Please read these Terms carefully. By accessing or using PowerBargain's platform or services, you agree to be bound by these Terms of Service. If you do not agree, do not use our Services.
In these Terms, the following definitions apply:
By creating an account, accessing, or using any part of the Services, you represent that: (a) you are at least 18 years of age; (b) you have the legal authority to bind the Customer to these Terms; and (c) you agree to these Terms on behalf of the Customer.
If you are accessing the Services on behalf of an organisation, your acceptance of these Terms constitutes a binding agreement between that organisation and PowerBargain.
Subject to these Terms and payment of applicable fees, PowerBargain grants the Customer a limited, non-exclusive, non-transferable right to access and use the Services during the subscription term, solely for the Customer's internal business purposes and in accordance with any applicable Order Form.
You agree not to:
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify PowerBargain immediately at security@powerbargain.tech of any unauthorized use of your account.
PowerBargain reserves the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or have been compromised, with or without prior notice depending on the severity of the issue.
Subscription fees are as described on our pricing page or in your Order Form. All fees are quoted in US Dollars and are exclusive of applicable taxes, unless stated otherwise.
Monthly subscriptions are billed in advance at the start of each billing period. Annual subscriptions are billed upfront. All fees are non-refundable except as expressly set out in these Terms or required by applicable law.
Overdue amounts may accrue interest at 1.5% per month (or the maximum rate permitted by law, whichever is lower). PowerBargain may suspend access to the Services for accounts with unpaid balances after providing 10 days' written notice.
PowerBargain may change subscription fees with 60 days' written notice. Continued use of the Services after the price change takes effect constitutes acceptance of the new fees.
PowerBargain retains all rights, title, and interest in and to the Services, including all software, algorithms, models, documentation, and related intellectual property. These Terms do not grant you any ownership rights in the Services.
Customer retains all rights in Customer Data. By using the Services, Customer grants PowerBargain a limited licence to process Customer Data solely to provide and improve the Services, as further described in the Data Processing Agreement.
Any feedback, suggestions, or ideas you provide about the Services may be used by PowerBargain without restriction or obligation to you.
PowerBargain processes Customer Data as a data processor on your behalf. We will: (a) only process Customer Data as instructed by you or as necessary to provide the Services; (b) implement appropriate technical and organisational security measures; and (c) assist you in meeting your obligations under applicable data protection laws.
A Data Processing Agreement (DPA) is available to Growth and Enterprise customers and governs the processing of any personal data included in Customer Data. To request a DPA, contact legal@powerbargain.tech.
Each party agrees to keep confidential the other party's non-public technical, business, financial, and operational information disclosed under these Terms ("Confidential Information"), and to use such information only as permitted by these Terms.
This obligation does not apply to information that: (a) becomes publicly known without breach; (b) was already known prior to disclosure; (c) is independently developed; or (d) must be disclosed by law, provided the disclosing party gives reasonable prior notice where permitted.
PowerBargain warrants that: (a) it has the authority to enter into these Terms; (b) the Services will perform materially as described in our documentation; and (c) it will implement commercially reasonable security measures.
EXCEPT AS EXPRESSLY SET OUT ABOVE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". POWERBARGAIN MAKES NO WARRANTY THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR MEET YOUR SPECIFIC REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POWERBARGAIN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
POWERBARGAIN'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE FEES PAID BY THE CUSTOMER IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Customer agrees to indemnify, defend, and hold harmless PowerBargain and its officers, directors, employees, and agents from any claims, damages, costs, and expenses (including reasonable legal fees) arising from: (a) Customer's use of the Services in violation of these Terms; (b) Customer Data infringing any third-party intellectual property rights; or (c) Customer's violation of applicable laws.
PowerBargain will indemnify Customer against third-party claims that the Services, as provided by PowerBargain, infringe any third-party intellectual property right, subject to Customer promptly notifying PowerBargain and cooperating in the defence.
These Terms commence on the date you first accept them and continue for the duration of your subscription. Either party may terminate for cause (material breach uncured within 30 days of written notice) or immediately for insolvency or unlawful activity.
Upon termination: (a) all licences granted under these Terms will immediately cease; (b) Customer will have 30 days to export their data before it is deleted; and (c) outstanding fees remain payable. Sections covering intellectual property, confidentiality, liability, and governing law survive termination.
The parties agree to first attempt to resolve any dispute informally by escalating to senior management within 30 days of written notice of the dispute. If the dispute remains unresolved, it shall be submitted to binding arbitration in Lagos, Nigeria, under the rules of the Lagos Court of Arbitration, unless both parties agree to an alternative forum.
Notwithstanding the above, either party may seek interim or injunctive relief from a competent court to prevent irreparable harm.
These Terms are governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law principles. For Enterprise customers in the United Kingdom or European Union, we offer English law as an alternative governing law — contact legal@powerbargain.tech to request this.
For legal queries related to these Terms, please contact: