INTRODUCTION

Welcome to Globebyte Limited (“we,” “us,” “our,” or “Globebyte“). We operate the website located at https://www.globebyte.com (the “Site“), as well as related online platforms and software-as-a-service (“SaaS“) offerings (collectively with the Site, the “Services“).

We are a company established in the United Kingdom under company number 02665340 with our registered office at 137 – 139 High Street, Beckenham, London, England, BR3 1AG, United Kingdom. These Combined Terms of Use & Privacy Policy (the “Policy“) govern your use of our Services. By accessing or using our Services (whether on behalf of yourself or an entity), you agree to be bound by this Policy. If you do not accept this Policy, you should stop using our Services immediately.

Although we operate primarily on a B2B (business-to-business) basis, any individuals using or accessing our Services (even on behalf of a business or other organization) are deemed to have consented to these terms.

This Policy incorporates both:

• Our Terms and Conditions, which set out the rules and obligations for accessing and using the Services (including our professional services and SaaS platforms).
• Our Privacy Policy, which explains how we collect, use, and protect your personal data in accordance with applicable data protection laws, including the UK General Data Protection Regulation (“UK GDPR”), the Data Protection Act 2018, and relevant international best practices.

1. DEFINITIONS

1. “Globebyte”, “we”, “us”, or “our” – refers to Globebyte Limited, located at 41 London Road, Reigate, RH2 9RJ, United Kingdom.
2. “You,” “User”, or “Customer” – refers to any individual or entity visiting, accessing, or using our Services.
3. “Services” – refers collectively to our Site (including all subdomains), professional services, SaaS or hosted technology platforms, and any associated offerings, functions, or content we make available.
4. “Personal Data” – any information relating to an identified or identifiable natural person.
5. “Data Controller” – the person or entity that determines the purposes and means of processing Personal Data. For purposes of this Policy, Globebyte is typically the Data Controller of Personal Data you provide directly to us (unless stated otherwise in a separate agreement).
6. “Data Processor” – a person or entity which processes Personal Data on behalf of the Data Controller.
7. “User Content” – all text, images, data, or other information or materials (including Personal Data) that you submit, upload, post, publish, or transmit to our Services or otherwise provide to us or other users.
8. “Enterprise SLA” – a customized Service Level Agreement (SLA) available to certain enterprise customers, which may override certain provisions of this Policy if specifically stated.

2. ACCEPTANCE AND CHANGES

2.1 Acceptance of This Policy
By accessing or using our Services, you confirm that you have read, understood, and agree to be legally bound by this Policy. If you do not agree with any of these terms, you are prohibited from using our Services and must discontinue use immediately.

2.2 Changes to This Policy
We reserve the right to update or modify this Policy from time to time. Any updated version will be effective as soon as it is accessible, and the “Last Updated” date will indicate the latest revision. Your continued use of our Services after any such updates indicates your acceptance of the revised Policy. We recommend that you review this Policy regularly to stay informed of any changes.

3. ELIGIBILITY AND USER ACCOUNTS

3.1 B2B Focus and Eligibility

• Our Services are primarily designed for business-to-business transactions and are not targeted at individual consumers.
• By using our Services, you represent and warrant that you (i) act on behalf of a business or other organization and (ii) have the authority to bind that organization to this Policy.
• We do not knowingly collect Personal Data from minors under the age of 18. If you are under 18, you must not use our Services without parental or guardian consent.

3.2 User Accounts

• To access certain features of our Services, you may be required to register an account. You agree to provide accurate, current, and complete information about yourself (and any entity you represent).
• You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
• We reserve the right, in our sole discretion, to refuse, restrict, or terminate your access to the Services at any time if you breach this Policy or any applicable laws.

4. OUR SERVICES

4.1 Scope
Globebyte provides various professional technology services and SaaS-based hosted platforms, including (without limitation) learning solutions, applied science inventions, and related consulting. The Services may evolve over time, and any updates or additions are subject to this Policy unless otherwise specified in writing.

