End User License Agreement
PLEASE READ CAREFULLY THE FOLLOWING LICENSE AGREEMENT.
BY USING THE BeAtContact SYSTEM (Software Elements), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THIS TERMS OF LICENSE, PLEASE CEASE USING THE BeAtContact Software Elements IMMEDIATELY.
TO ENTER INTO THIS LICENSE AGREEMENT, YOU MUST BE AN ADULT. IF YOU ARE A CHILD, YOU MUST ASK ONE OF YOUR PARENTS OR LEGAL GUARDIAN TO READ AND ACCEPT THIS LICENSE AGREEMENT FOR YOU. PARENT(S) OR HOLDER(S) OF PARENTAL RESPONSIBILITY MUST ACCEPT THIS LICENSE AGREEMENT ON YOUR BEHALF AND TAKE FULL RESPONSIBILITY FOR ALL OBLIGATIONS IMPOSED ON AN END USER PURSUANT TO THE TERMS OF THIS LICENSE AGREEMENT.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT OR WHEN YOU ARE NOT AN ADULT, YOU MUST ABORT THE INSTALLATION OF THE SOFTWARE AND/OR DELETE THE SOFTWARE ELEMENTS.
BY USING THE SOFTWARE ELEMENTS, OR CLICKING THE BUTTON INDICATING YOUR ACCEPTANCE IN THE WINDOW CONTAINING THE LICENSE AGREEMENT, OR ENTERING CORRESPONDING SYMBOL(S) YOU REPRESENT THAT YOU ARE AN ADULT AND ARE EITHER ACCEPTING THIS LICENSE AGREEMENT ON BEHALF OF YOURSELF OR YOUR CHILD AND YOU TAKE FULL RESPONSIBILITY FOR ALL OBLIGATIONS IMPOSED ON AN END USER PURSUANT TO THE TERMS OF THIS LICENSE AGREEMENT.
ALSO USING THE SOFTWARE, OR CLICKING THE BUTTON INDICATING YOUR ACCEPTANCE IN THE WINDOW CONTAINING THE LICENSE AGREEMENT, OR ENTERING CORRESPONDING SYMBOL(S) CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT AND ENTITLES YOU THE RIGHT TO USE THE SYSTEM ELEMENTS IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
DEFINITIONS
(a) BeAtContact System (means: System, System Instance, BeAtContact System Instance) - Devices with BeAtContact System Elements installed and configured to exchange data between each other via one and the same System Email Account.
(b) BeAtContact System Elements (means: Product, Applications, System Elements, Software Elements, Elements, Software, Elements of the System) - Be-Contact applications and Be-Maps applications installed and configured on devices to exchange data between each other via one and the same System Email Account.
(c) BeAtContact System Instance Users (means: System Users, System Instance Users) - users of the devices who (for safety, security, messaging and information purposes) agreed to exchange data between each other via the System Email Account with use of BeAtContact System Elements.
(d) System Email Account (means: Email Account) - one email account used only for the purpose of exchange data between devices linked by BeAtContact System Elements
(e) Features - technical capabilities of BeAtContact System Elements.
This terms of License is a legal contract between you and BeAtContact (BeAtContact.Com), governing your use of Software Elements of the System where the System code is owned by BeAtContact and Licenced to you.
LICENSE GRANT
All BeAtContact System Elements are licensed to you and not sold. BeAtContact grants you a personal, non-exclusive, non-transferable license and non-sub licensable license to use the Software Elements only for your personal or internal business use. You will retain all ownership rights and responsibilities in User Data that you connect with in your OWN installation of BeAtContact System Instance.
LEGAL AGREEMENT
You agree to obey all the applicable laws of your country regarding to the use of BeAtContact System Instance & System Elements. You must own the device or have written permission from the owners of the device before downloading, installing, activating BeAtContact Elements of the System on that device. The user of the device must have knowledge (be informed by you) that you are connecting the devices into one System Instance. BeAtContact assumes no responsibility if you install, download and activate BeAtContact Elements of System on a device (i.e. 'mobile phone', 'tablet', 'computer') without the knowledge and permission of its Legal owner. You agree that BeAtContact is not responsible and accepts no liability for any misuse or damages. As soon you download, install or active BeAtContact Elements of System, you agree to obey all the laws of your country and assume all responsibility of the way you use BeAtContact Elements of System.
