Terms of Use

Introduction

Ductape LLC (“Ductape”, “we,” “our,” or “us”) provides a platform that empowers developers to build, configure, and deploy products through code. Our platform is designed to simplify product development by offering tools, integrations, and workflows that allow you to code and manage your solutions efficiently. These Terms of Use (“Terms”) constitute an agreement between you and Ductape. These Terms, along with any supplementary terms, policies, rules, and guidelines, supersede all prior written agreements between you and Ductape.

Acceptance

These Terms govern your access to and use of the Ductape website, products and services (“Services”). By accessing or using this website or any of our other platforms, you agree that you have read and understand these terms of use and our privacy policy as applicable (collectively the “Agreement”) and consent to be bound by all the terms and conditions of the agreement. These terms set forth your rights and obligations with respect to your use of any version of the Ductape service on any of our platforms. If you do not agree to these terms, please do not use this platform.

Age Restriction

Our Services are intended for individuals aged 18 or older. The Platform is not intended for use by anyone under 18. By accessing or using the Platform, you represent and warrant that you are at least 18 years old and have the legal capacity to agree to these Terms.

We do not knowingly provide services to children under 18 and may, at our sole discretion, suspend or terminate your account if we believe you are under 18.

Privacy Policy

Ductape is committed to protecting your privacy. Our Privacy Policy outlines how we collect, use, and protect your personal information. We encourage you to review our Privacy Policy for detailed information about our data handling practices.

Updates, Reviews and Amendments

Ductape may, at its sole discretion, change, alter, modify, add to, or remove portions of these Terms of Use at any time by updating this page. Such modifications will be effective upon posting. You are encouraged to periodically review these Terms for any changes. If future updates require your action to accept the revised terms, you may not be able to continue using the Services until you have done so. By continuing to use the Services after the changes are effective, you agree to the revised Terms.

Services Overview

We provide a platform that streamlines product development by providing tools, integrations, and workflows that enable developers to efficiently code and manage their solutions. Our Services enables developers to create reusable components, integrate third-party applications, and easily and quickly build complex, scalable, and monitored systems using code.

Accessing and Using Our Services

Ductape shall own and retain all right, title, and interest in any specifications, codebase, data, graph, designs, images, technical literature, format, features, modifications, and other materials made accessible through the Website or Service and updates hereto, which are collectively referred to as “Proprietary Content”. Ductape grants users a limited, non-exclusive, non-transferable, revocable and non-sublicensable right to use this Proprietary Content.

You agree to use the Service(s) in compliance with these usage rules. Ductape reserves the right to modify the usage rules at any time.

The Service may only be used by you or your duly authorized officers, agents, or representatives. If you are using the Services on behalf of an entity, such as your employer, you agree to these Terms on behalf of that entity and its affiliates, and represent that you have the authority to bind that entity to these Terms. In this context, "you" and "your" refer to both you individually and the entity you represent.

The User shall not assign, re-sell, novate, charge or sub-license or otherwise transfer any part or the whole of the Service.

The User shall not use any Content accessible through the Platform in a way that infringes on our copyrights, trademarks, patents, trade secrets, or other proprietary rights.

The User must ensure their use of any part of the Service always complies with all applicable Data Protection Laws and other relevant laws, licenses, codes of practice, and regulations in force from time to time

You shall not, nor assist or permit any third party to, violate, copy, circumvent, reverse engineer, decompile, disassemble, or tamper with any part of the Website or Service, including attempting to extract the software's source code without our prior written consent.

The User shall not upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere with or limit the normal operation of the Service (or any part thereof), or any other computer software.

The User shall not make available any Content that you do not have the right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;

The User shall not interfere with or disrupt other Users’ ability to use the Platform

The User shall not upload or distribute any third parties’ private information without obtaining approval from such third parties.

The User shall not violate any applicable laws, regulations, code of conduct or specific guidelines applicable to our Services.

The User shall not Impersonate any person or entity; or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Service.

Information Collection and Account Creation

We may collect personally identifiable information ("Registration Data"), such as your name, address, company address, email address, phone number, and other non-public information, to grant you access to certain features of the Website or Services. This information may also include your internet protocol address, browser type, operating system, domain name, access time, date, and other technical details about your connection to the platform. You agree that Ductape may store and use your Registration Data to maintain your Account. You may not create an account for anyone other than yourself without their permission.

