably sufficient to permit Xpansivebuilders to contact you, including an address, telephone number, and, if available, an electronic mail address.
• A statement you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, and that (a) you are the owner, or you are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
• Your full legal name and your physical or electronic signature.

Please note that to be an effective notice under the US Digital Millennium Copyright Act all the information above must be included in your notice. Any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Please send any notice by mail to us

Contact us – XPANSIVEBUILDERS Community

For communications relating to Xpansivebuilders Products and Services, you can contact us Via This Link