LEGAL DISCLAIMER:
BeAtContact System Elements are designed for communication and safety of people supporting pro-active geo-communication and ethical safety monitoring:
for people's own safety or to monitor their premises, or
for parents who wish to stay in touch communicate and monitor safety of their underage children or
for family members / partners / friends who wish to stay connected, communicate and for caring and security purposes with their consent or
for employers who wish to stay connected for security purposes with their written consent.
The buyer of the BeAtContact License must own the device, be a legal guardian, must have consent from their family member / partner / friend / employee granting them permission to connect to the System Instance before they install and activate the BeAtContact Elements of System on the device not belonging to you (in this scenario you must explain the other person what BeAtContact System Elements do).
BeAtContact software must not be used to ‘Bully’ or ‘Harass’ or 'Stalk' or 'Spy' anyone. BeAtContact software must not be used on a device of any person over 18 without their written consent.
If you attempt to use BeAtContact software to link/monitor a device you do not own or have proper consent to do so by the owner of the device, you may be breaking local applicable laws. In such case we will cooperate with the law officials to full extent.
BeAtContact software does not assume any liability for any misuse or damages caused by your use of your BeAtContact System Instance. It is the responsibility of the buyer of the license to obey all laws of their country and use BeAtContact software legally.
You are taking full responsibility for using BeAtContact System Elements in legal way, you must use it only for legal purposes and must not brake any applicable laws. It is the responsibility of the user of BeAtContact System to ascertain, and obey, all applicable laws in their country and other countries applicable in regard to the use of BeAtContact System Elements. It is the user's responsibility to follow all the laws in their applicable countries and BeAtContact will not be held accountable for any illegal use of the product. By downloading and installing BeAtContact System Elements, you pledge that BeAtContact bears no responsibility from here on forth. Installing BeAtContact System Elements on another person's device without their knowledge can be considered as an illegal activity in applicable country. It is the user's responsibility to carry out research regarding their country's laws before buying BeAtContact System Elements. By purchasing, downloading, installing or activating BeAtContact System, you hereby agree to the above.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL NOT:
Use the BeAtContact System for any illegal purpose, or in violation of any laws, including, without limitation, laws governing intellectual property, data protection and privacy, and import or export control;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the BeAtContact System, features that prevent or restrict use or copying of any content accessible through the BeAtContact System, or features that enforce limitations on use of the BeAtContact System;
Intentionally interfere with or damage operation of the BeAtContact System or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, programmed worms, or other malicious code;
Post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights; or Use any robot, spider, scraper or other automated means to access the BeAtContact System for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the BeAtContact System or modify the BeAtContact System in any manner or form, nor to use modified versions of the BeAtContact System, including (without limitation) for the purpose of obtaining unauthorized access to the BeAtContact System Elements.
Sell or transfer or allow another person to access your BeAtContact System.
Download, Install or Activate BeAtContact System Elements on a device that is not owned by you, or when you do not have a written consent to do that.
Breach of any laws of your country or the country the device is in by downloading, installing or activating BeAtContact System Elements on someone’s device.
Collect data using BeAtContact Software from a device, which is not owned by you or without the knowledge and consent of the owner of the device.
SUBSCRIPTIONS; CONDITIONS
Your BeAtContact System may comprise of multiple devices connected together with System Elements.
You are aware that you may use the System for more than one device when purchasing one license for each of System Elements per each device
Your license renewal will automatically be reminded one month before on your Phone and on your Application Store Account.
You are exclusively responsible for any activity that occurs on your BeAtContact System and System Elements. It is your responsibility to keep your System access information secure and to prevent unauthorized access to your account by any third parties.
