Bunker db ®

  • 1. ACCEPTANCE
  • 2. REPRESENTATION
  • 3. OUR PRODUCTS
  • 4. USER REGISTRATION ON OUR APPLICATION
  • 5. ABOUT YOUR ACCOUNT
  • 6. SERVICE AVAILABILITY
  • 7. SUBCONTRACTORS
  • 8. CONTENTS AND THIRD-PARTY SERVICES
  • 9. PAYMENT TERMS FOR OUR SERVICES
  • 10. SUBSCRIPTION CANCELLATION
  • 11. YOUR USE OF THE PRODUCTS
  • 12. CONFIDENTIAL INFORMATION
  • 13. DATA PRIVACY
  • 14. INTELLECTUAL PROPERTY
  • 15. IMAGE, REPUTATION AND PRESTIGE
  • 16. WAIVER OF WARRANTY
  • 17. YOUR INDEMNIFICATION TO BUNKER DB
  • 18. INDEMNIFICATION AND LIABILITY LIMITATION
  • 19. APP URL
  • 20. CUSTOMER SUPPORT
  • 21. MISCELLANEOUS

Bunker DB Terms of Service
Last Update: October 2023

  1. ACCEPTANCE

    1. These Terms of Service (hereinafter the “Terms”) are a binding agreement between you (“You” or the “Customer”) and QUEIBAN S.A. (“we,” “our,” or “BUNKER DB”) that regulates the use and access of the products and services we offer and that we may eventually offer in the future (the “Products” or the “Services”).
    2. To access or use the Products constitutes your acceptance and your commitment to comply with these Terms of use (“Terms”).

  2. REPRESENTATION

    1. By accepting the terms of use on behalf of another person, you guarantee to BUNKER DB to have sufficient authority for this purpose. If you do not have such authority or if you or the Customer do not agree to these Terms, you should not accept them and the Customer should not use the Products.
    2. You declare and guarantee that the information you provide in the registration process is accurate and complete.

  3. OUR PRODUCTS

    1. Our products can be subscribed to directly from a sales representative or in the Software as a Service (SaaS) modality, which is subscribed to directly from BUNKER DB website and self-managed by you.
    2. In case of acquiring a SaaS Service, you can subscribe to additional services through a sales representative, which will be governed by the terms and conditions established here and by those that you agree on in each case.
    3. We reserve the right to remove and/or modify and/or include features or functionalities of or in our Products at our sole discretion, modifying or not the price. We reserve the right to discontinue any, some or all of our Products. We may or may not notify you about changes made to the Products. We will not be liable to you or any third party for any modification, price increases or discontinuation of our Products.
    4. Certain new features may require the acceptance of additional terms. If you do not accept the additional terms, you will not be able to access the new functionality.

  4. USER REGISTRATION ON OUR APPLICATION

    1. The license granted by these Terms is for the purpose of using it for your own benefit and providing services to third parties linked to your activity. It is your responsibility to obtain the consent of the third party for the use of the Products concerning them.
    2. All authorized users must register on our application and pay a fee to use our Products. You must pay these subscription fees on the first day of your subscription period. If your subscription does not allow more users, you must pay an additional fee to use our Products. You must pay this additional subscription fee on the day you add the user.
    3. As a User, you declare that: (i) you are over 18 years old, (ii) you have not been prohibited or limited from using a company account; (iii) you are not a competitor who will use the Products for competitive purposes or against the company; (iv) you will use the service for your business, and (v) the data provided is yours.

