1. Introduction

1.1

Welcome to IMBA Dynamics ("Company," "we," "us," or "our"). These Terms of Service (the "Terms") govern your access to and use of our website, products, and services (collectively, the "Service"). By accessing our website or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1.2

If you do not agree to any of these Terms, please discontinue use of our Service immediately.

2. Definitions

• 2.1 "Service" refers to any and all products, software, and services made available by IMBA Dynamics, including those provided through our website or other platforms.
• 2.2 "User," "You," or "Your" refers to the individual or entity accessing or using the Service.
• 2.3 "IMBA Dynamics," "We," "Us," or "Our" refers to IMBA Dynamics Ltd, a limited company registered in the United Kingdom.
• 2.4 "Agreement" refers collectively to these Terms of Service, our Privacy Policy, and any other legal notices or guidelines posted on our website or provided to you in connection with the Service.

3. Service Usage

3.1 Eligibility

You must be at least 18 years of age (or the age of majority in your jurisdiction) to use our Service. By using our Service, you represent and warrant that you meet this requirement.

3.2 User Obligations

• You agree to provide accurate, current, and complete information when creating an account or otherwise interacting with the Service.
• You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• You agree not to use the Service for any unlawful, deceptive, or fraudulent purpose.

3.3 Prohibited Activities

You shall not:

• Engage in any activity that disrupts or interferes with the Service's functionality or associated networks.
• Attempt to gain unauthorized access to the Service, other user accounts, or computer systems or networks connected to the Service by any means.
• Upload or transmit any content that is unlawful, harmful, threatening, abusive, defamatory, vulgar, obscene, or invasive of another's privacy.
• Use the Service to infringe upon or violate the intellectual property rights or any other rights of others.

4. Intellectual Property

4.1 Ownership

All content, features, and functionalities available through the Service—including but not limited to software, code, text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations—are owned or licensed by IMBA Dynamics and are protected by international copyright, trademark, trade secret, and other intellectual property laws.

4.2 User Licence

Subject to your compliance with these Terms, IMBA Dynamics grants you a limited, non-exclusive, non-transferable, and revocable licence to access and use the Service for your internal business or personal use. You may not:

• Modify, copy, reproduce, create derivative works from, republish, upload, post, transmit, or distribute any content available through the Service without our prior written consent.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software component.

5. Data Usage & Privacy

5.1 Privacy Policy

Our collection, use, and disclosure of personal data, including data you submit or that we automatically collect, is governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Service, you consent to our data practices as outlined in our Privacy Policy.

5.2 User Data

• You retain ownership of any data or content you provide to us ("User Data").
• By submitting User Data, you grant us a worldwide, non-exclusive, royalty-free licence to store, process, and otherwise use such data for the purpose of providing and improving the Service, in accordance with our Privacy Policy.

5.3 Anonymized Data

We may use aggregate or anonymized data derived from your use of the Service for research, analytics, and product development, provided that such data cannot be used to identify you or your end users.

6. Payment Terms

6.1 Fees & Pricing

Fees for our Service are as quoted on our website or otherwise communicated to you. All prices are subject to change upon notice. We will notify you of any pricing changes via email or by posting updated fees on our website.

6.2 Billing & Payment

• You agree to pay all fees or charges to your account in accordance with the applicable payment terms presented to you at the time of purchase.
• Payments are due at the time indicated in your invoice or order summary.
• We reserve the right to suspend or terminate access to the Service if you fail to pay any applicable fees when due.

6.3 Refunds

All payments are non-refundable unless expressly stated otherwise in a written agreement or required by applicable law.

7. Termination

7.1 Termination by IMBA Dynamics

We reserve the right, at our sole discretion, to suspend or terminate your access to the Service at any time and for any reason, including but not limited to a breach of these Terms.

7.2 Termination by User

You may terminate your use of the Service at any time by contacting us or by ceasing to access the Service. Termination does not entitle you to a refund of any prepaid fees unless expressly stated in a separate agreement or required by law.

7.3 Effect of Termination

Upon termination, all licences and rights granted to you under these Terms will immediately cease, and you agree to discontinue all use of the Service. Any outstanding fees or charges incurred before termination remain payable.

8. Limitation of Liability

8.1 Disclaimer of Warranties

• The Service is provided on an "as is" and "as available" basis.
• We make no representations or warranties of any kind, express or implied, regarding the reliability, accuracy, or completeness of the Service.
• To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title.

8.2 Exclusion of Damages

Under no circumstances shall IMBA Dynamics or its officers, directors, employees, or agents be liable for any indirect, incidental, special, punitive, or consequential damages, including (but not limited to) loss of profits, data, use, goodwill, or other intangible losses resulting from:

• Your access to or use of, or inability to access or use, the Service;
• Any conduct or content of any third party on or related to the Service;
• Unauthorised access, use, or alteration of your content or data.

8.3 Maximum Liability

In no event shall our aggregate liability for all claims relating to the Service exceed the amounts paid by you to IMBA Dynamics during the twelve (12) months immediately preceding the event giving rise to the claim (or £100 if no such payments have been made).

8.4 Jurisdictional Restrictions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

9. Changes to Terms

9.1 Modifications

IMBA Dynamics reserves the right to modify or replace these Terms at any time. If a revision is material, we will provide reasonable notice by posting the updated Terms on our website or by emailing you. The "Last Updated" date at the top indicates when these Terms were last revised.

9.2 Acceptance of Modifications

Your continued use of the Service after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree with the modified Terms, your sole and exclusive remedy is to discontinue use of the Service.

10. Governing Law & Dispute Resolution

10.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

10.2 Jurisdiction

You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or relating to these Terms or the Service.

11. Miscellaneous Provisions

11.1 Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms arising out of or caused by events beyond our reasonable control, including (but not limited to) natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network failures, strikes, or shortages.

11.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

11.3 No Waiver

No failure or delay by us in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any other or further exercise of that right or the exercise of any other right.

11.4 Entire Agreement

These Terms, together with any other legal notices or agreements explicitly referenced herein, constitute the entire agreement between you and IMBA Dynamics regarding your use of the Service and supersede all prior or contemporaneous written or oral agreements.

11.5 Assignment

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms at any time without notice or your consent.

12. Contact Information

If you have any questions or concerns about these Terms of Service, or if you wish to terminate your use of our Service, please contact us at:

Email: contact@imba-dynamics.com
Phone: +placeholder
Address: Blackbox, Wilmslow, United Kingdom