Personal Use Terms of Service

Please read these Personal Use Terms of Service (“Terms” or “Terms of Service”) carefully before using the https://web.techberry.tech/ website and Services operated by TechBerry Co., Ltd. (“TechBerry”, “us”, “we”, or “our”). For purposes of these Terms, “you” and “your” means you as the user of the Service. “Services” means TechBerry’s services provided by TechBerry together with all related mobile and web applications. “Services” exclude Non-TechBerry Services.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all individual visitors, users and others who wish to access or use the Service. These Terms apply to personal use of the Services only. You acknowledge that these Terms, along with TechBerry’s Privacy Policy, govern your access and use of the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of these Terms, then you do not have permission to access the Service.

1. Content

For purposes of these Terms: (i) “TechBerry Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service by TechBerry or its licensors; and (ii) “User Content” means any Content that you provide to be made available through the Service. Collectively, TechBerry Content and User Content are referred to as “Content.”

Content Ownership: We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, TechBerry and its licensors exclusively own all right, title and interest in and to the Service and TechBerry Content, including all associated intellectual property rights. You acknowledge that the Service and TechBerry Content are protected by copyright, trademark, and other laws of Thailand. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or TechBerry Content.

Rights in User Content Granted by You: By making any User Content available through the Service, you hereby grant to TechBerry a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, host, cache, store, reproduce, transmit, publicly display, publicly perform, publish, distribute and modify (for formatting purposes only), your User Content solely in connection with operating and providing the Service and TechBerry Content to you and, depending on the permission you grant, to other users, individuals, and/or organizations. Subject to the foregoing license, as between TechBerry and you, you retain any and all of your rights to your User Content.

Your Responsibility for User Content: You are solely responsible for your User Content. You represent and warrant that you own your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Service, nor any use of your User Content by TechBerry on or through the Service will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation or violate any agreement you have with any third party.

Sharing User Content: You may designate your User Content as “public” or “private”. You agree that User Content you designate as public will be accessible by and be available to other users of the Service to whom you grant access to such publicly designated User Content. Consequently, you understand and agree that such users will have the right to view, comment on and tag your publicly designated User Content. If you grant users additional permissions with respect to your User Content, you understand and agree that such users will, depending on the permissions you grant, have the right to use, publish, display, modify, or duplicate such User Content. You grant TechBerry all rights necessary to make any of your publicly designated User Content available to other users of the Service and to permit those users to engage in the activities described in this Section with respect to your publicly designated User Content.

Rights in Content Granted by TechBerry: Subject to your compliance with these Terms, TechBerry grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display and print the TechBerry Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

TechBerry Content & Use Policy and Monitoring Content: You agree that your use and all User Content will comply with TechBerry’s Content & Use Policy. Although we’re not obligated to monitor access to or use of the Service or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

2. Restrictions on Your Use of the Service

You may not do any of the following, unless applicable laws or regulations prohibit these restrictions, or you have our express written permission from TechBerry to do so:

  • post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
  • duplicate, decompile, reverse engineer, disassemble or decode the Service (including any underlying idea or algorithm), or attempt to do any of the same;
  • access or use the Service in any manner that could disable, overburden, damage, disrupt or impair the Service or interfere with any other party’s access to or use of the Service or use any device, software or routine that causes the same;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt the Service, accounts registered to other users, or the computer systems or networks connected to the Service;
  • circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Service;
  • use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Service to monitor, extract, copy or collect information or data from or through the Service, or engage in any manual process to do the same;
  • introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful;
  • use the Service for illegal, harassing, unethical, or disruptive purposes;
  • violate any applicable law or regulation in connection with your access to or use of the Service;
  • access or use the Service in any way not expressly permitted by these Terms.

3. Accounts

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. Sharing of your User login or password is prohibited. You accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

4. Workspaces

User Content submitted, posted or modified by users in the Service is organized into separated sections we refer to as “Personal Workspaces” that can only be administered by the user that created the Workspace and can only be accessed by such user and any permitted guest users.

5. Communications from TechBerry

By creating an account on our Service, you agree to subscribe to newsletters or marketing materials and other promotional information we may send. However, you may opt out of receiving any, or all, of these marketing communications from us by following the unsubscribe link or instructions provided in any email we send. Please note that we may still send you transactional or administrative messages related to the Service even after you have opted out of receiving marketing communications.

6. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to claims that materials posted in the Service infringe on the copyright of any person or entity in accordance with our Thai Copyright Law.

7. Intellectual Property

The Service and its Content excluding User Content, features and functionality are and will remain the exclusive property of TechBerry and its licensors. The Service is protected by copyright, trademark, and other laws of Thailand. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of TechBerry.

8. Feedback

We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback becomes the sole and exclusive property of TechBerry, and TechBerry may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to TechBerry any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

9. Non-TechBerry Services

“Non-TechBerry Service” means any third party service, connection, Template, software, application, or integration that interoperates with the Service that is provided or made available by Customer or a third party.

If you decide to enable, access or use Non-TechBerry Services, your access and use of such Non-TechBerry Services shall be exclusively governed by your agreement with the provider of the Non-TechBerry Services. Further, by enabling such Non-TechBerry Services, you authorize TechBerry to transfer your User Content and your account information, which may include your Personal Data, in accordance with the functionality of such Non-TechBerry Services.

TechBerry does not warrant or support Non-TechBerry Services. The Services may contain features designed to interoperate with Non-TechBerry Services. TechBerry cannot guarantee the continued availability of such features or any Non-TechBerry Services. You acknowledge and agree that TechBerry has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or Non-TechBerry Services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that TechBerry shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or Non-TechBerry Service(s).

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or Non-TechBerry Services that you visit or interact with.

10. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

Upon termination, all licenses and other rights granted to you in these Terms will immediately cease. Your User Content and all other data will no longer be accessible through your account.

11. Indemnification

You agree to defend, indemnify and hold harmless TechBerry and its licensee and licensors, 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), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms; or (c) your User Content provided to the Service.

12. Limitations of Liability

IN NO EVENT SHALL TECHBERRY, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

13. Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

TECHBERRY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

14. Mobile App Terms

You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use any mobile application versions of the Service (the “App”).

We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App will be available in any particular geographic location. As part of the Service and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App (“Push Messages”). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings and can opt in or out of these Push Messages through the Service or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from TechBerry. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of push messages from TechBerry.

Mobile Software from the Apple App Store. The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to the App from the Apple App Store.

You acknowledge and agree that these Terms are solely between you and TechBerry, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store’s applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms.

You and TechBerry acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and TechBerry acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, TechBerry, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

You must comply with applicable third-party terms of agreement when using the App. You and TechBerry acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

15. Governing Law

These Terms shall be governed and construed in accordance with the laws of Thailand.

16. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

17. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

18. Entire Agreement

These Terms constitute the entire agreement between you and TechBerry regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

19. Survival

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Contact Us

You may contact us regarding the Service or these Terms at: TechBerry Co., Ltd., 33 Soi Pradiphat 17, Pradiphat Road, Phayathai, Bangkok 10400 Thailand or via email to support@techberry.co.th.

Last updated: Aug 25, 2022