Terms and Conditions

a) This document defines the Terms and Conditions of a legal contract between Onedb Service Delivery Limited (Seller/Provider/Licensor/We) and any Organization or Individual (Buyer/User/Licensee/Customer/You) that uses or benefits from Anybuild Platform (Anybuild/Platform/System) or that has Requested or Ordered or Purchased Services from the Seller such as access to Anybuild Platform or Development Services from the Seller.

b) Onedb Service Delivery Limited is a subsidiary of Onedb Online Limited, Other companies owned by the same Parent company are Related Companies, sometimes the generic term - Onedb Group may be use to refer to any related company including the Parent Company. 

c)  Anybuild is a No-Code Business Software Platform which enables Business Applications to be built without having to write code.

d) For advanced Users Anybuild offers a Code view as an alternative to design view offering an alternative method for creating functionality.

e) Anybuild is typically delivered using a SAAS (Software as a Service Model) over the Internet, if for any reason Anybuild is supplied locally using an On-Premise model then these terms shall still apply.

f) Anybuild typically runs on Virtual Servers provided by a PAAS (Platform as a Service) Provider such as AWS (Amazon Web Services) or similar however Anybuild may also be hosted on physical servers rented or owned by the Seller or the Buyer.

g) Each Buyer is assigned a separate logical Container / Instance / Environment which contains their data including configurations, customizations and Customer Applications. 

h) These Terms Govern any usage or interaction with Anybuild by the Buyer or by any Authorized Users that the Buyer may introduce or authorize or invite or allow to use Anybuild.

i) Authorized Users such as Employees or Contractors of the Buyer are Users that may create new Anybuild components such as Entities and Views or UI and change existing (non-system) Components.

j) Public Users or End Users who do not have any ability to configure or change Anybuild are not governed by the Terms of this contract provided that the Buyer has followed reasonable security practices such as: keeping Authorized User names and passwords secret. Public Users may only view data and may only enter transaction data such as Sales Orders, they may only enter configuration data that applies directly to their own user profile such as Display preferences.

k) These Terms also apply to any Services or Software Products that may be provided by the Seller or by any Related Parties of the Seller such as Related Companies or Employees or Contractors of the Seller.

l) These Terms also apply to any Free Trials or Demo Systems of Anybuild even if no payment is made by the Buyer this contract is still valid because the Seller receives consideration in the form of user feedback or real-world exposure which helps the Seller to improve the System.

m) These Terms do not Apply to any third party websites or services providers such as Payment Processors or Messaging Applications. Anybuild may provide API (Application Programming Interface) links or integrations to such services for the convenience of the User, the User must agree to the Terms of Service of the third party provider before utilising such services.

n) These terms cover any kind of access or interaction or integration with Anybuild including from Websites, Mobile Applications, Desktop Applications, Server Programs and APIs.

a) Subject to these Terms The Seller grants the Buyer a non-exclusive, non-transferable, non-sublicensable, limited and revocable license to: access and use the functionality of the Platform to build, host and manage Websites or Applications or Software Services.

b) This Licence is granted for the duration of the Subscription term or the Free Trial Period.

c) The Subscription Term automatically renews unless notice of termination is received - see Termination below.

d) If the Seller Allows continued access to Anybuild outside of a valid subscription term, such as when the Buyer has not paid, then these Terms and this Licence shall still Apply during such period until access is terminated.

e) The Buyer may not copy or reverse engineer any Anybuild source code obtained from code view or by any method that was created by the Seller or Partners of the Seller or Customers of the seller other than the Buyer.

a) Anybuild Platform enables Partners to create additional functionality which may be sold as Partner Apps via the Anybuild Store. Partner Apps may have additional Terms or License requirements which the User should read. Partner Apps will still be subject to the base Terms defined here.

b) Partners or Anybuild VARs (Value Added Resellers) who develop Anybuild Apps are required to meet minimum standards of competence set by the Seller. Partners are subject to these Terms and they must also agree to a separate Partner Contract because they have additional obligations and because they may receive benefits such as Revenue margin. In the rare case that there is conflict between these Terms and Partner Terms then these terms will take priority.

c) Each Partner App must be Approved by the Seller before it is made available on the Partner Store. The Seller will use its best endeavours to verify that the functionality of Partner Apps matches their advertised description and to ensure that minimum quality standards are met so as not to damage the long term reputation or brand of Anybuild.

a) The Buyer must enter valid details such as Company Name and Address and Contact information when creating an Anybuild Account All Users must be associated with an Account.

b) The Buyer is responsible for managing Authorized Users of this account including ensuring that Access Credentials are kept secret and that such users are aware of the Terms of this contract and that they abide by such Terms.

c) Anybuild supports log-in using two-factor authentication (2FA) this improves security significantly and is recommended by the Seller.

d) The Buyer is responsible for ensuring that Anybuild is only used for purposes that are legal within the jurisdiction that Anybuild is made available to any kind of User. This includes having procedures in place to verify user details such as age restrictions e.g. Restricting the Sale of Alcohol to Adult Public Users.

e) The Seller may also prohibit the usage of Anybuild for managing Activities it considers to be unethical or that may damage the reputation of Anybuild e.g. Sending Spam email, Pornography, False Advertising.

f) The Buyer is responsible for any Compliance or Reporting requirements associated with any activities or data they manage or store on Anybuild. e.g. Tax Reporting or Data Privacy Rules.

g) The Buyer agrees to indemnify The Seller against any costs that the Seller might incur as a result of illegal activity performed or illegal data stored on Anybuild within a Anybuild Website or Application associated with the Buyers Account.

a) The Seller is NOT responsible for any Damages or Consequential Loss that the Buyer may suffer or incur as a result of using Anybuild for any purposes and for any reason including system outages or business logic errors. e.g. if Anybuild is unavailable because of a system outage caused by its PAAS provider then the Seller will not have any liability towards the Buyer for Losses incurred by the Buyer such as missed sales resulting from this outage. 

b) The Seller will ONLY be responsible for direct losses i.e. the Seller will only reimburse the Buyer for time lost in direct proportion to the cost of such time. e.g. If the Buyer has Paid the Seller £730 for 1 month of Anybuild usage = 730 hours and Anybuild suffered 1 hour of system outage during this period then The Seller will reimburse £1 to the Buyer.

c) The Seller has a strong incentive to minimise errors and disruption to its customers in order to protect the Anybuild brand so it will of-course use its best endeavours to minimise system outages, system errors, software bugs, logical errors etc.

d) The Buyer acknowledges that in a complex system such as Anybuild software errors or bugs are inevitable - the Buyer is advised to thoroughly Test any processes or activity they wish to use Anybuild for, by using test data, before Going Live with real data and with real transactions.

e) The Buyer should advise the seller of any Bugs or Logic errors they encounter via the Anybuild Support System. These will be assigned a Case ID / Ticket with a Priority level. The Seller will use it's best endeavours to correct critical issues as quickly as possible.

a) Anybuild is built using Open Source Software tools which have a very permissive license (MIT or similar) that do not impose any kinds of cost of usage or restrictions of usage. 

b) Anybuild itself is NOT open source - Anybuild usage is subject to Terms of Usage described here and in User Documentation and Help. Anybuild Usage is not free it requires a subscription plan. 

c) Anybuild Platform and any included Anybuild Apps were created by the Seller's Related Companies and are protected by IP rights such as Copyright. These rights are 100% owned by Related companies within the Onedb Group. Partners and Customers may have IP rights for Partner or Customer Apps created by them - these must be packaged and contained within a clearly identified App Layer.

d) Customer Apps - The Buyer may have IP rights for Apps they have created if they are packaged and contained within a clearly identified App Layer. If the Buyer wishes to sell their Customer Apps to 3rd parties then the Buyer must apply to become an Authorized Anybuild Partner, they will have to agree to a separate Partner Contract, they will then be able to list their Apps on the Anybuild store.

e) Partner or Customer Apps may reference or reuse components from Anybuild Apps within their Apps but any IP rights for such components remain with the Onedb Group. 

f) If a Partner or Customer copies an Anybuild App Component for use within their Partner/Customer App then IP rights remain with the Onedb Group for this component unless more than 50% of the fields or attributes or code that defines the component are changed.

a) The Seller may host Anybuild in multiple Data Centres in multiple unspecified locations. 

b) If a Buyer requires their Data to be hosted or stored in a particular region, this must be agreed between the Buyer and Seller by a written addendum to this contract.

c) Customer Data - The Buyer is responsible for ensuring that any data input into their Instance is ethical, appropriate, legal and fit for the purpose intended. 

d) Customer Data is owned by the Buyer and is private to the Buyer (and it's authorized Users) unless the Buyer makes it available to Public Users. e.g. If the Buyer publishes a Price List on a website available to Public Users, such data is not private.

e) The Seller will not access customer Data without permission from the Buyer such as when the Buyer requests assistance with a Support Case or with configuring their system.