4.2 No Reliance on Information
The content on our Site and related resources is provided for general information only. We do not guarantee that our content is entirely accurate, complete, or up to date. You should obtain professional or specialist advice before taking, or refraining from, any action based on our content.

4.3 Enterprise SLA and Conflicts
Certain enterprise customers may enter into a separate Enterprise SLA (or other written contract) that contains service-specific commitments (e.g., enhanced support, uptime guarantees). In the event of any conflict between this Policy and the Enterprise SLA, the Enterprise SLA terms will prevail but only to the extent of the conflict.

5. ACCEPTABLE USE

5.1 Prohibitions
You agree that you will not, and will not enable or permit any third party to:

• Use our Services for any unlawful or unauthorized purpose or in a manner inconsistent with this Policy.
• Collect or harvest data from our Services using automated means (e.g., robots, scrapers) without our prior written permission.
• Disrupt, interfere with, or overburden our Services, including by introducing viruses or other malicious code.
• Circumvent, disable, or otherwise interfere with any security-related features of our Services.
• Impersonate or attempt to impersonate any other person or entity or misrepresent your affiliation with any person or entity.
• Upload or share content that is defamatory, infringing, obscene, harassing, deceptive, or otherwise violates applicable law or infringes third-party rights.
• Use our Services to send unsolicited communications, advertise third-party products, or otherwise engage in spam or marketing without our consent.

5.2 User Content Standards
Any User Content you submit must comply with applicable laws and not contain material that is defamatory, obscene, hateful, or that infringes intellectual property or privacy rights. You warrant that any such User Content complies with these standards, and you will be liable for any breach of that warranty.

6. USER CONTENT AND INTELLECTUAL PROPERTY

6.1 Ownership of User Content
You retain ownership of any intellectual property rights that you hold in the User Content you post or upload. However, by submitting or posting User Content, you grant us an irrevocable, worldwide, royalty-free, perpetual, non-exclusive, and transferable license (with the right to sublicense) to use, reproduce, distribute, prepare derivative works of, display, and perform that User Content in connection with our Services.

6.2 Removal of User Content
We reserve the right to remove or modify User Content that, in our sole judgment, violates this Policy or any applicable law, or that we believe is otherwise objectionable or inaccurate, without notice and at any time.

6.3 Our Intellectual Property
Unless otherwise indicated, the Services and all content provided by us, including (without limitation) software, source code, databases, designs, text, images, videos, and graphics (“Our Content“), are owned or licensed by Globebyte and are protected by copyright, trademark, and other intellectual property laws. You may view and use Our Content solely for your own internal business purposes in connection with your permitted use of the Services. You must not copy, modify, distribute, sell, or lease any part of Our Content without our prior written permission.

6.4 Trademarks
“Globebyte,” “D2BE,” “STUART,” “Relationships Work”, “Assess for Learning”, “Tutor for Learning”, “Actions for Learning”, “Experience for Learning”, “Data for Learning” and any other marks used by us are trademarks of Globebyte Limited in the United Kingdom and possibly other jurisdictions. You may not use these trademarks without our prior written consent unless explicitly permitted on our Site.

7. PRIVACY POLICY

We respect your privacy and are committed to protecting your Personal Data. This section explains how we collect, use, disclose, and safeguard your Personal Data in accordance with applicable privacy laws, including the UK GDPR and the Data Protection Act 2018. If you are located outside the UK, we also strive to comply with relevant data protection and privacy laws of the regions in which we operate or provide services.

7.1 Data We Collect

7.1.1 Information You Provide Directly

• Contact Data: Name, email address, phone number, postal address.
• Account Data: Login credentials (username, password) and any content you upload or provide in using our Services (e.g., project details, files).
• Payment or Transaction Data: If you purchase any of our paid Services, we or our payment processors may collect billing or credit card information.
• Marketing Preferences: Preferences regarding receiving marketing communications from us.

7.1.2 Information Collected Automatically

• Usage Data: IP address, browser type and version, operating system, referral URLs, pages visited, time on pages, links clicked, etc.
• Cookies and Similar Technologies: Small text files and other tracking tools stored on your device to improve our Services, analyze usage, and remember preferences (see Section 7.5).

