Terms of Use

Saburati is a localized learning ecosystem brought to you by Baytelm Limited (“Baytelm,” “we,” or “us”). This page explains the terms by which you may use our website (the “Site”). By accessing or using the Site, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection, use and disclosure of your information as set forth in Baytelm’s Privacy Policy, whether or not you are a registered user of our Site.

This Agreement applies to all visitors, users, and others who access the Site (“Users”), including without limitation providers of educational services, such as schools, school districts, teachers, and authorized school users and administrators, students, parents and guardians.

It is important to us that this Site provides a helpful and reliable experience to Users. To protect our rights and yours, we have prepared these Terms of Use that apply to all visitors to this Site. If you have any questions concerning the Terms of Use, please Contact Us.

Baytelm Limited reserves the right to make unilateral modifications to these terms. Modifications are effective upon posting and your continued use of the Site following the posting of modifications to this Agreement will indicate your acceptance of such revisions.

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This Agreement is a contract between you and Baytelm. You must read and agree to these terms before using the Site. If you do not agree, you may not use the Site. You may use the Site only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Site by anyone under 13 is strictly prohibited and in violation of this Agreement and if you are below the age of majority in your jurisdiction, you may only use this Site with the express written authorization of your parent or other legal guardian.

• Payment: Unless specified otherwise, Subscription Fees shall be due and payable in full at the time of purchase. Baytelm Limited will invoice Users in advance for the monthly charge or annual charge, as applicable according to the order form. For ‘Pay as You Go’ features, Service is billed in advance by purchasing credits which are non-refundable. Users will pay all fees in the currency stated in the invoice. Payments made via wire transfer must include the bank information provided by Baytelm Limited Limited. In the case of non-payment or delinquent payment of any Subscription Fees, Baytelm Limited Limited may, at its sole discretion: (i) suspend Customer access to the Services; (ii) terminate this Agreement; or (iii) continue to provide the Services, for a period solely determined by Baytelm Limited in anticipation of full and prompt payment by the Customer. Any amount which is unpaid when due shall be subject to interest equal to the lower of 1.5% per month or the highest applicable legal rate. Baytelm Limited shall be entitled to reimbursement for any costs associated with the collection of any past-due balance.

• Price Revisions: Baytelm Limited may change the prices at any time unless otherwise expressly agreed in the order form. Baytelm Limited will notify Users at least one-week in advance of any changes. User's pricing will change at the beginning of User’s next order term after the one-week period.

• Downgrades Prohibited: You may not downgrade your Subscription or reduce the number of Users during any subscription period. If you desire to downgrade your Subscription or reduce the number of users under any plan for a subsequent subscription period, you must provide Baytelm Limited with a sixty (60) day written notice prior to the end of your current subscription period. Downgrading your subscription may cause loss of content, features, or capacity of the Service, and Baytelm Limited is not responsible for such loss.

• Taxes: You are responsible for paying all other taxes assessed in connection with your Subscription. Unless otherwise stated with respect to terms and conditions for a specific Subscription, all stated prices are exclusive of any taxes, fees, and duties or other amounts, however designated, and including without limitation value added and withholding taxes that are levied or based upon such charges, or upon this Agreement. We will invoice you for such Taxes if we believe we have a legal obligation to do so unless you present an exemption certificate acceptable to the taxing authorities. You will not be liable for taxes imposed on Baytelm Limited based on Baytelm’s income.

User License

Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-exclusive, non-transferable, freely revocable license to use the Site for your personal, non-commercial use only and as permitted by the features of the Site. Baytelm Limited may terminate this license at any time for any reason or no reason.

You agree not to engage in any of the following prohibited activities:

Copy, distribute, or disclose any part of the Site
Interfere with and/or interrupting the proper working of the Site
Bypass the measures we may use to prevent or restrict access to the Site
Use any automated system, including without limitation ‘robots’, ‘spiders’, ‘offline readers’
Upload invalid data, viruses, worms, or other software agents through the Site
Transmit spam, chain letters, or other unsolicited email
Collect any personally identifiable information, including account names, from the Site
Compromise the system integrity or security
Decipher any transmissions to or from the servers running the Site
Take any action that imposes an unreasonable large load on our infrastructure
Access any content on the Site through any technology or means other than those provided or authorized by the Site

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Customer Data

The Customer and its licensors own the Customer Data, including all Intellectual Property Rights therein. No ownership rights in the Customer Data are transferred to Baytelm Limited by this Agreement. The Customer hereby grants Baytelm Limited a worldwide, non-exclusive, irrevocable, royalty-free, fully-paid, sublicensable (to Baytelm’s third-party service providers) license to host, store, transfer, display, perform, reproduce, modify, create derivative works of, and distribute Customer Data in connection with its provision of the Services to the Customer. Upon the conclusion of the contractual relationship, the Customer shall have the option to formally request the exportation of their data in its primitive form. It is hereby expressly stipulated that Baytelm Limited bears no obligation, whether implicit or explicit, to perform any modification, integration, cleansing, or transformation whatsoever to the aforementioned data prior to, during, or subsequent to its exportation.

Ownership by Baytelm

Baytelm Limited and its licensors retain all right, title, interest and ownership of the Services, Documentation, API, Usage Data, Baytelm’s websites, and all deliverables created by Baytelm Limited and delivered to the Customer, including all Intellectual Property Rights therein (the “Baytelm Limited IP”). No ownership rights in the Baytelm Limited IP are transferred to the Customer by this Agreement. Customer does not have any rights in or to the Baytelm Limited IP except for the limited express rights granted in this Agreement.

Feedback. If the Customer provides Baytelm Limited feedback, comments, or suggestions concerning the Services (collectively, “Feedback”), the Customer hereby assigns to Baytelm Limited all rights, title, and interest in and to the Feedback, and Baytelm Limited is free to use the Feedback without payment, attribution, or restriction.
Usage Data. Baytelm Limited may (i) collect, analyze and otherwise process Usage Data internally for its business purposes, including for the purposes of security and analytics, to improve and enhance the Services, or for other development, diagnostic and corrective purposes in connection with the Services or other Baytelm Limited products or services, and (ii) disclose Usage Data only in an aggregated and/or de-identified form in connection with its business in a manner that does not identify the Customer or any of its Users.

Our Proprietary Rights

The Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Saburati Content”). and all Intellectual Property Rights related thereto, are the exclusive property of Baytelm Limited and its licensors. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Saburati Content.

Baytelm Limited always welcomes suggestions and comments regarding this Site from Users. You may choose to or we may invite you to submit suggestions or comments about the Site. Any comments or suggestions (the “Ideas”) submitted to this Site or Baytelm, either online or offline, will become Baytelm’s property upon their submission. We are free to use submitted ideas without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

Privacy

We care about the privacy of our Users. You understand that by using the Sites you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy.

Security

Baytelm Limited cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Indemnity

You agree to defend, indemnify and hold harmless Baytelm Limited and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that you submit to us including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Site with your unique username, password or other appropriate security code.

Disclaimer of Warranties

The Site is provided on an “as is” and “as available” basis. Use of the Site is at your own risk. Baytelm Limited expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Baytelm Limited or through the Site will create any warranty not expressly stated herein.

Without limiting the foregoing, Baytelm, its subsidiaries, its affiliates, and its licensors do not warrant that (i) this site will meet your requirements; (ii) this site will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of this site will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through this site will meet your expectations; (v) any errors or defects in this site will be corrected; (vi) the Site is free of viruses or other harmful components.

Any material uploaded/downloaded or otherwise obtained, from this site is done at your own discretion and risk; Baytelm Limited shall not be liable, and you will be solely responsible, for any and all loss, or corruption, of data uploaded or inputted by you through the use of this site, and all servicing, repair, or correction and any damage to your hardware and software that may result from the use of this site.

Limitation of Liabilities

In no event shall Baytelm Limited be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, damages for loss of profits, goodwill, use or data, or other intangible losses (even if advised of the possibility of such damages), resulting from: (i) the loss of data and/or the use or the inability to use this site; (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 this site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on this site; or (v) any other matter relating to this site.

In no event shall Baytelm, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Baytelm Limited in the twelve months preceding the incident or $100.00, whichever is greater. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Baytelm Limited has been advised of the possibility of such damage.

Beta Services and Free Trials

This Section describes the additional terms and conditions under which you may access and use certain features, technologies, and services made available to you by Baytelm Limited that are not yet generally available, including, but not limited to, any products, services, or features designated or labeled as “alpha,” “beta,” “early access,” “preview,” “pilot,” or similar designation (each, a “Beta Service”).

Beta Terms. You must comply with all terms related to any Beta Service that Baytelm Limited posts on its website or provides to you. Baytelm Limited may add or modify terms, including lowering or raising any usage limits, related to access to or use of any Beta Service at any time. Service Level Agreements do not apply to Beta Services.
Beta Feedback. You may provide Baytelm Limited with feedback relating to the Beta Services. Baytelm Limited will own and may use and evaluate all feedback for its own purposes.
Termination and Suspension of Beta. Baytelm Limited may suspend or terminate your access to or use of any Beta Service at any time. Your access to and use of each Beta Service will automatically terminate upon the release of a generally available version of the applicable Beta Service or upon notice of termination by Baytelm.
Free Trials. If you register for a free trial, we will make the Services available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period; (b) the start date of any Subscription; or (c) termination of the trial by us. Free trials are for evaluation purposes only. We may terminate your free trial at any time at our sole discretion.

WITHOUT LIMITING ANY DISCLAIMERS IN THE AGREEMENT, BETA SERVICES ARE NOT READY FOR GENERAL COMMERCIAL RELEASE, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, Baytelm Limited PROVIDES BETA SERVICES “AS IS.” Baytelm Limited MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING BETA SERVICES, INCLUDING ANY WARRANTY THAT THE BETA SERVICES WILL BECOME GENERALLY AVAILABLE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, Baytelm Limited DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Digital Millennium Copyright Act Compliance

If you have any copyright concerns about any materials posted on this site (”Saburati”) by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512). Unless otherwise stated in any specific DMCA designation provided by Baytelm, please provide us with written notice (“Notice”) by contacting us at the following address:

Baytelm LimitedKings Road's Tower, Jeddah, Saudi Arabia, support@baytelm.com

Entire Agreement

This Agreement, together with any amendments and any additional agreements you may enter into with Baytelm Limited in connection with the Site, shall constitute the entire agreement between you and Baytelm Limited concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Baytelm’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

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