PLEASE READ THESE TERMS CAREFULLY. THESE TERMS APPLY TO ALL USERS VISITING OR ACCESSING THE SERVICES. BY CLICKING TO ACCEPT THESE TERMS, COMPLETING THE ACCOUNT REGISTRATION PROCESS, BROWSING THE WEBSITE, DOWNLOADING THE APPLICATION, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU ARE ACKNOWLEDGING AND AGREEING TO BE BOUND AND ABIDE BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.
IF YOU SUBSCRIBE TO ANY PAID FEATURE OR FUNCTIONALITY OF THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT BEEBLE’S THEN-CURRENT FEE FOR SUCH FEATURES AND FUNCTIONALITY UNLESS YOU OPT OUT OF THE AUTOMATIC RENEWAL OF SERVICES TERM IN ACCORDANCE WITH SECTION 11.5 BELOW.
IF YOU SUBSCRIBE TO ANY PAID FEATURE OR FUNCTIONALITY OF THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT BEEBLE’S THEN-CURRENT FEE FOR SUCH FEATURES AND FUNCTIONALITY UNLESS YOU OPT OUT OF THE AUTOMATIC RENEWAL OF SERVICES TERM IN ACCORDANCE WITH SECTION 11.5 BELOW.
1. Your Agreement with Beeble
1.1 We control and operate the Website from its headquarters sitting in the United States. If you use the Website from outside of the United States, you are entirely responsible for compliance with applicable local laws. 1.2 By accessing or using the Services, these Terms form a legally binding contract by and between Beeble and you. You represent and warrant that you are not prohibited or otherwise restricted from using the Services under the laws of the United States or any other applicable jurisdiction and agree to be bound by these Terms and all applicable laws and regulations. 1.3 You represent and warrant that you are not a minor under the age of legal majority in any relevant jurisdiction and have the authority to enter into these Terms personally or, if you are accessing or using the Services on behalf of an entity, on behalf of such entity. 1.4 The current version of the Terms is effective as of the “Last Updated” date above. We may, from time to time and at our sole discretion, update these Terms by providing modified versions of the Terms on the Services and updating the “Last Updated” date. If we make any material changes and you have registered an account on the Services (“Account”), with us, we will also send an email with an updated copy of the Terms to you at the email address associated with your Account. Unless otherwise stated in such update, any changes to the Terms will be effective immediately. Beeble may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. IF YOU DO NOT AGREE TO ANY SUCH CHANGES AFTER RECEIVING A NOTICE OF SUCH CHANGES, YOU SHALL STOP USING THE SERVICES. 1.5 Your use of, and participation in, certain features and functionality of the Services may be subject to additional terms (“Supplemental Terms”). Such Supplemental Terms will either be set forth in the applicable supplemental Services or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to such supplemental Service. 1.6 Access to or use of Beeble’s API is subject to the API Terms of Use. While these Terms govern your general access to and use of the Website and Services, the API Terms govern your access to and use of the API. In the event of any conflict between these Terms and the API Terms with respect to the API, the API Terms will prevail. To the extent Beeble processes personal data on your behalf as a processor, such processing is governed by the DPA. In the event of any conflict between these Terms (or the API Terms) and the DPA with respect to data processing matters, the DPA will prevail. 1.7 Our Services are always changing and evolving and we may, without providing any prior notice, change or cease provision, or create limitations or restrictions to the use, of the Services or any portion thereof. We may require you to install updates to the Application or to any software other than the Application, that is made available via the Services (“Software”) that you have installed on the devices through which you access or use the Services. Any future release, update or other addition to the Services shall be subject to these Terms. We may also, without notice and at our sole discretion, permanently or temporarily terminate or suspend your use of Services or any portion thereof if, in our opinion, you have violated any provision of these Terms of Use. The term “Software” as used in these Terms shall include including all associated documentation and shall be deemed to be included in the Services. You understand that you are responsible for all data charges you incur by using the Services.2. Privacy & Protection of Personal Information.
2.1 We respect your privacy and have established certain policies and procedures relating to the collection and use of your personal information in connection with your use of the Services. The Beeble Privacy Policy, which sets forth such policies and procedures, is hereby incorporated into these Terms. By accepting these Terms, you agree to the collection, use, and sharing of your information through the Services (including the transfer of your information to the United States and/or other countries for storage, processing, and use by Beeble) in accordance with the Beeble Privacy Policy as updated from time to time. 2.2 As part of providing you the Services, we may need to provide you with certain electronic communications, such as service announcements and administrative messages sent via email or posted on the Services. These communications are considered part of the Services and your Beeble account, which you may not be able to opt-out from receiving. For contractual purposes, you (i) consent to receive communications from Beeble in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Beeble electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq.3. User Content.
3.1 The Services contain photos, videos, information, data, text, graphics, items, or other materials (collectively referred to as “Content”) created by Beeble, our users, and our suppliers. The Services also include interactive features and areas that allow users to create, post, transmit, and/or store Content (“User Content”). You agree that User Content is the sole responsibility of the party from whom such User Content originated. This means that you, and not Beeble, are entirely responsible for all User Content that you upload, post, email, stream, publish, transmit or otherwise make available to us or other users (“Share”) through the Services, and that other users of the Services, and not Beeble, are similarly responsible for all User Content that they Share through the Services. 3.2 In response to any images, videos, selections and other User Content that you provide to the Services, the Services may generate new Content (“Output”). You acknowledge that the Outputs are based on your User Content, and that Beeble has no control over any such User Content. Accordingly, all Outputs are provided “as is” and with “all faults”, and Beeble makes no representations or warranties of any kind or nature with respect to any User Content or Outputs, including any warranties of accuracy, completeness, truthfulness, timeliness or suitability. You are solely responsible for your use of your Outputs created through the Services, and you assume all risks associated with your use of any Outputs, including any potential copyright infringement claims from third parties or any disclosure of your Outputs that personally identifies you or any third party. 3.3 You represent and warrant that you will not Share any User Content on or through the Services, or attempt to create Output through the Services that, in Beeble’s sole discretion:(a) violates or infringes any rights of a third party, including but not limited to rights of privacy, publicity, data-protection, copyrights, trademarks, or any other intellectual property rights, of any third party, including by using or Sharing pictures or video of another individual without receiving that individual’s consent;
(b) violates, or encourages any conduct that would violate, any applicable law, regulation or court order, or would give rise to civil liability;
(c) is violent or threatening, or promotes violence or actions that are threatening to any other person;
(d) harms, or depicts the harm of, minors in any way;
(e) impersonates any person or entity, including, but not limited to, our personnel, or falsely states or otherwise misrepresents your affiliation with a person or entity;
(f) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(g) is defamatory, vulgar, sexually explicit, obscene, libelous, or otherwise objectionable; or
(h) advocates, encourages or assists any third party in doing any of the foregoing activities in this Section.
While we are not obligated to do so, we reserve the right, and have absolute discretion and the right, to review, screen, and delete User Content at any time and for any reason and take appropriate legal action, including, without limitation, referral to law enforcement for any illegal or unauthorized use of the Services.
3.4 You hereby grant to us a non-exclusive, worldwide, royalty-free, transferable and sublicensable license to use, reproduce, modify, adapt, create derivative works from, and translate your Content, including your User Content and Output, solely to the extent necessary to operate, maintain, provide, and improve the Services. For free users, you additionally grant us permission to use your Content solely for research and development purposes, including improving the performance and accuracy of the Services and underlying AI technologies. For users for Paid Services, your Content will not be used for such AI training. We may grant a sublicense of the foregoing rights to our affiliates or service providers solely to the extent necessary to operate, maintain, and provide the Services. Your Content may be used within the Services to enable features such as sharing or collaboration with other users, strictly in accordance with these Terms and applicable privacy and confidentiality protection.
3.5 Subject to Section 3.4, As between you and Beeble, you retain all rights and ownership to and in your Content. We do not claim any ownership rights to your User Content or Outputs. Notwithstanding the foregoing, given the nature of the Services, you acknowledge that: (a) Output may not be unique across users and the Services may generate the same or similar output for another user under similar terms; and (b) we do not represent or warrant that the Outputs are protectible by any intellectual property rights under applicable law.
3.6 You, as a user, shall resolve any legal claims from third parties, including but not limited to copyright or other intellectual property rights claims and damages claims in relation to your Content, at your own responsibility and expense. Beeble bears no responsibility for the creation, use, reproduction, distribution, display, or utilization of User Content.
4. Feedback.
4.1 You agree that any feedback, suggestions, ideas, or other information or materials regarding Beeble or the Services that you provide, whether by email or otherwise (“Feedback”), are non-confidential. You hereby grant to Beeble a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive the enforcement against us and our licensees of any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.5. Sharing Your Content.
5.1 Beeble may provide features that allow you to Share your Content, including your User Content and Output, with other users or to make it public. Other users may use, copy, modify, distribute, or Share your Content in many ways. Please carefully consider what you choose to Share or make public as you are responsible for the Content that you Share. 5.2 We do not monitor or control what others do with your Content. It is your responsibility to establish the boundaries and limitations on the use of your Content. You should communicate to other users how your Content can be shared. Additionally, it is your responsibility to provide a disclaimer regarding your own level of accessibility. 5.3 Any comments that you submit to Beeble are deemed User Content, are not anonymous, and may be viewed by other users. In some Services, your comments may be deleted by you, by other users, or by us. 5.4 If you delete Content (excluding Feedback) from Beeble, we will stop making that Content publicly available within a reasonable amount of time. Some copies of your Content may be retained as part of our routine backups. Further any Content that has been shared or made public may continue to exist on servers not controlled by Beeble, and we are not responsible for any use of Content that you have Shared or made public.6. Beeble Intellectual Property.
6.1 Unless otherwise expressly stated and except for your Content and the User Content of other users, all right, title, and interest in and to the Services and the materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials, interactive elements, compilation, compute code, products, look and feel, features, software, names, logos, trademarks, and other elements of the Services (collectively, “Beeble Intellectual Property”), as well as their selection and arrangement, belongs to us, or our licensors, and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws. Unauthorized use of Beeble Intellectual Property may violate such laws and these Terms. Except as expressly provided in these Terms, Beeble does not grant any express or implied rights to use Beeble Intellectual Property. Nothing in the Terms gives you a right to use the Beeble name or any of the Beeble trademarks, logos, domain names, and other distinctive brand features. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Beeble Intellectual Property. 6.2 We further reserves all rights not expressly granted in these Terms.7. Prohibited Activities.
7.1 In addition to the other restrictions outlined in these Terms, you agree that you will not:(a) Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms or the terms of any third party that govern a particular Service;
(b) Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
(c) Compromise the security of the Services, including by Sharing any viruses, worms or other malicious computer programming codes that may damage the Services;
(d) Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials in connection with the Services;
(e) Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials);
(f) Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Services;
(g) Use any data mining or similar data gathering and extraction methods in connection with the Services and Software, including data scraping for machine learning or other purposes;
(h) Use or attempt to use another user’s account without authorization;
(i) Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
(k) Buy, sell, rent, lease, sublicense, or otherwise offer in exchange for any compensation, access to your Beeble account, a Beeble username, or a friend link without Beeble’s prior written consent;
(l) Develop any third-party applications that interact with User Content or the Services without our prior written consent; and
(m) Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
7.2 You further agree to abide by any third-party terms that apply to the Services or when posting reviews of Beeble, including the iTunes App Store Terms of Service or the Android Market Terms of Service. Posting Beeble usernames in app store reviews is strictly prohibited and may result in us deleting your Beeble account.
8. Your Access To the Services.
8.1 Subject to your compliance with these Terms, Beeble grants you a limited, personal, worldwide, revocable, non-assignable and non-exclusive license to download, install and use a copy of the Application on a single device that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Beeble, in the manner permitted by these Terms. 8.2 Account Information. You may need to create an Account with us, or have a valid account on a social networking service (“SNS”) through which you can connect to the Services, as permitted by the Services (each such account, a “Third-Party Account”) in order to use our Services. It is your responsibility to keep your log-in credentials secure and you agree to notify us immediately of any unauthorized use of your password or any other breach of security. You are responsible to Beeble for all activities that occur via your account and you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by such minors. In registering an Account on the Services, you shall (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any Registration Data that is untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that any information you provide is untrue, inaccurate, incomplete or not current, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). 8.3 Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Beeble. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not have more than one Account at any given time. We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Services if you have been previously removed by Beeble, or if you have been previously banned from any of the Services. 8.4 The Services may allow you to link your Account with a Third-Party Account by allowing Beeble to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers. By granting us access to any Third-Party Account, you understand that we may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Services. Unless otherwise specified in these Terms, all SNS Content is considered to be your User Content. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Services. If a Third-Party Account or associated service becomes unavailable, or our access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Services. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Account” page. YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND BEEBLE DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and are not responsible for any SNS Content.9. Free Trials.
If we choose to offer any Services on a free trial or beta basis (“Trial Services”), such Trial Services shall be available free of charge, until the earlier of (i) the end of the Trial Services period established at the beginning of such trial, (ii) the start date of any Subscription to the Services, if you purchase one, or (iii) termination of the Trial Services by us in our sole discretion. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, EACH TRIAL SERVICE IS PROVIDED “AS IS” AND WE MAKE NO REPRESENTATION OR WARRANTY AND SHALL HAVE NO INDEMNIFICATION OR SERVICE LEVEL OBLIGATIONS WITH RESPECT TO ANY TRIAL SERVICE. WE SHALL HAVE NO LIABILITY OF ANY TYPE WITH RESPECT TO ANY TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW, IN WHICH CASE OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO SUCH TRIAL SERVICE IS ONE-HUNDRED DOLLARS ($100). YOU SHALL NOT USE THE TRIAL SERVICES IN A MANNER THAT VIOLATES APPLICABLE LAWS AND, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, WILL BE FULLY LIABLE FOR ANY DAMAGES CAUSED BY ITS USE OF EACH TRIAL SERVICE. ANY OF YOUR USER CONTENT ENTERED INTO A TRIAL SERVICES ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE TRIAL.10. Third-Party Application Access.
With respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you shall only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple Media Terms of Service, except that such App Store Sourced Application may be accessed, acquired, and used by other accounts associated with the purchaser via Apple’s Family Sharing function, volume purchasing, or Legacy Contacts function. Notwithstanding the first sentence in this section, with respect to any Application accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group. 10.1 Accessing and Downloading the Application from the Apple App Store. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:(a) You acknowledge and agree that (i) these Terms are concluded between you and Beeble only, and not Apple, and (ii) Beeble, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Beeble and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Beeble.
(d) You and Beeble acknowledge that, as between Beeble and Apple, Apple is not responsible for addressing any claims you have or of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and Beeble acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Beeble and Apple, Beeble, 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.
(f) You and Beeble acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
(g) Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
11. Provision and Access of Paid Services (Including Subscription-Based Services).
11.1 Certain features of the Services require payment before they can be accessed (the “Paid Services”). Prior to your use of the Paid Services, Beeble will provide any applicable Supplemental Terms that govern your use of the Paid Services such as the descriptions of the Paid Services, payment terms, service fee, subscription or service period, renewal, cancellation, return, exchange, or refund policies, use or service restrictions, and any device and minimum technical requirements. Beeble reserves the right to modify, suspend, or discontinue certain part of the Paid Services at its own discretion, and any Supplemental Terms related to the Paid Services can be revised or modified by Beeble. 11.2 Beeble uses Stripe, Inc. (“Stripe”) and its affiliates as its third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) (“Payment Processor”). If you make a purchase on the Services, you will be required to provide your payment details and any additional information required to complete your order directly to our Payment Processor. You agree to be bound by Stripe’s Privacy Policy (currently accessible at https://stripe.com/us/privacy) and its Terms of Service (currently accessible at https://stripe.com/ssa) and hereby consent and authorize us and Stripe to share any information and payment instructions you provide with one or more Payment Processor(s) to the minimum extent required to complete your transactions. Please note that online payment transactions may be subject to validation checks by our Payment Processor and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our Payment Processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our Payment Processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services. 11.3 You shall pay all fees or charges (“Fees”) to your Account in accordance with the fees, charges and billing terms in effect at the time a Fee is due and payable. By providing Beeble and/or our Payment Processor with your payment information, you agree that we and/or our Payment Processor is authorized to immediately invoice your Account for all Fees due and payable to us hereunder and that no additional notice or consent is required. You shall immediately notify us of any change in your payment information to maintain its completeness and accuracy. We reserve the right at any time to change our prices and billing methods in our sole discretion. You agree to have sufficient funds or credit available upon placement of any order to ensure that the purchase price is collectible by us. Your failure to provide accurate payment information to us and/or our Payment Processor or our inability to collect payment constitutes your material breach of these Terms. Except as set forth in these Terms, all Fees for the Services are non-refundable. 11.4 If you purchase access to the Paid Services on a time-limited basis (a “Subscription”), the Fee for such Subscription (“Service Subscription Fee”) will be billed at the start of the Subscription (“Subscription Service Commencement Date”) and at regular intervals in accordance with your elections at the time of purchase. Beeble reserves the right to change the timing of our billing and the right to change the Subscription pricing at any time in accordance with Section 1.4. If changes to the Subscription price occur that impact your Subscription, we will use commercially reasonable efforts to notify you, such as by sending an email to the email address associated with your Account. If you do not agree with such changes, you may cancel your Subscription as set forth in Section 11.5(a) (Cancelling Subscriptions Purchased via Beeble) or 11.5(b) (Cancelling Subscriptions Purchased via a Third-Party Application Store). 11.5 If you elect to purchase a Subscription, your Subscription will continue and automatically renew at Beeble’s then-current price for such Subscription until terminated in accordance with these Terms. The frequency at which your Subscription renews (i.e., weekly, monthly, annually, etc.) will be designated at the time at you sign up for the Subscription and may be modified by you via your Account settings. By subscribing, you authorize us to charge the payment method designated in your Account upon the Subscription Service Commencement Date, and again at the beginning of any subsequent Subscription period. Upon renewal of your Subscription, if Beeble does not receive payment, (i) you shall pay all amounts due on your Account upon demand and/or (ii) you agree that we may either terminate or suspend your Subscription and continue to attempt to charge your designated payment method until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new Subscription commitment period will begin as of the day payment was received).(a) Cancelling Subscriptions Purchased via Beeble. If you purchased your Subscription directly from Beeble, including via a Payment Voucher (as defined below) you may cancel your Subscription by logging into and going to the “Manage Billing & Subscription” page. If you do not wish your Account to renew automatically, or if you want to change or terminate your Subscription, you must contact Beeble at support@beeble.ai, or log in and go to the logging into and going to the “Manage Billing & Subscription” page.
(b) Cancelling Subscriptions Purchased via a Third-Party Application Store. If you wish to cancel, change, or terminate a Subscription that you purchased from a third-party application store, you must do so prior to the date of such Subscription’s renewal via such third-party application store.
(c) Effect of Cancellation. If you cancel your Subscription, you may use your Subscription until the end of your then-current Subscription term; your Subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the Service Subscription Fee paid for the then-current Subscription period.
11.6 You may use coupons or vouchers that may be sold through third parties on behalf of Beeble, including Beeble’s affiliates, to purchase access to the Paid Services (“Payment Vouchers”). In such a case, you may be subject to the specific terms and policies of those third parties, including the method of using the services, cancellation of subscription, refund, etc. in addition to these Terms of Use.
11.7 The Fees do not include any Sales Tax (defined below) that may be due in connection with the Services provided under these Terms. If we determine we have a legal obligation to collect Sales Tax from you in connection with these Terms, we shall collect such Sales Tax in addition to the Fees. If any services, or payments for any services, under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to us, you shall be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you shall indemnify us for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
12. Refund Policy.
12.1 If you wish to request a refund, please contact our support team at support@beeble.ai. Our refund protocol is as follows: Refunds for Subscription Payment.(i) Full refund of the most recent Service Subscription Fee if there is no usage of the Paid Services within seven (7) days after that payment.
(ii) After such seven (7) day period, if the Paid Services have not been accessed or used in any way, we consider the Subscription term as a thirty (30) day period from the most recent payment of the Service Subscription Fee. A refund may be provided at our discretion and would be calculated based on the days remaining in the Subscription term on the refund requested date.
(iii) If the Paid Service has been accessed or used in any way, Beeble will not provide a refund.
Conditions for Refunds.
(a) If Beeble, in its discretion, determines that you have misused the Services or made any misrepresentation, the refund request may be declined.
12.2 Changes to the Policy.
(a) Beeble may update this Refund Policy at any time. Before any updated policy comes into effect, notice of changes will be provided on https://beeble.ai and to the email associated with each users’ account.
13. Our Disclaimer of Warranties.
13.1 You acknowledge and agree that by accessing or using the Services, you may be exposed to materials from others that you may consider offensive, indecent, or otherwise objectionable, and agree to accept that risk. Views expressed on our website or through our Services do not necessarily reflect our views. We do not support or endorse certain content posted by you or other users. Certain content from others may be incorrectly labeled, rated, or categorized. You are solely responsible for all of your communications and interactions with third parties on the Services. YOU ACKNOWLEDGE AND AGREE THAT BEEBLE IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD BEEBLE LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU UNDERSTAND THAT BEEBLE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS. 13.2 Disclaimer of Warranties: YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT, INCLUDING THE OUTPUT, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FOR EXAMPLE AND NOT LIMITATION, WE MAKE NO WARRANTY THAT (a) THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR WILL BE CONSISTENTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE OUTPUT THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR THAT (c) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES, OR CONTENT WILL BE CORRECTED. 13.3 ANY CONTENT, INCLUDING THE OUTPUT, DOWNLOADED FROM, GENERATED BY, OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND/OR ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. 13.4 FROM TIME TO TIME, BEEBLE MAY OFFER NEW TRIAL SERVICES WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT OUR SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS. 13.5 WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU AGREE THAT YOU ARE RESPONSIBLE FOR USING YOUR BEST JUDGMENT AND EXERCISING CAUTION IN THE PURCHASE OF SUCH GOODS AND SERVICES. 13.6 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.14. Our Limitation of Liability.
14.1 TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BEEBLE OR THE BEEBLE PARTIES (AS DEFINED BELOW) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OF, OR INABILITY TO USE, THE SERVICES; (B) THE PROVISION OF THE SERVICES OR ANY MATERIALS AVAILABLE THEREIN; (C) THE CONDUCT OF OTHER USERS OF THE SERVICES; (D) OR THESE TERMS, ON ANY THEORY OF LIABILITY INCLUDING WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR PRODUCT LIABILITY EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. YOU FURTHER ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY OF A BEEBLE PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A BEEBLE PARTY’S NEGLIGENCE; OR FOR (A) ANY INJURY CAUSED BY A BEEBLE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. 14.2 TO THE FULLEST EXTENT PERMITTED BY LAW, IF BEEBLE IS FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, ANY CONTENT, OR THESE TERMS, BEEBLE’S AND THE BEEBLE PARTIES’ AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU ACTUALLY PAID FOR THE SERVICES IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.15. Governing Law & Dispute Resolution.