  5. ABOUT YOUR ACCOUNT

    1. You agree and understand that you are responsible for preserving the security, confidentiality and accuracy of your account and access data; additionally, you are fully responsible for any activity that occurs during or in relation to your login or account.
    2. You can only log in from one device per user, in case of logging in simultaneously with the same user, all open sessions will expire.
    3. You agree not to exchange, transfer or sell access to your login or account to another person.
    4. Our products support logins through two-factor authentication. You acknowledge that BUNKER DB will not be liable for any damage, loss or liability that would have been avoided if you or your Users had implemented such two-factor authentication.
    5. You can provide access to your employees according to the maximum number of users allowed according to the plan you subscribed to. Users can only access through login and cannot use technologies such as robots spiders, crawlers and or scrapping technologies.
    6. You agree to take reasonable measures to prevent unauthorized use of the Products and to notify us immediately if you detect any unauthorized use through your account. You will take all necessary measures to end unauthorized use and you agree to cooperate with us to prevent or terminate such unauthorized use of the Products.
    7. In case of a data breach, BUNKER DB will notify the customer within 24 hours of becoming aware of it and will take actions within its power to prevent unauthorized access or the use of your account. If it is necessary to update your credentials, we will notify you and you will have to act according to the instructions provided by BUNKER DB. BUNKER DB will not be responsible for any damages caused to you or third parties if you omit to act as instructed by BUNKER DB.
    8. You declare to know and accept that BUNKER DB is not responsible for data breaches that you may suffer in social platforms and/or media to which BUNKER DB is connected and whose result can be reflected in the service provided by the latter.
    9. You accept that you will not perform fraudulent actions by, through or against the products and/or services provided by BUNKER DB.
    10. If we have reasonable grounds to believe that you have violated any of the rules set out above, we may, at any time and without prior notice, remove some of your content and/or suspend, restrict or terminate your account and your access to the contracted products, without any liability to you or to third parties.

  6. SERVICE AVAILABILITY

    1. BUNKER DB will do everything within its power to keep the availability of its services at 99%, which does not guarantee that the Products are available and can be accessed every day throughout the day. Unavailability may come from causes attributable to BUNKER DB such as repairs, updates, routine and emergency maintenance and also from other causes that may be outside our reasonable control, such as interruption of services received from third parties. Interruptions of our Applications cannot be considered as a basis to cancel your subscription or to demand total or partial refunds or credits for prepaid and unused subscription fees.
    2. Our service interacts with social and media platforms, so we depend on their availability as well as the features and functionality that are available to us, which we do not control and can change without prior notice. You know and accept that BUNKER DB will not be liable for changes in those services, nor if at some point, all or some features or functionalities of a social or media platform becomes unavailable. BUNKER DB will also not be responsible for any inconvenience in the sending of data that social and media platforms with which it interacts may experience and that may affect the proper functioning of BUNKER DB.
    3. The servers used by BUNKER DB belong to third parties. The resolution of any inconvenience experienced on BUNKER DB servers depends exclusively and directly on third parties, so we are not responsible for any damage and/or loss that may occur to the Customer as a result.

  7. SUBCONTRACTORS

    1. BUNKER DB may use subcontractors to develop the contracted services. In such case, BUNKER DB will be responsible for the actions of such subcontractors, except for the acts or omissions of hosting services or data communication service providers.

  8. CONTENTS AND THIRD-PARTY SERVICES

    1. You declare to know and accept that BUNKER DB is not responsible for the contents provided by you or by third parties. If you violate the terms of use of the social or media platforms to which BUNKER DB will connect, you will keep BUNKER DB indemnified and indemnify BUNKER DB against any claim made by third parties.
    2. Our products enable the gathering of data regarding products, services, or software from external sources, including social media platforms, media platforms, and other integration partners, using APIs. To do this, you must authorize the necessary permissions for the BUNKER DB application to connect with the third-party platforms. By allowing our products to access third-party services, you authorize third-party services to transfer login information to BUNKER DB and allow BUNKER DB to access and/or process the information found there.
    3. The data and information that BUNKER DB retrieves through the API will depend on the restrictions imposed by the APIs themselves as well as those imposed by third-party services in their terms and conditions. BUNKER DB is not responsible for any limitations that may exist regarding accessible information.
    4. You are solely responsible for complying with the terms of service, usage conditions, privacy policy, or similar policies of third-party services that you use, which you acknowledge and accept. This includes, but is not limited to, the terms of service of Twitter, available at www.twitter.com/tos; the terms of service of Facebook, available at www.facebook.com/legal/terms; the terms of use of Instagram, available at https://help.instagram.com/581066165581870; the user agreements of LinkedIn, available at wwww.linkedin.com/legal/user-agreement, and the terms of service of YouTube, available at https://www.youtube.com/t/terms. It is your responsibility to periodically check the terms of service or usage conditions of third-party services that BUNKER DB connects to, as well as the links to access them. If there are new social platforms or media to which our software can connect, it is your responsibility to provide the necessary permissions and to verify the terms of use or service conditions.
    5. Mentions, messages, and comments about you made by users on social platforms and/or media collected by BUNKER DB through APIs are subject to the terms and conditions of each network. In effect, if the social platform or media cancels the possibility of sharing said information through an API, BUNKER DB will not be responsible for the inability to process it. Mentions originating from Facebook and Instagram are available at: https://developers.facebook.com/terms and at https://developers.facebook.com/devpolicy. Similarly, mentions originating from Twitter are subject to the conditions published at https://developer.twitter.com/en/developer-agreement-and-policy.html. The preceding list is not exhaustive. It is your obligation to periodically check the terms of use or service terms of third parties to which BUNKER DB connects, as well as to ensure that your access and use of mentions is in accordance with the referred terms and conditions. If a social platform or media requires BUNKER DB to remove mentions or content, you declare that you will cooperate to ensure that the affected mentions will also be removed from your networks. With respect to Google services, our program will only access information from Google Analytics/Ads/YouTube, depending on the services to which you log in. You can revoke the right to access at any time through the Google account control panel at https://security.google.com/settings/security/permissions.
    6. BUNKER DB will not be held responsible for any deprecated metrics or changes to API versions of third-party platforms that our software accesses.
    7. You acknowledge and agree that BUNKER DB is not liable: (i) for third-party services; (ii) for any changes, removal or loss of your data by the third-party service; (iii) for the use of the data provided by BUNKER DB's software that you make; (iv) for any damage or harm arising from the enabling of third-party services and your acceptance of the privacy policies and data security processes of such service or related to them.
    8. Certain functions of our Products depend directly on the availability of third-party services and the features and functionality that third parties make available to us.
    9. Certain features of our Products directly depend on the availability of third-party services and the features and functionalities that the third parties make available to us. The characteristics, features, and functionalities of third-party services are beyond BUNKER DB's control and may change without notice. If third parties stop providing access to any or all the available features or functionalities, or as determined by BUNKER DB stop providing reasonable access, we may stop providing access to certain features and functionalities of our Products at our sole discretion. You agree that in such case, we are not responsible for any refund, damage, loss, or injury that arises from changes made to the third-party service or any change that results in our Products or that relates to them. You irrevocably waive any claim against BUNKER DB regarding such Third-Party Services.