7.2 Purposes and Legal Bases for Processing

We process your Personal Data for the following purposes:

1. To Provide and Maintain the Services – to fulfill our contract with you, or where we have a legitimate interest in ensuring the proper functioning of our Services.
2. Account Management – to enable you to register, authenticate, and manage your account.
3. Customer Support – to respond to your inquiries or requests.
4. Improving Our Services – to analyze performance, troubleshoot errors, and develop new features, based on our legitimate interests in maintaining and improving our offerings.
5. Marketing Communications – to send you promotional content, where you have given consent or where we have a legitimate interest under applicable law. You can opt out of receiving marketing emails by following the unsubscribe instructions in each email or by contacting us directly. We currently use Salesforce and related platforms to manage certain marketing communications.
6. Legal Compliance – to comply with legal obligations or lawful requests by public authorities.

7.3 Data Sharing and Transfers

We may share your Personal Data with:

• Service Providers and Partners: Who help us operate, analyze, and improve our Services. Examples include:
  • Sub-processors such as Amazon Web Services (AWS) and Microsoft Azure for hosting and infrastructure services;
  • Payment processors and analytics services;
  • Salesforce for marketing communications.
    These providers act as our Data Processors and are contractually obligated to use your Personal Data only as instructed by us.
• Business Transfers: In the event of a merger, acquisition, or asset sale, Personal Data may be transferred as part of that transaction.
• Legal and Regulatory Compliance: Where required to comply with a court order, law, or legal process, or to protect the rights, property, or safety of Globebyte, our customers, or others.
• International Transfers: If you are located outside the UK, we may transfer Personal Data to countries (including the US and the EU) where we or our service providers operate. We rely on measures such as Standard Contractual Clauses or equivalent frameworks to ensure your data is protected.

7.4 Data Retention

We retain your Personal Data for as long as necessary to fulfill the purposes set out in this Policy, unless a longer retention period is required or permitted by law. When we no longer need your Personal Data, we will securely delete or anonymize it.

7.5 Cookies and Tracking Technologies

• We use cookies and similar tracking technologies to understand usage, improve performance, and enhance user experience.
• You can control or disable cookies through your browser settings. However, certain features of our Services may not function correctly if cookies are disabled.

7.6 Your Rights (UK GDPR/Data Protection Act 2018)

You have certain rights under data protection laws, including the right to:

• Access: Request a copy of your Personal Data held by us.
• Rectification: Correct any inaccurate or incomplete Personal Data.
• Erasure: Request deletion of Personal Data when it is no longer needed or if processing is unlawful.
• Restriction: Ask us to restrict processing under certain circumstances.
• Object: Object to processing based on legitimate interests or for direct marketing.
• Data Portability: Receive your Personal Data in a structured, commonly used, and machine-readable format.
• Withdraw Consent: Where we rely on consent, you may withdraw it at any time (this does not affect the lawfulness of prior processing).

If you wish to exercise any of these rights, please contact us at hello@globebyte.com. You also have the right to lodge a complaint with the UK Information Commissioner’s Office (ICO) or your local supervisory authority if you believe we have infringed your rights.

7.7 Children’s Privacy

Our Services are not directed to individuals under 18 years of age and are intended for B2B use. We do not knowingly collect Personal Data from children under 18. If you believe we have unintentionally collected Personal Data from a minor, please contact us immediately and we will delete such information.

8. DATA AND CONTENT IN OUR SAAS SERVICES

8.1 Data Production and Ownership
If you use our SaaS platforms to create, upload, or otherwise store data (“User-Generated Data”), you are responsible for ensuring that any Personal Data within that User-Generated Data is collected and processed in accordance with all applicable data protection laws.

8.2 Data Processing Terms
Where you upload Personal Data into our SaaS platforms and Globebyte processes such data on your behalf, you (or your organization) are the Data Controller, and Globebyte is the Data Processor. If required by law or upon request, we can enter into a Data Processing Agreement (DPA) to further define each party’s data protection obligations.