15.1 You agree that these Terms shall be construed and governed by the laws of the state of Delaware. 15.2 Any litigation over a dispute arising between Beeble and you shall be subject to the exclusive jurisdiction of the state and federal courts of New Castle county, Delaware. 15.3 If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.16. Termination.
16.1 The term of these Terms commences on the date when you accept these Terms (as described in the preamble above) and continues in full force and effect while you use the Services, unless terminated earlier in accordance with these Terms. 16.2 If you fail to comply with any of these Terms, or if we are required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), We have the right to, immediately and without notice, suspend any Service provided to you and terminate these Terms. In case of such termination, you must cease all use of the Services, and we reserve the right to immediately revoke your access to the Services. Our failure to exercise or enforce these Terms will not constitute a waiver of such term or any of our rights or remedies. 16.3 You can terminate these Terms by stopping your use of our Services at any time and notifying us of such termination. ANY SUCH TERMINATION WILL BE EFFECTIVE AT THE END OF THE THEN-CURRENT TERM OF ANY AND ALL OF THE SUBSCRIPTIONS AS SET FORTH IN SECTION 11.5, WHICH WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN SECTION 11.5. 16.4 We may add, modify, or remove features or functionalities, and we may suspend or stop a Service. We may also stop providing Services to you, or add or create new limits to our Services at any time. 16.5 Any fees paid for our Services prior to termination, are only refundable in accordance with Section 12. In addition, termination of your Account does not relieve you of any payment obligations. 16.6 If the Services are terminated or discontinued, then we will make commercially reasonable efforts to notify you and provide an opportunity to retrieve your Content. If your group administrator terminates your access to a Service, then you may no longer be able to access Content that you or other members of the group have posted to a shared workgroup or shared workspace. 16.7 Beeble reserves the right to terminate these Terms and any Supplemental Terms in relation to the Paid Services or any other Services if Beeble reasonably believes that the continuation of its relationship with you and provision of such Paid Services or the Services would no longer be possible.17. Indemnification.
You agree to indemnify, defend, and hold harmless Beeble and our affiliates, officers, employees, agents, partners, suppliers, and licensors (the “Beeble Parties”) against any losses, liabilities, claims, causes of action, and expenses (including, but not limited to, reasonable attorney’s fees and costs of investigation, whether before or after assertion of a formal claim, and reasonable litigation expenses) arising out of or relating to (i) your User Content; (ii) your use of, or inability to use, the Services or your Output; (iii) your violation of these Terms; (iv) or your violation of any applicable law, regulation, or the any rights of another party, including any user. Beeble reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Beeble in asserting any available defenses. This provision does not require you to indemnify any of the Beeble Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, these Terms and/or your access to the Services.18. General Terms.
18.1 Export Control. You acknowledge that the Services, and your use and handling of the Services, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the Services and Content. You agree to comply with all such laws, restrictions, and regulations. 18.2 Assignment or Transfer. You can’t assign or transfer your rights or obligations under these Terms to someone else without Beeble’s written permission. We can transfer our rights and obligations to you (if we are acquired by or merge with another company, sell one of the Services, or otherwise) without your permission. 18.3 Entire Agreement. These Terms, and any Supplemental Terms are the entire and exclusive agreement between Beeble and you regarding the Services, and these Terms supersede and replace any prior agreements between Beeble and you regarding the Services.If you have questions about these Terms, please contact us at support@beeble.ai.