Terms and Conditions

1. Purpose and information about the owner

These Terms and Conditions aim to comply with the duty of information about the owner, and establish the rules of use and operation of the application programming interface, software, tools, developer services, data, documentation and website www.198four.com (hereinafter the "Services"), whose owner is Black Mamba Corporation SRL (hereinafter "Black Mamba"), with tax identification number BE0756.678.489 and registered office at Avenue du Manoir 76A, 1410 Waterloo, Belgium.

Black Mamba is a limited liability company registered in the Annexes of the Moniteur Belge on October 20, 2020 under number 0349928.

Black Mamba Contact:
Email: contact@198four.com
Postal address: Avenue du Manoir 76A, 1410 Waterloo, Belgium

These Terms and Conditions of Services are established between Black Mamba and the entity that accepts them (the "Client") and govern the Client's access and use of the Services.

2. Use of the Services

The use of the Services implies total and unconditional acceptance of each and every condition contained in these Terms and Conditions, so the Client must be aware of the importance of reading them each time they access the Services. The act of accessing the Services implies knowledge and acceptance of the Terms and Conditions, therefore Black Mamba recommends reading them carefully each time you access the Services.

You agree not to use the Services in a manner that is illegal, harmful to the rights or interests of others, or in any way that violates these Terms and Conditions. Likewise, the Client guarantees not to perform actions that may damage the Services or prevent their continuity and proper functioning.

Important: The service is intended for website owners. If Black Mamba suspects that a client is requesting a service for a website that does not belong to them, Black Mamba may ask the client to provide evidence of ownership before proceeding with the service.

Only those websites that appear within the URL: https://198four.com/ are included within the Services.

3. Liability and warranties

Black Mamba cannot guarantee:

Although Black Mamba provides and maintains the Services with reasonable care, the accuracy and completeness of the functionality and data of the Services cannot be guaranteed. Black Mamba will make its best efforts to provide the Services; however, due to the inherent nature of technology and the Services, it cannot guarantee:

• The infallibility, availability, continuity, lack of deficiencies and security of the Services;
• That the content of the Services or the information passing through them is free from viruses or other harmful elements, as well as errors, omissions or inaccuracies; and
• The privacy and security of the Client's use of the Services. Consequently, the Client assumes all risks that may arise from the use of the Services.

The Services are provided "as is" and subject to availability. The Client acknowledges that complex software is never completely free from defects, errors and bugs; Black Mamba only guarantees the quality, functionality and availability of the Services if and to the extent that it explicitly declares so in writing.

Black Mamba makes no representations or warranties that the Services will function at all times without errors or interruptions or that the data and functionality of the Services will be available at all times. Nor does Black Mamba make any representation or warranty that any content or software that may be accessed through the Services will be error-free.

Limitation of Liability

In no event shall Black Mamba be liable for any loss, damage or injury of any kind arising from access to or use of the Services. Black Mamba shall not be liable for any damage that may be caused to Clients by improper use of these Services. In particular, Black Mamba shall not be liable in any way for telecommunications failures, interruptions, failures or defects that may occur.

Subject to any restrictions imposed by applicable law, in no event shall Black Mamba be liable for incidental, indirect or consequential damages of any kind (including, without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss). In any case, Black Mamba's total liability under any provision of these Terms and Conditions shall be limited to the amount received in consideration by Black Mamba for the Services under these Terms and Conditions.

You agree to defend Black Mamba from and against any claim or action arising from or relating to your possession, use, development or modification of the Services, including your Client Generated Content ("Claim") and shall fully indemnify and hold Black Mamba free from any loss, damage, cost (including all legal fees) and expenses as a result of or in connection with any Claim.

4. Payment

The Client may access a basic version of the Services free of charge. The free version is limited primarily in terms of usability and customization and other limitations.

The Client may purchase a subscription for full access to the Services, the price and features of which are configured at Black Mamba's discretion. To initiate a subscription, you must enter a valid bank account, Paypal address or credit/debit card.

