Account Terms

• You must be 13 years or older to use this Service.
• You must be a human. Accounts registered by “bots” or other automated methods are not permitted and will be removed.
• You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
• Your login name may only be used by one person – a single login shared by multiple people is not permitted. Inside your account you may create separate logins for as many people as you'd like.
• You are responsible for maintaining the security of your account, login and passwords as well as managing your users and their passwords. The Provider cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have logins under your account).
• One person or legal entity may not maintain more than one free account (defined as account using a plan that doesn't require payments).
• You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Modifications to the Service and Prices

• The Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
• Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Banana Scrum home page or through anouncements posted within the Service itself.
• The Provider shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
• By using the Service with a free plan you consent to receive marketing e-mails and/or notices in the System from the Provider, its subsidiaries and partners.
• By using the Service you consent that admin logins will receive notifications to their e-mail addresses and other communication from the Provider related to the Service.
• Due to legal obligations in the Provider's jurisdiction you are obliged to inform the Provider during the signup process for paid plans about your location (assumed to be same as your tax residency) and whether the account will be used by a private person or a company. By signing up for the paid service you declare that this information provided by you is correct and accurate. Depending on your location and status as provided in during the signup process VAT tax will or will not be charged by the Provider on top of the base prices stated in the price list and elsewhere on this site or inside the Service.

Copyright and Content Ownership

• We claim no intellectual property rights over the material you provide to the Service. Your account and materials uploaded remain yours. However, by creating user logins within your account you agree to allow others to view and share your Content.
• The Provider does not pre-screen Content, nor analyze the Content associated with user accounts but the Provider and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
• Since the Provider doesn't analyze the Content associated with user accounts the Provider can't be held liable for developing products, systems and ideas simmilar to those expressed in said Content. You understand that uploading your Content to the Service is not creating any kind of non-disclosure obligation between the Provider and you.
• The look and feel of the Service is copyright ©2007-10 Code Sprinters Sp. z.o.o. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from the Provider.

General Conditions

• Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis, though Provider does everything within his means to ensure constant availability of the Service.
• Technical support is only provided to paying account holders and is only available via email and Skype. Free account users can however post their problems to be solved on the public support forum.
• You understand that the Provider uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
• You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, the Provider, its brand names, or any other service provided by the Provider.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Provider.
• We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
• Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Provider's customer, employee, member, or officer will result in immediate account termination.
• You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
• You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
• You must not transmit any worms or viruses or any code of a destructive nature.
• If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage of other Banana Scrum customers (as determined solely by the Provider), we reserve the right to immediately disable your account or throttle your file hosting or LiveSync functionality until you can reduce your bandwidth consumption.
• The Provider does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
• You expressly understand and agree that the Provider shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Code Sprinters Sp. z.o.o. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
• The failure of the Provider to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Code Sprinters Sp. z.o.o. and governs your use of the Service, superceding any prior agreements between you and Code Sprinters Sp. z.o.o. (including, but not limited to, any prior versions of the Terms of Service).
• Questions about the Terms of Service should be sent to info at bananascrum dot com.