  9. PAYMENT TERMS FOR OUR SERVICES

    Unless we agree on special terms, the following payment terms and conditions will apply to our services:

    1. FREE TRIAL
      1. BUNKER DB may at its sole discretion offer you a free trial period.
      2. If you sign up for a free trial of a paid product or service, BUNKER DB may ask you to provide a valid credit card or other payment method. Without this information, you will not be able to access the free trial.
      3. Once 168 hours have elapsed since the start of the free trial (equivalent to 7 days), we will automatically charge the subscription fee for the selected plan to the provided payment method, unless you upgrade, downgrade, or cancel the subscription before the free trial period ends. For example, if you started your subscription on August 4th at 10:00 AM, you must cancel your subscription before 10:00 AM on August 11th. Otherwise, we will automatically charge the subscription fee for the chosen plan to the provided payment method. If you upgrade or downgrade your subscription before the free trial period ends, it will automatically terminate, and from the moment you make the change, you will be charged the fee for the new plan. In no case charges made will be refunded.
      4. The free trial can only be used once per user and per company. Once the trial period is over, new free trials will not be activated.
    2. SUBSCRIPTION
      1. You can purchase an annual or monthly subscription according to the plans available at the time of signing up.
      2. Subscriptions include a limited number of users according to the contracted plan. However, you can purchase additional users, the cost of which will be billed together with your subscription.
      3. Subscriptions include a limited number of brands available according to the contracted plan. However, you can purchase additional brands, the cost of which will be billed together with your subscription. All distinctive signs or symbols used by the customer as an offer of their products and services will be considered “brands.” The user can use the product to analyze one, some, or all of the brands according to the contracted plan.
    3. CHANGE OF PLAN OR SUBSCRIPTION
      1. You can change from an annual subscription to a monthly subscription, and the monthly billing will start once the annual billing cycle has ended. Similarly, you can change from a monthly subscription to an annual subscription, and the annual billing will start once the monthly billing cycle has ended.
      2. You can downgrade your current subscription at any time. The full billing cycle will be charged according to the current plan. If you downgrade in the middle of a billing cycle, you will not be entitled to any refund or any kind of reimbursement for fees not used in relation to the change of plan. Prior to downgrading your subscription, you are responsible for deactivating any items or services not included in the selected new plan. You declare that you know and accept that the change of plan may result in the loss of content, functions, or capacity of your account, and we are not responsible for such losses.
      3. You can upgrade your current subscription at any time. The fee for the new plan will be charged from the day you make the upgrade. If you upgrade before the start of a new billing cycle, the updated fee will be prorated for the remaining days until the end of the billing cycle. With the start of the new billing cycle, the new fee will be charged. If you had contracted additional users and do not need them in light of the upgrade of the plan, you can cancel them at any time, applying the same billing conditions. If you do not cancel them, BUNKER DB will continue to bill the additional users separately from the new contracted plan.
      4. If you request a new additional product to the contracted plan, such as a brand or user, before the start of a new billing cycle, you will be charged as follows: at the start of the billing cycle, the full monthly or annual subscription will be charged, as appropriate, and the rate will be prorated for the new services for the days elapsed between the request for the new product and the day the billing cycle ends. With the start of the new billing cycle, the new rate will be charged.
      5. If you want to delete one or more additional brands within your current subscription, all information linked to it will be deleted instantly and irretrievably. It is your responsibility to backup the information if you wish. BUNKER DB is not responsible for deleted information.
    4. BILLING
      1. You accept and authorize BUNKER DB to invoice the corresponding fees for the contracted plan through the registered credit card or the chosen payment method, in the annual or monthly mode, according to your preference.