BeAtContact is not responsible for any breach of security or unauthorized use of your System. The System and its Elements is delivered AS IS and BeAtContact is not responsible for any losses caused by use of your System in authorized or unauthorized way.
You are responsible for all activities that occur on your BeAtContact System Instance.
You agree not to use the BeAtContact System if you have been previously banned from using BeAtContact products for any reason.
In case you forgot your password to the System, you are permitted to restore access.
SECURITY
BeAtContact cares about the integrity and security of your personal information. We took reasonable precautions to safeguard your data on your System Instance.
You acknowledge that you provide your personal information to the payment provider when placing your order for the BeAtContact Software Elements and related BeAtContact services or subscriptions.
BeAtContact is not responsible for any data leaks, memory leaks, or other data integrity problems in databases or files created by System.
You agree that you are obligated to retain (in your System Email Account) the public encryption key and other data generated for you by BeAtContact System.
In case of disclosure of your System data, including any logs, personal information, contact information, and/or payment information, BeAtContact will not be held responsible.
You acknowledge that BeAtContact does not encourage its users to exploit the BeAtContact System illegally.
VIOLATIONS; TERMINATION
You agree that BeAtContact may terminate or suspend your BeAtContact License/Licenses without prior notice and without liability if such termination or suspension is based on:
(a) BeAtContact good faith belief you have violated any of the terms and conditions of this Agreement,
(b) BeAtContact determination that you repeatedly infringe or have infringed the copyrights of others,
(c) non-payment of any fees owed to BeAtContact. These remedies are in addition to any other remedies BeAtContact may have at law or in equity.
INDEMNIFICATION; HOLD HARMLESS
You agree to indemnify, defend, and hold harmless BeAtContact, its affiliated companies and its suppliers and partners (including, without limitation, BeAtContact’s partners) from any and all claims, suits, actions, losses, costs, damages and any other liabilities, including attorneys’ fees, arising out of or related to:
(a) your use or misuse of the BeAtContact Features,
(b) any violation of the rights of any other person or entity by you, or
(c) any breach or violation by you of this Agreement.
BeAtContact reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
LIMITATION OF LIABILITY AND DAMAGES
To the extent permitted by applicable law and our Ts&Cs, BeAtContact or its affiliates, contractors, employees, agents, or third-party partners (including, without limitation, BeAtContact’s partners) or suppliers will not be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages relating to your use of the BeAtContact System, even if BeAtContact has been advised of the possibility of such damages. You agree that the limitations of liability set forth in this section will survive any termination or expiration of this agreement and will apply even if any limited remedy specified herein is found to have failed of its essential purpose. In no event shall BeAtContact’s (or its affiliates, contractors, employees, agents, suppliers, or third-party partners including, without limitation, BeAtContact’s any partners’) total liability to you for all damages, losses, and causes of action arising out of or relating to this agreement exceed the amounts paid by you for accessing the BeAtContact System during the six (6) months immediately preceding the date of your claim.
RESERVATION OF RIGHTS
The BeAtContact System and all content, visual interfaces, information, graphics, design, compilation, computer code, products, software, trademarks, service marks, trade names and services are the property of BeAtContact or its subsidiaries or affiliated companies and/or third-party licensors. Except for the user Limited Time License granted to you, no right, title or interest is granted to you, whether by implication, estoppel or otherwise.
RESTRICTIONS
You acknowledge and agree that you will not:
(a) reproduce or attempt to reproduce the BeAtContact System and/or its Elements;
(b) modify, adapt, translate or create any derivative works of the BeAtContact System and/or its Elements, or attempt to do the foregoing;
(c) attempt to circumvent or disable the BeAtContact System or any technology, features or measures in the BeAtContact System by any means or in any manner;
(d) attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the BeAtContact System Elements;
(e) distribute, encumber, sell, rent, lease, sublicense, or otherwise transfer, publish or disclose the BeAtContact Software to any third party;
(f) use for a service bureau or otherwise commercialize or attempt to commercialize use of the BeAtContact System; or
(g) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the BeAtContact System Elements or used in connection with the BeAtContact License.