At the end of the subscription period, the Client's subscription will automatically renew with the same payment terms and duration. The Client may upgrade their subscription at any time through their account dashboard features. When the Client upgrades their subscription, they will be billed at the price of their new subscription level.

The Client may cancel their subscription at any time, cancellation will take effect at the end of their current billing cycle. No refunds will be given for any portion of the current billing cycle paid after unsubscribing or cancellation.

All fees exclude all taxes, levies or duties imposed by tax authorities, and the Client shall be responsible for payment of all such taxes, levies or duties.

If the Client believes Black Mamba has billed them incorrectly, the Client must contact Black Mamba within 90 days of such charge. Any charges older than 90 days will not be refunded.

If the Client pays with a debit card and their payment results in an overdraft or other fee from their bank, the Client shall be solely responsible for such fee.

5. Information contained in the Services

The information appearing in the Services is current as of the date of its last update. Black Mamba reserves the right to update, modify or delete the Terms and Conditions without prior notice to the Client, so the Client should review them periodically.

Furthermore, Black Mamba reserves the right to make, at any time, as many changes and modifications as it deems appropriate, and may exercise such power at any time and without notice.

6. Information provided by the Client through the Services

6.1 Accuracy, truthfulness and legitimacy of information

In the event that the Client chooses to provide information to Black Mamba through the Services, the Client guarantees that they will provide current, accurate and truthful information.

If the Client provides information to Black Mamba on behalf of a third party, the Client guarantees that they have prior written consent from such third party.

You warrant that the information you provide to Black Mamba complies with all obligations set forth in these Terms and Conditions.

You must be 18 years of age or older and capable of complying with the Terms and Conditions to use the Services. If you are using the Services on behalf of another person or entity, you must have authority to accept the Terms and Conditions on their behalf.

6.2 Client Profiles

Where applicable, when registering for the Services the Client will select a username and password. Both the username and password are strictly confidential, personal and non-transferable.

The Client undertakes not to disclose data related to their account or make them accessible to third parties. The Client shall be solely responsible in case of use of such data by third parties.

Black Mamba cannot guarantee the identity of registered Clients and therefore will not be responsible for the use of a registered Client's identity by unregistered third parties. Clients are obligated to immediately notify Black Mamba of the theft, disclosure or loss of username or password by communicating it to the email address indicated in Clause 1 of these Terms and Conditions.

Password security: The client has the sole responsibility to keep the password used to access the website confidential and secure. It is essential that clients choose a password that is unique and not the same as those used for other online services. Black Mamba will not be responsible if clients ignore these instructions and an external attacker exploits passwords that have been exposed or published on third-party sites.

To complete registration for the Services, the Client must provide some information such as: username, email address, etc., once registration is complete, each Client may access their profile and complete and edit it and/or unsubscribe as they deem appropriate. If the Client cancels their account or Black Mamba cancels their account as set forth below, all their data will be immediately deleted from the Services. This information cannot be recovered once the Client's account is terminated.

Black Mamba reserves the right to refuse service to any person for any reason at any time. Black Mamba, at its sole discretion, reserves the right to suspend or terminate the Client's account and/or refuse any current or future use of the Services for any reason at any time. Without limiting other remedies, Black Mamba may issue warnings, temporarily or indefinitely suspend the Services, or terminate your account and/or refuse to provide the Services.

7. Content

Black Mamba makes every effort to avoid any errors in the content of the Services. However, Black Mamba shall not be responsible for the consequences that may arise from errors (actual or potential) in the content that may appear in the Services.

Nor shall Black Mamba be responsible in any way for any content, business activities, products and services included that may be displayed through electronic links, if any, and when there are any, directly or indirectly, through these Services.

Black Mamba reserves the right to prevent or prohibit access to the Services to any Client who introduces into these Services any illegal content that violates the rights or interests of third parties or that is contrary to these Terms and Conditions. Black Mamba in turn reserves the right to exercise legal measures it deems appropriate to prevent such conduct.