      2. We will continue to charge you for your Plan, including any supplement, on a monthly or annual basis according to the contracted plan, unless you decide to cancel, downgrade, or upgrade it before the end of the billing period that corresponds.
      3. Monthly plans. The payment cycle will start on the day of your subscription and automatically on the same day of each subsequent month. The price of the plan will be calculated based on 30 days.
      4. Annual plans. The payment cycle will start on the day of your subscription and automatically on the same day of each subsequent year. The price of the plan will be calculated based on 365 days.
    5. CHANGES IN FEES
      1. The fees may be modified at any time by BUNKER DB at its sole discretion, with a prior notice of thirty (30) days.
      2. The new fees will be applied in the next billing cycle following the notice of change. Depending on where you live, differences in rates may apply based on the exchange rate.
      3. Continuing to use our Products after the fee changes implies acceptance and consent to the new prices.
    6. PAYMENT METHODS
      1. Subscription payment may be made by credit card, or any other valid payment method accepted by BUNKER DB. At any time, BUNKER DB may remove any payment method, requiring the customer to provide one to continue using the product.
      2. Please note that not all payment methods are accepted by BUNKER DB.
      3. If the payment method provided by you becomes invalid, and you do not update the payment information by providing a valid method, or do not cancel or downgrade the contracted plan, BUNKER DB will continue billing the contracted services and you will be responsible for the payment of the generated debt.
      4. You declare that you know that payments are managed through third-party providers and that the resolution of any inconvenience experienced with these providers depends exclusively and directly on these parties. You declare to know and accept that BUNKER DB is not responsible for any vicissitudes that may occur regarding the third-party providers, nor for any damage and/or harm that may be caused to the Client because of or due to the use of third-party platforms intended for the payment of the subscription, such as theft of information, identity theft, etc.
    7. AUTOMATIC RENEWAL
      1. The SaaS service plans will automatically renew at the end of each monthly or annual period, depending on the contracted plan, so unless you decide to cancel or downgrade your plan before the end of the period, you will be automatically billed based on the renewal on the first day of the next period.
    8. TAXES AND BILLING INFORMATION
      1. You are responsible for paying all taxes, tariffs, fees, levies, and/or withhold amounts of any kind, local and foreign, with respect to all fees you pay to BUNKER DB as well as any taxes related to the use of our Products. Local taxes (Eastern Republic of Uruguay) may vary depending on the payment method used.
      2. You are responsible for reporting and maintaining updated billing information, especially the country of your billing address. Changes in billing information will be reflected in the next invoice issued by BUNKER DB. If the country of your billing address differs from the country indicated during the registration process, it is your responsibility to modify it, otherwise the invoice will be issued based on the country indicated during the registration process.
      3. Invoices will be issued in Uruguay
      4. BUNKER DB is not responsible for omissions, errors, inaccuracies, or lack of updating of billing information, nor for the lack or inaccuracy in the payment of taxes by the customer.
    9. ISSUES WITH SERVICE PAYMENT
      1. Your obligation to pay the fee for the subscribed plan will remain valid until the end of your monthly or annual billing cycle, whichever is applicable, regardless on when you cancel or downgrade your subscription.
      2. In the case of inability to collect the subscription fee, BUNKER DB may at any time block access to the contracted product, as well as cancel the subscription and permanently and irrecoverably delete all data and information from your account.
      3. Cancelling the subscription does not exempt you from paying any unpaid fees for the entire contracted period.
      4. Failure to pay on time will result in a 12% (twelve percent) annual late fee.
      5. BUNKER DB may initiate the judicial or extrajudicial actions it deems appropriate for the purpose of collecting what is owed.
      6. BUNKER DB may assign the credits arising from the subscriptions purchased by you, which you declare to know, accept, and consent to from now on.