8.3 Security of SaaS Data
We implement commercially reasonable security measures to protect the confidentiality, integrity, and availability of data within our SaaS platforms. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.

8.4 SaaS Hosting Regions

• We offer hosting in the US or in the EU, and you may typically choose the region where your data will reside.
• We will respect your region preference whenever technically feasible. However, certain support or backup processes may still involve data transfers to other regions under secure conditions.

8.5 Service Availability & Backups
We use AWS and Azure for hosting. While we strive for high availability, we cannot guarantee uninterrupted operation. You are responsible for maintaining appropriate backups of any critical data uploaded to our platforms, unless specifically covered by an Enterprise SLA that provides otherwise.

9. DISCLAIMERS AND LIMITATION OF LIABILITY

9.1 Disclaimer

• The Services are provided “as is” and “as available,” without any warranty of any kind, whether express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.
• We do not warrant that (i) the Services will be error-free, secure, or operate without interruption, (ii) any information obtained via the Services will be accurate or reliable, or (iii) defects will be corrected.

9.2 Limitation of Liability

• To the fullest extent permitted by law, we will not be liable for:
  • (a) lost profits, sales, business, or revenue;
  • (b) business interruption;
  • (c) loss of anticipated savings;
  • (d) loss of business opportunity, goodwill, or reputation; or
  • (e) any indirect or consequential losses.
• Aggregate Liability: In any event, our total aggregate liability under or in connection with the Services (however arising, including negligence) will be limited to the greater of £1,000 or the amount you paid us in the six (6) months preceding the event giving rise to liability.
• Enterprise SLA Overrides: If you have an Enterprise SLA with different liability provisions, those provisions will govern to the extent of any conflict with this Policy.

10. SUSPENSION, TERMINATION AND CANCELLATION

10.1 Termination by You
You may stop using our Services. If you wish to delete your account, you may do so through your account settings (if available) or by contacting us at hello@globebyte.com.

10.2 Termination by Us
We reserve the right to terminate or suspend your account or access to the Services immediately, without prior notice or liability, if we determine in our sole discretion that you have breached this Policy or any applicable law, or if we discontinue providing the Services. We may also pursue any other remedies available under applicable law.

10.3 Effects of Termination
Upon termination, all rights granted to you under this Policy will cease, and you must immediately discontinue all use of the Services and delete or destroy any copies of Our Content in your possession. Any obligations or liabilities incurred before the termination date shall survive.

11. THIRD-PARTY LINKS AND SERVICES

Our Services may contain links to third-party websites or resources. These links are provided for convenience only, and we do not endorse or control these websites or resources. We assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

12. ELECTRONIC COMMUNICATIONS

By using our Services, you consent to receiving electronic communications (e.g., emails, notices posted on our Site). These communications satisfy any legal requirement that such communications be in writing.

13. MISCELLANEOUS

13.1 Entire Agreement
This Policy constitutes the entire agreement between you and Globebyte regarding the use of the Services and supersedes any prior agreements, understandings, or arrangements. However, any applicable Enterprise SLA or other written contract between us and you (or your organization) will take precedence over this Policy to the extent of any conflict.

13.2 Assignment
We may assign or transfer our rights and obligations under this Policy to any party at any time without notice to you. You may not assign, transfer, or sublicense your rights under this Policy without our prior written consent.

13.3 Severability
If any provision of this Policy is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

13.4 No Waiver
Our failure to exercise or enforce any right or provision of this Policy does not constitute a waiver of such right or provision.

13.5 Governing Law and Jurisdiction

• This Policy (and any non-contractual disputes or claims) is governed by and construed in accordance with English law.
• Both parties submit to the exclusive jurisdiction of the courts of England and Wales, except to the extent an Enterprise SLA specifies otherwise.

13.6 Contact Us
If you have any questions, complaints, or requests regarding this Policy or our Services, please contact us:

• By email: hello@globebyte.com
• By post:
  Globebyte Limited
  41 London Road
  Reigate, RH2 9RJ
  United Kingdom