Registration Responsibilities and Obligations

During the provision of your Registration Data to enable your access to certain Services on the Website, you agree to:

• Provide true, accurate, current and complete information about yourself where required (such information being the Registration Data);
• Maintain and promptly update your Registration Data to ensure it remains true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect this, we have the right to suspend or terminate your account and refuse any current or future use of the platform. If you are required to create a password and account to access certain Services on ductape.app or the App, you are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account.
• You also agree that we reserve the right to take any action we deem necessary or reasonable to ensure the security of the Services and your information. This may include terminating your access, requiring you to change your password, or requesting additional information to authorize your account activity. You must immediately notify Ductape of any actual or suspected unauthorized use of your account.
• You may also be required to have a valid payment method associated with your account for access to certain Services. You agree that if someone accesses the Services using your private information, we will rely on that private information and will assume that it is really you or your representative who is accessing the Services.

User Content

User Content means any information including but not limited to text, data, software, API keys, credentials, configuration settings, notification settings etc and other materials that you upload, post, transmit or otherwise make available through the Service. You represent and warrant that your User Content does not and will not infringe upon the provisions outlined in Section 6.

We acknowledge that you retain ownership of all User Content or data you upload, store, or transmit through our platform. We do not claim any ownership rights to your content or data, and your use of our platform does not transfer ownership to us, except for the limited licenses granted to us to provide the Services as described in these Terms.

You agree that you are solely responsible for your User Content and assume all risks associated with its use, including any reliance on its accuracy, completeness, or disclosure of personal information.

We reserve the right, but have no obligation, to remove, screen, or edit any User Content, including API Content, that you make available or accessible to others for use through the Service, at any time and for any reason without notice. You are prohibited from posting User Content that violates these Terms.

We have the right to remove any uploaded User Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our service into disrepute.

User Responsibilities

The User shall be solely responsible for ensuring the legality of the data or User Content submitted on the platform. This includes ensuring that the data does not infringe upon the rights of any third party and adheres to all relevant legal requirements.

You acknowledge and agree that you are exclusively responsible for the connection of our platform with your third-party applications and services. This includes, but is not limited to, providing and updating API keys, authentication tokens, and other required credentials.

The User shall ensure that they possess all necessary authorizations, permissions, and licenses to connect any accounts or services to Ductape, and that such connections comply with all applicable terms of service and legal requirements.

API Providers

To make their APIs available for use through the Service, API Providers must successfully complete Ductape’s approval process.

The API Provider shall be exclusively responsible for the monitoring and enforcement of the API Content and Terms applicable to each API for which it grants access to an API Consumer (Companies and Developers). Ductape shall not be liable for any breach of the aforementioned terms by an API Consumer, nor for any damages arising out of or related to such a breach.

The API Provider grants Ductape the right to make available their APIs and related API Content through the Service. Additionally, the API Provider consents to Ductape using their name and, if applicable, their company's name and logo on the Site to identify them as part of the Ductape marketplace.

The API Provider represents and warrants that it either owns or possesses all necessary rights to make available or grant access to the APIs it lists on the Service, along with all associated API Content.

Fees and Payment

Your access to the Service and its features is determined by the subscription plan you purchase, renew or change to. For details on plan features and pricing, please visit (our pricing page). Subscription fees are non-cancelable and non-refundable upon purchase or renewal, and may include any applicable taxes, duties, or charges. In the event that payment is not made within the required time period, we reserve the right to suspend your access to the Service until payment is received.

We, at our sole discretion, reserve the right to periodically offer you Promotional Services, comprising additional or enhanced Services and features, at either no additional cost or an initially discounted rate for a Promotional Period, which shall be communicated to you.

We also reserve the right to increase or decrease any Subscription Fee at any time. However, to the extent you have paid your Subscription Fee in advance, the increase or decrease will not become effective for your Plan until the end of your current Term or your next renewal.

Intellectual Property

You acknowledge that, with the exception of any User Content provided by you, all intellectual property rights, copyrights, patents, trademarks, and trade secrets present in the Website or Service, including but not limited to Ductape’s domain name (https://www.ductape.app/), logos, designs, codebase, specifications, technical literature, and other distinctive brand features are owned by Ductape. Neither these Terms nor your access to the Service transfers to you or any third party any rights, title or interests in the Proprietary Content except for the limited license granted in Section 6. All rights, title and interest in and to the Services (excluding content provided by users) are and will remain the exclusive of Ductape and/or its licensors.

The License granted you by these Terms is a right of use and access of the Service through the Site only, and does not grant to you any right to copy, reverse engineer, decompile, disassemble, modify, republish, or create derivative works from the Content without our permission. You must seek our permission to use any of the Content or intellectual property rights.

If you use, copy, reverse engineer, decompile, disassemble, modify, republish or download any part of the Website, or Service in violation of these Terms, your right to use the Website and Service will be immediately terminated.