USER DATA AND LOCATION DATA
The BeAtContact System allows the submission of content including multimedia files (” User Data “), and the hosting, storing, sharing and/or publishing of such User Data on devices liked only to Your System Instance. You shall be solely responsible for your System Users' Data and the consequences of storing or transmitting them.
BeAtContact assumes any data that is uploaded/shared using the BeAtContact System License purchase by you is your data and hence will not be liable for anything related to that data.
BeAtContact assumes no responsibility whatsoever in connection with or arising from System Users' Data or for actively monitoring User Data for inappropriate or illegal content. BeAtContact does not endorse and has no control over the content of Sustem Users' Data transferred between your System Instance Users. In addition, certain BeAtContact System Features may use data received or obtained from Linked Devices to determine locations of the Linked Devices(“Location Data “). By using the BeAtContact System, you hereby consent and permit your BeAtContact System Elements to use Location Data in accordance with the terms of our Privacy Policy. BeAtContact does not make any representation, warranty or guarantee of accuracy, completeness or timeliness of with respect to any Location Data. The above data are NOT stored in BeAtContact, the data are stored only on the devices linked to your System Instance and Your System Email Account.
PRIVACY POLICY:
It is BeAtContact policy that our customers data remain confidential and private. We are not storing your private or sensitive data and it is not possible to give these to other parties. Your System’s private and/or sensitive information is stored only on devices linked to your System Instance and your System Email Account.
We take reasonable precautions to protect the privacy of your information within your System Instance.
We do not collect private and/or sensitive information, that information is NOT transmitted to us in any way. The System is designed to share the data only within your own installation of your System Instance and only on the liked devices.
DATA SECURITY
To ensure the absolute security of your data, we recommend you protect your phone. Your System Elements will automatically delete all data that is more than defined number of days old. It holds no back up for your private data so deleting your information makes it permanently inaccessible on the device it was deleted from.
GDPR COMPLIANCE
To comply to GDPR requirements, please note the following
Only customers over the age of 18 can purchase the license.
We hold the following information about our customers
License number and linked licenses with purchase and expiry dates.
Payment transaction history linked to license.
We do not hold credit card, name or address information.
DATA DELETION
Device data can be deleted at any time by the customer by deleting the System Elements. This can be done on the device or inside the application.
Any collected (not Memorized) data older than defined number of days is automatically deleted by the individual System Elements. Please move to Memories the data you want to keep longer than defined number of days.
Data deletion is permanent and cannot be recovered.
There is no other data held about the customer.
Your Date are stored only within the instance of your System, BeAtContact does not store your System Data, your Data is not shared with any third party.
Your Data is not processed, analyzed, mined or profiled by BeAtContact.
Please contact support for any questions relating to data security.
MODIFICATION OF THIS AGREEMENT
BeAtContact may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the BeAtContact.Com site, and you agree to be bound by any changes to the Terms of this End User License Agreement when you continue to use the BeAtContact System Elements after those changes are posted.
COMPATIBILITY POLICY
This article describes BeAtContact’s commitment to compatibility of target devices for the Software application installation.
It also describes how a user may introduce changes to a target device for the Software application installation.
PLEASE READ CAREFULLY THE COMPATIBILITY POLICY BEFORE PURCHASE OR PLACING AN ORDER FOR SUBSCRIPTION.
Compatibility Policy provides the following requirements for different target devices and operational systems:
BeAtContact Requirements for Android smartphones and tablets:
- The linked device must be running Android 8 or higher
- The Android device must be connected to the Internet.
- You need physical access to the device to install BeAtContact System Elements.
- No rooting is required, the System Elements will detect which features are supported.
BeAtContact System Elements Requirements for iOS devices:
we do not support iOS devices yet.
LEGAL INFO
You are aware that before installing the Software you have to check the requirements of compatibility of your target device.
In case your device is not compatible with the Compatibility Policy you may not install nor use the Software application and all negative consequences and responsibility will be endured by you.