  10. SUBSCRIPTION CANCELLATION

    1. In accordance with the provisions of Article 16 of Law 17.250, you may terminate the contract within five business days from the formalization of the contract, at your sole option, without any liability on your part. Also you can cancel your subscription at any time. The fees for your Plan that you have not paid during the subscription period will become due and payable immediately. If you cancel your subscription prior to the end of the billing cycle, you may choose between: (i) deactivating the account and permanently and irretrievably deleting the information immediately; or (ii) deactivating the account and permanently and irretrievably deleting the information at the end of the already paid billing cycle. In no case will you be entitled to any refund, including prepaid and unused fees.
    2. BUNKER DB may, without prior notice and without incurring any liability, restrict the functions or capabilities of the Products contracted by you, temporarily suspend your account or even cancel it, in the following cases: (i) if we reasonably believe that you have breached or may breach the terms of use; (ii) if you do not pay the fees according to the contracted plan, (iii) if you are subject to a class action lawsuit related to insolvency, judicial administration, liquidation or assignment of assets to creditors, such as bankruptcy, concurrence, conciliation, etc., or (iv) if we reasonably consider that your actions could cause damage to BUNKER DB's reputation or to any natural or legal person linked to it.
    3. You must immediately stop using our services upon cancellation of the subscription.
    4. Once your subscription is cancelled, BUNKER DB reserves the right to immediately, permanently, and irretrievably delete the configuration, content and information from your account. You declare that you know and accept that BUNKER DB is not responsible to you or to third parties for the deletion of information and data.

  11. YOUR USE OF THE PRODUCTS

    1. The following acts are prohibited, and you agree not to perform, initiate or facilitate them:
      1. Use the contracted products and services in violation of current legislation or these terms of service;
      2. Use information, content or other data obtained and/or viewed through BUNKER DB to provide services that, at BUNKER DB's exclusive discretion, compete with the services provided by BUNKER DB;
      3. Access BUNKER DB, by a manual or automatic means, in order to monitor its availability, performance or functionality or for competitive purposes;
      4. Implicitly or explicitly claim that you are directly or indirectly associated with or endorsed by BUNKER DB;
      5. Rent, lend, commercialize, sell, resell, license, sublicense or partially or totally allow access to BUNKER DB or the information contained therein;
      6. Use or attempt to use another user's account;
      7. Create a false identity on BUNKER DB;
      8. Use any information obtained from or through BUNKER DB to harass, threaten or abuse another person;
      9. Upload, post, email, transmit or otherwise facilitate or initiate content that: is illegal, defamatory, abusive, obscene, discriminatory or otherwise objectionable; infringes patents, trade secrets, copyrights or other intellectual property rights; includes unsolicited or unauthorized advertising, promotional material, "junk mail" or spam, "chain letters", "pyramid schemes" and any other form of advertising to solicit customers; contains computer viruses or other computer codes, programs or files designed to interrupt, destroy or limit the functionality of any software or hardware or telecommunications equipment of BB-member or any of its users;
      10. Bypass or disable any security or other technology feature of BUNKER DB's Products;
      11. Reverse engineer any element of the Products or use them to compete with BUNKER DB;
      12. Use the Products in any way that interferes with, or alters the integrity or performance of the Products or its components;
      13. Establish deep links to the Sites (other than the BUNKER DB homepage) for any purpose unless BUNKER DB expressly authorizes it in writing.
    2. BUNKER DB reserves the right to cancel your account or suspend your access to the Products if we reasonably suspect that you have violated any of the restrictions.

  12. CONFIDENTIAL INFORMATION

    1. Confidential Information is any information that one party reveals to the other, directly, or indirectly, through any means, whether written or oral, and which is qualified as confidential by the person revealing it or which a reasonable person would consider confidential considering the nature of the information and the circumstances of its disclosure. Information is not considered confidential if: (i) it is publicly known without a violation of the confidentiality obligation by the person who revealed it; (ii) it is known by the recipient prior to its revelation by the discloser without a breach of the confidentiality obligation; (iii) it is revealed by a third party to the recipient without a breach by the latter of the confidentiality obligation; and (iv) it is independently developed by the recipient without the confidential information of the discloser.
    2. If we share non-public or confidential information about BUNKER DB and/or the contracted products, you must maintain its confidentiality and take the necessary security measures to prevent access to or unauthorized disclosure of the information.
    3. BUNKER DB will maintain the confidentiality and will not share the customer's collected data with third parties, except with the express authorization of the Customer. However, BUNKER DB may use such data for statistical purposes as provided for in clause 14.4.
    4. Neither party will disclose, use, transmit, or make available to any entity, person, or organization any confidential information of the other party, except as required to perform under these Terms, or if required by law or by a competent court order, and will take reasonable security measures to prevent unauthorized disclosure.

  13. DATA PRIVACY

    1. To respond to your service requests and to provide you with the service, we may have access to your personal data. BUNKER DB's Privacy Policy (“Privacy Policy”), is available at the following link: https://signup.bunkerdb.com/en/policy and is considered an integral part of these Terms of Service.
    2. You agree to all actions taken with regards to your personal data in accordance with our Privacy Policy. In case it is required by law, a competent judicial authority, or with your agreement, we may share your data with third parties, taking necessary measures to ensure that any third party practices commercially reasonable data practices to maintain the confidentiality and security of the data and prevent unauthorized access.
    3. If you connect databases of your consumers or persons to our Products, you are solely responsible for them and it is your obligation to register them in the countries where they are located, in accordance with applicable laws and regulations. Therefore, you declare that you are aware of and accept that BUNKER DB is not responsible for the existence, content, registration, or use of your databases.
    4. You declare that the content that BUNKER DB will access has not been collected, stored, or transferred to us in violation of any law, regulation, or contractual obligation. You will be solely responsible for the accuracy, quality, and legality of the Content and the means by which you have acquired it. You will also be responsible for establishing the legality of data processing with regard to the Users and any person who interacts or participates with your social media pages or profiles, in accordance with the current regulations in the Eastern Republic of Uruguay (Law 18.331) and the General Data Protection Regulation 2016/679 (the “RGPD”).
    5. The software used by BUNKER DB complies with the General Data Protection Regulation (“GDPR”)

  14. INTELLECTUAL PROPERTY

    1. You acknowledge and agree that BUNKER DB owns all rights, titles, and interests in and to the Products and the SaaS Service, including all patents, inventions, copyrights, domain names, trademarks, trade secrets, logos, software, and any other intellectual property rights related to the Service. We grant you a non-exclusive, non-transferable, non-sublicensable and revocable right to access and use our Products, with the limitations set forth herein.
    2. You acknowledge and declare that any comment, suggestion, request, recommendation, or information that you provide to us through any of the available means is not confidential, and you grant us all rights, titles, and interests in and to each of them in a universal, perpetual, irrevocable, sublicensable, and free manner, including any and all intellectual property rights of any kind, for the purpose of using them for any purpose, including reproduction, preservation, distribution, and sale, without the right to any compensation or remuneration for any reason.
    3. At the request of BUNKER DB, its successors, or assigns, you will be required to sign all necessary documentation to carry out this assignment and you accept to waive any moral rights that you may have over any comments, suggestions, requests, recommendations, or information, even if it is altered or changed in any way.
    4. You acknowledge and accept that we may use your data and the information on the use that users make of the Product, which are owned by BUNKER DB and can be used for statistical purposes, product improvements, customer service, and any other lawful purpose, without obligation to specify the use that will be given to it. Also, you grant us a universal, exclusive, revocable, and free right to use, retain, copy, distribute, publish, delete, process, or analyze such information.

  15. IMAGE, REPUTATION AND PRESTIGE

    1. You are obliged to not engage in any behavior that could harm the image and reputation of BUNKER DB.
    2. You are responsible for compensating any damages caused to BUNKER DB or any individual or legal entity associated with it if you directly or indirectly damage the image and/or reputation of BUNKER DB through any means.

