End User Licence Agreement (EULA)

Software End User License Agreement 

Last updated June 2022.

As soon as you check the ‘I agree’ box presented to you before you access our software you will be bound by the terms of this EULA and our privacy policy [link] and all other terms and conditions published by us through this website or provided directly to you, collectively referred to as ‘terms’. 

This software is intended for use by persons over the age of 18 years.

Please read our terms carefully before checking the ‘I agree’ box to make sure you understand your obligations.

Parties to this agreement

This is an agreement between you and Bidurk relating to the use of our software. 

This software is made available by Bidurk Ltd (UK) of Eastbourne, United Kingdom BN21 4NN . 

When you read words ‘Bidurk’, ‘us’, ‘our’ or ‘we’, it means Bidurk Ltd, and the words ‘you’, ‘user’ or ‘your’ means you, the visitor to our website or online services. Reference to ‘you’ or ‘us includes respective directors, employees, agents, successors and legal assigns.

How long does this agreement last?

You have access to use this software as a result of your purchase of our Training Course or Agency Services. This agreement remains in force so long as you continue with our Training Course or our Agency Services. There are some provisions of these terms that continue after the end of that period.  

What we do

Bidurk makes available software that delivers unique insights about your YouTube channel to help you improve viewer engagement and grow your channel. We reserve the right to make changes to the software or provide updates at any time, although we are not obliged to do so.

If you purchased a Training Course, you would have been provided with information on how to link our software to your YouTube Channel. If you have purchased our Agency Services, you have authorised your Bidurk Account Manager to link our software to your YouTube Channel.  

Disclaimer – please see our terms [link] for full disclaimer

The software is made available on an ‘as is where is’ basis and all risk in using the software remains with you. What does this mean? It means we provide the tools to use the software for growing your YouTube channel advertising, but what you actually do with the tools is your responsibility. For example, if you upload content and create advertisements, but you do not market the advertisements properly, that is your responsibility, not ours. 

In using this software you agree to hold us harmless from all and any claims that may arise or result from your use of this software. You agree that we cannot be held responsible for any damage or claims that may occur because of your use of this software.

License to use our Software

Once our software is linked to your YouTube Channel, we grant you a non-exclusive, revokable licence for the term of our services to access and use the online tools available in our software. 

You do not have any ownership rights to the software. 

The license granted to you is not transferrable to anyone else and is limited by the terms of this agreement. 

Your Responsibilities 

When using the software, you agree to:

• keep all username and passwords secure and confidential and not to share the access details with anyone other than the person entitled to use them
• maintain the connection between the software and your brand YouTube channel
• be responsible for any use you make of the software and your YouTube channel
• immediately notify us of any unauthorised use of your passwords or other breach of security
• not rent, lease, sell, transfer, redistribute, make available or sublicense your access to our software to any third party
• only use our software for lawful purposes, in accordance with this agreement
• not use our software to send spam or other unsolicited messages
• not use our software or website in a manner that could bring us, our software or our brand into disrepute or in a manner for which it is not intended 
• not introduce viruses, malware or other damaging things or code into our software
• not use our software in a manner that could damage, disable, overburden or impair our software or interfere with any party’s use and enjoyment of our software
• not access or attempt to access the administrative interface of our software by any means other than the interface provided
• not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of our software, our materials, any updates or the servers or networks which are connected to our software. Any attempt to do so is a violation of our rights. 

If any data uploaded by you to our software creates technological problems in our software, you will be liable for all costs incurred in rectifying all issues arising out of that upload.  

If you breach your responsibilities or other parts of this agreement, we may terminate your access and you may be subject to prosecution and damages.  

Termination

You will have access to the software until this agreement terminates with the end of your access to our Training Course or Agency Services. You have no right to access the software other than in combination with our Training Courses or Agency Services.  

We may cancel this license at any time for any reason by giving you written notice.

We may also cancel, suspend, remove, or disable your access to the software or cancel this license immediately if your payments to us are overdue, or if we believe that you have failed to comply with this agreement.

When this agreement terminates you will no longer be able to access the software or any data stored via the software.

Copyright

Title to and all intellectual property rights in our software and all statistical data collated, insights and reports generated using the software remain the property of Bidurk. Bidurk may retain this information indefinitely and use it for any purpose Bidurk deems fit, without reference to you.

We grant you a non-exclusive, revokable licence to access and use the data and reports generated with the use of our software for the purpose of assessing and improving the performance of your YouTube Channel and no other purpose.  

You must not use, communicate, copy, display, distribute, modify, translate, reformat, incorporate into advertisements or other works, promote, create derivative works, or in any way exploit or allow others to exploit our software or any statistical data collated, insights and reports generated using the software, in whole or in part, except as expressly authorised by us.

We do not grant you any other right to or license to use our intellectual property. 

Third Party Intellectual Property

You warrant that you have the right or license to use any and all information, uploaded by you to the software. You agree to indemnify us against any loss or damage (including consequential loss) that may result from any information uploaded to the software, including but not limited to copyright breach or other intellectual property infringement.  

You irrevocably grant us a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to store and use your data for the purpose of enabling your access to and use of the software. 

Your data

Title to and all intellectual property rights in your data remains your property. Access to that data is dependent on your adherence to this agreement and payment of any associated fees or amounts payable to us in full and on time.

While all care is taken to store your data, the software is not designed as a backup system and should not be relied on as such. We will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure of any stored data. 

All information or data uploaded is the sole responsibility of you or the person providing the data. We are not responsible for this content and will have no liability in respect of the quality of the data, or any third-party rights in respect of that data.  

If this agreement is terminated, we will hold your reports for 90 days. During the 90-day period you may request a copy of your reports which we will supply in electronic format. We may charge a fee for the supply of your reports. At the end of the 90-day period, your stored reports may be permanently deleted from our working system. 

Security and accessibility 

We make every effort to maintain the security of our software however, we do not guarantee the security of our software, systems, records or your data. 

Continuous access to the software is dependent on third party services. As a result, the software may be inaccessible from time to time.

Bidurk disclaims all liability for any computer virus or technological problems that were not intentionally caused by us or are beyond our control. You are encouraged to install and maintain up-to-date security software on your computer and devices. We do not warrant that our software is free from viruses, malware or similar damaging code.

We cannot guarantee that the software always remains error free. We will not be liable for any periods that the software is not functioning or is malfunctioning, nor will Bidurk be liable for any issues caused by or attributable to YouTube. 

Bidurk disclaims all liability for any impact on your brand YouTube channel, including the temporary or permanent suspension of your YouTube channel.