8. Links to pages owned by third parties

The presence of links to pages owned by third parties in Black Mamba's Services, unless expressly stated otherwise, is for informational purposes only and in no case implies a suggestion, invitation or recommendation about them. These links do not represent any type of relationship between Black Mamba and the companies or individuals who own the websites that can be accessed through these links.

Black Mamba reserves the right to remove at any time and without notice any link that may appear in its Services.

9. Security of the Services

The Services have been designed to support the following browsers: Safari, Microsoft Edge, Google Chrome and Mozilla Firefox. Black Mamba is not responsible for any damage, of any kind, that may be caused to Clients by the use of other browsers or different, outdated or earlier versions of the browsers mentioned for which the Services have been designed.

10. Intellectual Property, Content and Restrictions

10.1 Intellectual Property

The distinctive signs, designs, texts, images, illustrations, designs, icons, photographs, video clips, sound clips and other content found in the Services and any other intellectual creation and/or scientific and technical invention or discovery, whatever its commercial or industrial application (hereinafter referred to collectively as the "Content") are owned by Black Mamba or third parties.

The Client may not use the Content without the express written consent of Black Mamba or its legitimate owner, obtaining only authorization to view the Content by browsing the Services.

Clients who access the Services may view the information contained therein and make downloads or private reproductions on their computer system, provided that the reproduced elements are not subsequently transferred to third parties or installed on a server connected to the Internet or a local network.

Notwithstanding the provisions of these Terms and Conditions, reproduction, distribution, public communication, transformation, making available or any other form of exploitation of the Content is not permitted without prior written authorization from Black Mamba or its legitimate owner.

10.2 Black Mamba Content Policy

In using the Services, the Client must adhere - and commit to ensuring that third parties do so under their responsibility - to Black Mamba's Content Policy. In addition to the above, the Client guarantees to know and respect the content policies of OpenAI and Google Cloud in their use of the Services, which are included in Black Mamba's Content Policy:

• It is prohibited to use the Services to distribute viruses, worms, Trojans, corrupt files, hoaxes or other elements of a destructive or deceptive nature;
• It is prohibited to gain unauthorized access, disrupt or harm the use of the Services, or the equipment used to operate the Services, by clients, resellers or other authorized customers;
• It is prohibited to disable, interfere with or circumvent any aspect of the Services, software or equipment used to provide the Services;
• It is prohibited to generate, distribute, publish or facilitate unsolicited bulk email, promotions, advertisements or other solicitations ("spam").

When sharing your Client Generated Content, you must proactively disclose AI participation in your content, without deceiving third parties about the nature of the content: for example, you cannot claim that the work was entirely human-generated or that it is an unaltered photograph of an actual event.

The Client understands that all content they enter, post, transmit, stream or upload to the Services is done at their sole responsibility. This means that you, and not Black Mamba, are solely responsible for all data you enter, upload, post, transmit or otherwise make available through the Services. Black Mamba reserves the right to withdraw, deny or suspend access to the Services without prior notice to Clients who do not comply with its Content Policy and/or these Terms and Conditions.

11. Data Protection

The Client may consult the Privacy Policy and privacy notices of the Services to learn what type of information is collected and the measures to protect their personal data.

12. Jurisdiction and Applicable Law

These Terms and Conditions are governed by Belgian law. Both Black Mamba and clients of the Services agree that any dispute that may arise regarding the interpretation, performance or execution of these Terms and Conditions will be expressly submitted to the jurisdiction of the competent Judges and Courts of the city of Brussels, expressly waiving any other jurisdiction to which they may be entitled.

Notwithstanding the foregoing, in the event that the Client is a consumer with habitual residence in a member state of the European Union, the laws of that country will apply to any dispute or litigation. Such Client may also resolve the claim before any competent court of the country that has jurisdiction.

Contact information

Black Mamba Corporation SRL
Avenue du Manoir 76A, 1410 Waterloo, Belgium
Tax identification number: BE0756.678.489
Email: contact@198four.com