Limitation of Liability/Disclaimers of Warranties

WE TRY TO KEEP DUCTAPE AVAILABLE AT ALL TIMES, BUG FREE AND SAFE, HOWEVER, YOU USE IT AT YOUR OWN RISK. DUCTAPE DOES NOT GUARANTEE THAT THE WEBSITE OR THE SERVICE WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, BUG OR ERROR FREE.

OUR SERVICES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE ACCURACY, RELIABILITY AND COMPLETENESS, FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND/OR SAFETY OF THE CONTENTS OF THE WEBSITE, AND ANY REPRESENTATIONS AND WARRANTIES RELATING HERETO ARE EXPRESSLY DISCLAIMED, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, DUCTAPE, ITS EMPLOYEES AND/OR ANY OF ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OR ACCESS OR INABILITY TO USE OR ACCESS THE WEBSITE OR APPLICATION, EVEN IF DUCTAPE AND/OR ANY OF ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DUCTAPE MAY CHANGE AND/OR ALTER THE CONTENTS OF THE WEBSITE, OR MAY SUSPEND AND/OR DISCONTINUE THE SERVICES PROVIDED THROUGH THE WEBSITE AT ANY TIME WITHOUT ANY PRIOR NOTICE EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, DUCTAPE, ITS EMPLOYEES OR ANY OF ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF ANY CHANGE AND/OR ALTERATION OF THE CONTENTS OF THE WEBSITE, OR ANY SUSPENSION OR DISCONTINUATION OF THE SERVICES PROVIDED THROUGH THE WEBSITE.

Indemnification

You agree to indemnify and hold harmless Ductape, its subsidiaries, affiliates, licensors, employees, service providers, agents, officers, directors, and contractors (the "Indemnified Parties") from any actions, claims, liabilities, judgments, awards, and expenses arising from: (a) your use of or access to the Website or Service; (b) third-party claims arising from your use of our Service; (c) any content, information, or material you produce, download, or transmit; and (d) your breach of these Terms or any applicable law or regulation.

Third-Party Services (API Providers)

Our public API marketplace enables API Providers to make their APIs available for use by API Consumers (Companies and Developers) who need them. The information provided for each listing includes the provider's name, API description, industry/sector, and other relevant details. Ductape acts solely as a platform and is not responsible for the availability, functionality or terms of service of these third-party service providers.

We make no guarantees or representations, express or implied, regarding the accuracy, completeness, performance, reliability, suitability for any purpose or quality of any APIs or API Content made available by API Providers on the Service. Any reliance on such APIs or API Content is solely at your own discretion and risk.

You acknowledge and agree that issues with third-party services may impact your workflows, and Ductape will not be liable for such disruptions. Users are responsible for independently evaluating and verifying the suitability of any listed API.

Your interactions with API Providers are solely between you and such API Providers. You agree that Ductape will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any API Provider we are under no obligation to become involved.

We reserve the right, but have no obligation, to remove, screen, or edit any API Content, posted on the Service, at any time and for any reason without notice. You acknowledge and agree that Ductape may remove any API Content at its sole discretion.

Breach of these Terms

In the event of a material breach of these Terms, as determined by us in our reasonable judgment, we reserve the right, without prejudice to any other remedies available under these Terms or at law, to take any or all of the following actions, with or without prior notice:

• delete, suspend, or modify your account or any part thereof;
• suspend or terminate your access to our Services; and
• reset or modify any benefits and privileges associated with your account.

Applicable Laws and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Nigeria unless otherwise expressly provided. All disputes and controversies arising out of or relating to the Website and this Terms and Conditions shall be submitted to the Court of Justice in Nigeria with the jurisdiction to adjudicate on such matters.

Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable in any jurisdiction, that part will be deemed severable and shall not affect:

• The validity, legality, and enforceability of other provisions of these Terms in that jurisdiction.
• The validity, legality, and enforceability of that provision or any other provision of these Terms in any other jurisdiction.

General

These Terms supersede any previous written or oral Agreements between you and Ductape regarding the Service.

Any feedback, comments or suggestions you may provide regarding Ductape, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

For the purposes of these Terms, ‘force majeure’ means any circumstances not foreseeable at the date of these Terms and not within reasonable control of Ductape, including any action taken by a governmental or public authority of any kind, any civil commotion or disorder, riot, invasion, war, threat of war, preparation for war, any accident, fire, explosion, storm, flood, earthquake, pandemic, epidemic, or any other natural physical disaster. If and to the extent that Ductape is prevented or delayed by force majeure, Ductape shall notify you specifying the nature, extent, effect, and likely duration of the circumstances constituting the force majeure and shall be relieved of any liability for failure to carry out its undertakings during such a force majeure event.

Complaints

If you have any complaints about us or our Service, you can contact us at support@ductape.com