f) The Seller may collect and use anonymous meta data for a customer instance e.g. storage size, number of logins, transaction volumes etc. This Data will only be used within Onedb Group for Operational purposes, it will not be passed to 3rd parties such as advertisers.

g) The Seller will comply with relevant Data Privacy Legislation for any data it collects from its customers e.g. GDPR for EU customers and DPA 2018 for UK Customers. The Buyer is fully responsible for complying with relevant Data Privacy Legislation for any Data that it collects and stores within Anybuild.

a) Access to Anybuild Platform requires a valid Subscription Plan for each Account and for each Authorised User. Prices of Subscription Fees are advertised on www.anybuild.ai/pricing. Fees are typically charged per Organization and per named Authorized Users with higher fees for Pro Users and lower fees for Light Users. Public Users are charged in packs such as per 1000 connections.

b) Authorized User Licenses can be moved at any-time between named User logins.

c) Subscription Plans typically have Monthly Billing Cycle, Annual cycles are also available at a discount to the monthly price.

d) Unless otherwise agreed payment for the Usage Period is due 5 days in advance of this period e.g. for May usage month payment is due on 25th April. 

e) Billing Cycles always start on the 1st of the month - Users added part way through a month will be charged pro-rata for the first period. e.g. a user added on 16th April will be charged 1.5 months for the initial period 16th April to 30th May then monthly.

a) The Subscription Plan includes Basic Support. Basic Support does NOT include SLA (Service Level Agreement) guarantees for response or resolution times. Premium Support Plans are available upon request from the Seller for an Additional fee - this will include a separate SLA with additional Terms to this agreement. Partners may also offer Premium Support which should include a separate SLA which you have agreed with.

b) Any issue with Anybuild that the Buyer encounters and which requires Support or Assistance from the Seller to resolve must be logged as a case at www.anybuild.ai/support. The Onedb CRM Case Management system will track any activity plus all information entered regarding this case.

c) System Error Messages have the option to be associated with an existing case or to create a new case automatically.

d) Case must have a priority level defined - for Critical Cases the Seller will use their best endeavours to resolve within 1 hour - for standard level cases the Seller will use their best endeavours to resolve within 24 hours.

e) Support does NOT usually include training or configuration or customization or App development. Anybuild includes comprehensive Help, User Guides and Training Videos. If the User is unable to find Help for a particular Topic they should log a Support Case advising of such.

a) 3 Months Notice is required to Reduce Authorized User License Counts. e.g. If notice is given on 20th Jan to reduce a user count the reduction will take effect on 1st May. Fees are still due for this notice period even if available Users are not used i.e. do not login during this period. 

b) Notice must be sent in writing by email to accounts@onedb.online detailing which particular named authorized users or public user pack counts are to be reduced .

c) If the Authorized User count for an Account is reduced to zero, then this will terminate the whole account.

d) If payment is not received for a particular User or for a block of Users then Anybuild Access for those users will be revoked on the 15th of the following month. The Buyer will still be liable to pay fees for periods of denied accessed. i.e. Non-payment does not terminate a User licence, written notice is always required to terminate a User Licence. Access will be reinstated within 1 day of receiving payment.

e) The Buyer must download any Data they wish to keep before the end of the Notice Period to terminate an Account. Anybuild enables any data to be easily extracted to csv format via Reports or Views.

f) If Data is still be recoverable and is requested by the Buyer after the account has been terminated, then the Seller may charge an additional fee for recovering such data. 

g) The Seller may Terminate this Agreement at any-time and for any reason.

a) These Terms and Contract are subject to the Laws of England and Wales in the UK.

b) The Buyer must Notify the Seller in writing with a full description of any Issue or Dispute or Complaint or Grievance they may with this Contract before commencing any Legal Proceedings

   i) Issues may be sent via the online contact form at www.anybuild.ai/contact Or 

   ii) Logging a support case at www.anybuild.ai/support Or

   iii) email to support@onedb.online Or

   iv) Post to the Registered Office: Onedb Service Delivery Limited 76 Llangranog Rd, Cardiff, CF14 5BP, UK

c) Following Notification The Buyer must allow 45 days for the Seller to try and resolve the issue before launching any legal proceedings.

d) Disputes will be settled by a Court in England or Wales - the location of the Buyer or User shall not affect this.

e) For disputes of less than £25,000 in total possible value the Seller has the right to appoint a reputable Arbitrator to settle the dispute instead of using a Court.