  16. WAIVER OF WARRANTY

    1. We offer our Products "as is" and do not provide any warranty, condition, or representation of any kind. We also renounce any express or implied warranty that may exist regarding the Products, within the limits of applicable law.
    2. Specifically, BUNKER DB does not guarantee that: (i) The product purchased by you meets your expectations or requirements; (ii) The service is uninterrupted, available, accessible, secure, or error-free; (iii) Any information obtained because of using our products is accurate or reliable; (iv) Operational or functional defects of our software are corrected.
    3. BUNKER DB is not responsible for the quality, accuracy, or veracity of the services or information obtained from social platforms or media used as inputs by our Software or for the interruption in accessing such information caused by the inactivity or unavailability of the mentioned social platforms or media. BUNKER DB denies and has no responsibility for any content from any social platform or media that is collected, received, or created by you or by third parties, in the use of the product.
    4. BUNKER DB is not responsible for the malfunction or inability to access our products because of the use of inadequate equipment, internet connection interruptions, or any other error, omission, interruption, defect, or delay in the operation or transmission.

  17. YOUR INDEMNIFICATION TO BUNKER DB

    1. Any failure to meet the obligations stipulated in these Terms and Conditions shall be deemed as a violation. Such non-compliance may result in potential legal action or other remedies available to the affected party.
    2. You agree to defend, indemnify, and hold harmless BUNKER DB and any affiliated individuals or entities from any third-party claims or demands arising from or based on allegations of your or your users' non-compliance with: (i) Applicable laws; (ii) Intellectual property rights; (iii) These Terms of Use; and/or (iv) The use of Third-Party Services.
    3. In case of a claim, BUNKER DB will assume its own defense and the customer will have to indemnify the professional fees and other expenses incurred in the process.
    4. Additionally, you must: (i) Notify us in writing, using a reliable means, and within 24 hours of becoming aware, receiving notice, or communication of the claim, whichever occurs first; (ii) Allow us to exclusively assume the defense and negotiation with the claimant; and (iii) Cooperate reasonably with our defense, providing us with the relevant documentation and information that you have in your possession that may be relevant to the case, being available to our legal team, declaring as a witness if necessary, etc.

  18. INDEMNIFICATION AND LIABILITY LIMITATION

    1. BUNKER DB will not be liable for any indirect, punitive, incidental, special, accidental, or consequential damages, or for the loss of profits, revenues, information, or other intangible losses resulting from the use or inability to use our Products, or any other aspect arising from these Service Conditions.
    2. In no case shall BUNKER DB be responsible for services provided by third parties, social or media platforms, or for Internet connections or transmissions, or for any other damage or loss caused by hacking, theft, or any unauthorized access to your BUNKER DB account.
    3. If you use our products for the analysis of trademarks belonging to third parties, you declare that you are aware of and accept that you are solely and exclusively responsible for obtaining the consent of the third parties. Furthermore, you declare that the commercial relationship between you and the owners of the trademarks is independent of our commercial relationship, assuming on your own account and risk all the rights and obligations contained in these terms and conditions.
    4. In consideration of the above, you declare that you are aware of and accept that BUNKER DB is not responsible for the use of the contracted product without the consent of the trademark owner, and you will keep BUNKER DB harmless and indemnify BUNKER DB against any type of claim that may arise from such unauthorized use.
    5. In case you are an advertising agency and use our products for the analysis of third-party trademarks and allow third parties to access BUNKER DB directly by creating users, you are solely responsible for the use that the third party makes of the user created by you. In no case will BUNKER DB be responsible towards the third party to whom you allow access to our products, and you will keep BUNKER DB harmless and indemnify BUNKER DB for any claim made by third parties.
    6. The maximum liability of BUNKER DB arising or related to these Service Terms towards the customer, or its users will not exceed in any case the total amount paid by you to BUNKER DB during the three (3) months preceding the event that gives rise to the claim. This amount will be the only compensation that the customer or users can receive in terms of damages and losses per event.

  19. APP URL

    1. You must designate a name for the URL application instance when you subscribe to the Products of BUNKER DB.
    2. You cannot use a name for an URL that is already in use. We are not responsible if the name of your company or the name you want to use is not available. In that case, you must use another name, or another name will be assigned to you by BUNKER DB.
    3. UOnce you designate the name for the URL, it cannot be modified. In exceptional cases, the customer may request BUNKER DB to change the name, which will be evaluated on a case-by-case basis by BUNKER DB and if applicable the migration will be quoted.

  20. CUSTOMER SUPPORT

    Unless we agree on other special terms, the support and help center conditions will be as follows:

    1. In the absence of any special agreement, the support and help center conditions will be as follows: You will have a help center through which you can learn to use BUNKER DB's purchased product and its functions in a self-service manner, that is, without personalized attention.
    2. BUNKER DB may offer webinars or workshops for all clients to provide training on the use of its products.
    3. The self-service service does not include customer success or account manager hours. Inquiries will be answered through the help center or via remote support.
    4. Support channels with personal attention will be available from Monday to Friday from 9:00 a.m. to 6:00 p.m. (GMT-3) and include chat, email, and WhatsApp. The support will be provided based on the demand at the time and according to the requirements of other users on the platform.
    5. If you want to hire customer success hours (account executive), you must contact Support and a sales executive will be in touch as soon as possible.

  21. MISCELLANEOUS

    1. Logo Usage. You grant us the right to use your company name and logo on our website and in any other means of communication for promotional, marketing or any other lawful purpose without needing to ask for your prior permission.
    2. Updating the terms. BUNKER DB may update and/or modify these terms of service at any time. You are responsible for regularly checking the updated version of these terms of service. Continued use of the Service after any update and/or change, implies acceptance and consent of the same.
    3. Assignment or transfer of rights. The Client may not assign or transfer the rights, duties, and/or obligations acquired under this agreement without prior written authorization of BUNKER DB.
    4. Notifications. You agree that BUNKER DB may send you notifications by email with informative and/or transactional content. You may unsubscribe through the link provided for this purpose in the received email or by sending an email to support@bunkerdb.com. Transactional notifications related to billing and payment of services cannot be deactivated, so even if you unsubscribe from notifications, you will continue to receive them. You are responsible for keeping your email address and any other contact information updated.
    5. Force majeure. BUNKER DB shall not be liable to you or to third parties for any breach or delay in the performance of its obligations under these terms and conditions, due to any cause or condition beyond its reasonable control, such as, without being an exhaustive list: fires, floods, severe weather, earthquakes, vandalism, accidents, sabotage, power failures and/or telecommunications failures, third-party-propagated attacks (hacks), failures or interruptions in internet connections, acts of terrorism, wars, public disturbances, strikes, occupations, health emergencies, epidemics, pandemics, acts of government (including travel restrictions or quarantines), etc. The force majeure suffered by a subcontractor shall be considered a force majeure with respect to BUNKER DB.
    6. Applicable Law. These terms of service will be interpreted and applied in accordance with the laws of the Eastern Republic of Uruguay, without including the provisions of the United Nations Convention on Contracts for the International Sale of Goods of 1980. Any dispute arising from or based on the Service provided by BUNKER DB under the conditions set forth in this document shall be governed by the provisions of the Law of the Eastern Republic of Uruguay.
    7. Dispute Resolution. If either party has breached or threatens to breach the confidentiality obligations and the intellectual property rights of the other party, BUNKER DB may file a lawsuit in the courts of Montevideo, Oriental Republic of Uruguay, as a precautionary measure to stop unauthorized use of the Products and to stop the violation of intellectual property, as appropriate. In all other cases, you and BUNKER DB agree that any dispute arising under these service conditions or related to it will be definitively resolved in accordance with the arbitration rules of the Conciliation and Arbitration Center of the Montevideo Stock Exchange. The Arbitration Tribunal will be composed of a single arbitrator, and the Seat of the Arbitration will be in Montevideo, Oriental Republic of Uruguay. The language of the arbitration will be Spanish. The arbitration will be by law. You agree that the arbitrator cannot order punitive damages to be paid to either party.
    8. Entire agreement. The present service conditions represent the final and complete agreement between you and BUNKER DB for the use of the SaaS Services and replace any previous negotiation, agreement, or contract in relation to this document. BUNKER DB is not bound and expressly objects to any terms, conditions, or other provisions different or additional to the present Conditions that you may prefer in any invoice, acceptance, purchase order, confirmation, correspondence, or otherwise.
    9. Waiver and Severability. BUNKER DB's waiver of any term or condition established in these Terms will not be considered a waiver of the rest of the terms or conditions established here. If any provision of these Terms is declared null, invalid, unenforceable or illegal for any reason, it will not affect the validity of the remaining provisions, which will continue in full force and effect.
    10. Independence. The parties declare that they are bound by a commercial relationship, there being no relationship of director and agent, employer and employee, associates, or any similar relationship. Neither party may bind or obligate the other party.
    11. Continuity. The following sections: 8 (Third-Party Content and Services), 9 (SaaS Service Payment Terms), 10 (Subscription Cancellation), 11 (Your Use of the Products), 12 (Confidential Information), 14 (Intellectual Property), 15 (Image and Reputation), 16 (Disclaimer of Warranty), 17 (Indemnification), 19 (Limitation of Liability), and 21 (Miscellaneous) will survive the termination of these Terms.