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These Terms and Conditions (“Terms”) govern the access to and use of the website and services provided by Numberplex (Private) Limited, a company incorporated in Sri Lanka bearing registration number PV 00326801 and having its registered office at No. 222, Mabodala, Veyangoda (“NumberPlex”, “the Company”, “we”, “our” or “us”) through www.nmbplx.com (the “Website”).
By accessing or using the Website or any services provided through the Website (the “Services”), you (“Client”, “User” or “you”) agree to be legally bound by these Terms. If you do not agree with these Terms, you must not access or use the Website or the Services.
I.Notice of Changes: If a revision is material (as determined by us in good faith), we will provide at least 15 days’ notice before the new terms take effect. Notice will be given by:
a.an email sent to the address associated with your account;
b.a prominent notice or banner on the homepage or login screen of the Website; or
c.a change to the “Last Updated” date at the top of these Terms.
II.By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Website and the Services immediately.
III.Users may request previous versions of these Terms by contacting info@nmbplx.com.
I.All Services, insights and data provided by NumberPlex are intended solely for informational and reference purposes. The Client acknowledges that any actions or business decisions taken on the basis of these insights are made at its sole discretion and risk.
II.All Services, insights and data are provided on an “as is” and “as available” basis. While data is collected from various reputable sources, NumberPlex holds no responsibility for the accuracy, completeness or timeliness of the raw data used to process information. NumberPlex assumes no liability for any direct, indirect or consequential losses resulting from the Client’s reliance on the information provided.
III.Under no circumstances shall NumberPlex be liable for any financial losses, damages or costs incurred by the Client as a result of decisions made on the basis of the insights provided.
IV.Subject to clause 10, all service fees are final. No refunds or reimbursements will be issued for losses resulting from the Client’s interpretation or application of our Services.
I.Users may request that specific information or services be delivered through their account dashboard (“Login”). However, NumberPlex reserves the absolute right to determine the availability, scope and distribution of all information and Services.
II.We reserve the right to send any information or notices to any User, as we consider necessary, through his or her Login.
III.No User is entitled to exclusive or limited access to specific information unless otherwise agreed in a separate written contract.
IV.Each Login is for a single User only. Password sharing is strictly prohibited.
V.The Client and its Nominated Officers are solely responsible for maintaining the confidentiality of passwords and account credentials.
VI.The Client must notify NumberPlex immediately if it suspects a security breach or unauthorised access.
VII.NumberPlex holds no responsibility for the loss of data or Services due to errors or failures originating from the Client’s end, and has no obligation to retrieve or redeliver lost data in such instances.
VIII.NumberPlex reserves the right to use anonymised and aggregated data derived from Client usage, which does not identify any individual, to improve algorithms, develop new features or publish industry benchmarks.
I.All user Logins and credentials remain the exclusive property of NumberPlex. The Client is responsible for the use of, and all activity on, all user accounts.
II.The Client assumes sole responsibility for notifying NumberPlex immediately in writing of any necessary changes to user access, account deletion or account removal, including the removal of Nominated Officers or the termination of their employment.
III.Until NumberPlex receives written notice to terminate or modify a specific Login, we shall consider all active Logins to be authorised by and acting on behalf of the Client, and will continue to provide Services to all existing Logins until such written notice is processed.
IV.We hold no responsibility for any loss of data, business, financial loss or any other loss suffered by the Client in the event of a failure to notify us in writing of any necessary changes to user access, account deletions, account removals, the removal of Nominated Officers or the termination of their employment.
V.NumberPlex shall not be held liable for any data breaches, information leakage or unauthorised use of the Services resulting from the Client’s failure to manage user Logins, secure passwords or give timely notice of personnel changes.
I.All user Logins associated with the Client’s account are deemed active and billable from the moment of creation. A user Login shall remain active, and the Client will continue to be billed for it, until NumberPlex receives a formal request for its deactivation or deletion in writing, or until it is deleted in accordance with clause 9(III).
II.Subject to clause 10, all service fees are final and shall include any applicable taxes. No refunds or reimbursements will be issued for partial months, inactivity, or losses resulting from the Client’s application of the Services.
III.Billing Cycle: The billing cycle is monthly and takes effect on the first day of each calendar month.
I.Upgrades (moving to a higher tier):
i.Requests to upgrade a subscription package will be processed immediately.
ii.Upon upgrading, the Client will be charged a pro rated amount for the remainder of the current billing cycle, reflecting the price difference between the previous and the new tier.
iii.Enhanced features and additional user seats associated with the higher tier will be unlocked immediately upon successful payment of the upgrade fee.
II.Downgrades (moving to a lower tier): Requests to downgrade a subscription package will take effect on the first day of the following monthly billing cycle.
III.No Mid Cycle Refunds: Subject to clause 10, NumberPlex does not provide refunds or credits for the price difference if a downgrade is requested during a billing cycle. The Client will keep access to the higher tier features until the end of the current paid month.
IV.Data and Feature Loss: The Client acknowledges that downgrading may result in the loss of certain features, data capacity or user Logins. NumberPlex assumes no liability for any loss of information or service utility resulting from a downgrade initiated by the Client.
V.Billing Authorisation: By initiating a package change, the Client authorises NumberPlex to charge the primary payment method on file automatically for the adjusted fees as set out above.
I.A Login remains active until NumberPlex receives a formal request for its deactivation in writing. The Client is responsible for ensuring that any request to terminate a Login has been received and acknowledged by NumberPlex.
II.Inactivity or lack of usage does not amount to deactivation. Fees will continue to accrue for all active Logins regardless of actual usage until the written notice is processed.
III.A User may also delete his or her own Login through the account settings of the Website. Such deletion shall be treated as written notice for the purposes of these Terms.
I.This clause applies only to a User who is an individual resident in the European Union or the United Kingdom and who subscribes for purposes outside his or her trade, business or profession.
II.Such a User may have a right under the law of his or her country to cancel a subscription within fourteen (14) days of purchase.
III.When subscribing, such a User will be asked to request that access to the Services begins immediately, and to acknowledge that the right to cancel will be lost once access to the content of the Services has been provided. Where the User gives that request and acknowledgement, the right to cancel shall end when such access is provided, to the extent permitted by the applicable law.
IV.Where the right to cancel is validly exercised, NumberPlex will refund the fees paid, less any amount which the applicable law permits NumberPlex to retain for the Services provided up to the date of cancellation.
I.Ownership of Content: All Services, data, insights, reports and information delivered to the Client are the exclusive property and intellectual property of NumberPlex, and all such deliverables are deemed a proprietary product of NumberPlex.
II.NumberPlex owns all rights, title and interest in the software, the look and feel of the dashboard, the algorithms, databases, reports, user interface, design and the specific presentation of insights, and the proprietary analytics models.
III.Users are expressly prohibited from attempting to reverse engineer, decompile or discover the underlying code or algorithms of the Services.
IV.The User is granted a limited, non exclusive, non transferable and revocable licence to access and use the Services for internal business purposes only.
(i)the Client’s use or misuse of the Services;
(ii)any violation of these Terms;
(iii)any infringement of third party rights; or
(iv)any decisions or actions taken on the basis of information obtained through the Services.
(i)reverse engineering, decompiling or attempting to extract source code from the platform, or copying, reproducing, sharing, distributing or publishing any information or services provided by NumberPlex to any third party;
(ii)changing, modifying or distorting any information or data delivered through the Services;
(iii)providing or selling the Services or information to any other party for any purpose, commercial or otherwise;
(iv)reselling, sublicensing or commercially exploiting the Services without written permission; and
(v)modifying, manipulating or misrepresenting any information obtained through the Services.
Any violation of this clause shall constitute a material breach of these Terms.(i)keep all Confidential Information strictly confidential;
(ii)use such information solely for the purpose of using the Services; and
(iii)not disclose such information to any third party without the prior written consent of the Company.
This obligation shall survive the termination of these Terms.(i)violate any applicable law or regulation;
(ii)transmit harmful code, malware or viruses;
(iii)attempt to gain unauthorised access to the platform;
(iv)interfere with the operation or security of the system; or
(v)use automated systems such as bots or scrapers without authorisation.
Violation of this clause may result in immediate suspension or termination of the account.(a)The Company may immediately terminate or suspend the Services or access, or delete any or all user accounts, without prior notice or liability, if the Client fails to pay the applicable fees or engages in any activity that may harm the integrity, security or reputation of the platform, including but not limited to fraud, password sharing or any breach of these Terms. The Company further reserves the right to seek legal remedies for any infringement of its intellectual property.
(b)Upon termination, all licences granted under these Terms shall immediately cease.
(c)NumberPlex shall not be responsible or liable for any loss of information, loss of business or financial loss suffered by the Client or any third party as a result of the termination of the Services due to a breach of these Terms.
(d)Upon termination, personal data relating to the Client’s account will be kept or deleted in accordance with the Privacy Policy.
(i)merchantability;
(ii)fitness for a particular purpose;
(iii)non infringement; and
(iv)uninterrupted or error free service.
(i)Intellectual Property (clause 11);
(ii)Limitation of Liability (clause 12);
(iii)Indemnification (clause 13);
(iv)Confidentiality (clause 16); and
(v)Governing Law and Jurisdiction (clause 29).