TERMS AND CONDITIONS (means Ts&Cs)
PLEASE READ THIS TERMS OF USE CAREFULLY.
THESE TERMS AND CONDITIONS ARE BINDING.
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.
In this Ts&Cs “BeAtContact.Com”, “we”, “us” and “our” means BeAtContact. This Ts&Cs are integral part of our License Agreement.
By using the BeAtContact applications, system and service you are agreeing to be bound by the following Terms And Conditions.
Welcome to the BeAtContact products, applications, systems and services (hereinafter called the “System”). System consists of your System Instance Email Account and/or Be-Contact applications and/or Be-Maps applications. These applications are installed only on the devices owned or provided by you (you must be legally entitled to install and configure applications on the device).
These Terms and Conditions of Use (hereinafter - the “Ts&Cs”) describe the terms and conditions applicable to your access and use of your own System Instance with System Elements made available through on-line shops or any other form of installing applications. These Ts&Cs sets forth the legally binding Terms and Conditions under which BeAtContact provides you access to the System Elements.
Your use of the System Elements signifies that you agree to these Ts&Cs and constitutes your binding acceptance of these Ts&Cs, including any modifications that BeAtContact makes from time to time.
1. Principal Points
1.1 The System Elements shall be used only with the aim of:
(a) connecting family or friends,
(b) your own safety or people safety or control of children,
(c) use on a device, which is in your ownership and/or you are legally entitled to it,
(d) connected to your System Instance with you having legal right to do so or with you having consent of the device owner.
1.2 To purchase and use our System limited time license you should do this via trusted online shop (i.e. Play Store).
1.3 BeAtContact only receives the payment provided by you, we do not store or process any of your information or data.
1.4 By providing your payment information while purchasing the Software you are aware that BeAtContact does not collect this information, it is the Payment Provider that receives payment details.
1.5 You are aware that BeAtContact is not responsible for any third party data security and/or memory leak in databases and/or DNS servers and/or firewalls and/or email servers.
1.6 You will not use the System Instance and its Elements in violation of any laws you are subject to. Notwithstanding the foregoing, BeAtContact is not responsible for your way of access to System, or use of the System Instance and its Elements.
1.7 You consent to BeAtContact before placing the order to read the Compatibility Policy and to check the requirements of your target device according to the Compatibility Policy.
1.8 You understand that you require a physical access to a device to install the System Elements.
1.9 You agree that BeAtContact is not responsible or liable in any manner for the installation or misuse by you of the System Elements on the devices connected to your System Instance.
1.10 You will properly follow all instructions and documentation provided by BeAtContact to you at BeAtContact.Com.
1.11 You will not allow any other third party to access your System Email Account or to utilize the System. In case the access to your System Email Account was granted to a third party deliberately or by mistake or in any other way without your consent you acknowledge that BeAtContact does not bear the responsibility for it.
1.12 You will only install the System Elements on devices of which you are the owner or you received a consent from such an owner.
1.13 We reserve the right to modify, terminate or refuse BeAtContact Products and/or Features to anyone for any reason, without notice at any time. This can be done only by revoke of the license.
1.14 We reserve the right to alter this Ts&Cs at any time.
2. Subscription
2.1 To avail of the System you should place the order in the on-line shop and purchase the System Elements, prepare System Email Account, download and configure the required applications which will be parts of your System Instance.
2.2 The System provides the defined features according to purchased System Elements ordered by user/users of the System Instance. The Products’ features depend on your device, the quantity of features, which you may choose and/or a limited subscription timeframe.
2.3 Under your System Instance you may have connected several Be-Contact and/or Be-Maps subscriptions.
2.4 From the on-line shop we get only payment confirmation and you get a limited time license, we do not store any of your personal information or other data related to or from your devices. We only will store license number and activation date.
2.5 Following the purchase of the System your data (from all devices) will be sent only via your own System Email and/or other digital transfer betwen your Instance users/devices so you could access your data.
2.6 Your System will use your encryption key, which will be used to encrypt your data transmitted between devices. The key will be generated for each device connected to your System Instance, please remember the password in case you will want to reinstall or reconfigure your System.
2.7 You may choose the subscription plan for System Element for periods of 12 months.
2.8 You are aware that you may use the System Instance with more than one device when purchasing System Elements for each device connected to your System Instance.
2.9 Subscription (for each of the System Elements) is not automatically renewed (unless you have chosen differently in the online shop). You will receive a reminder on each device and you will have to follow a payment link or an on-line shop link to renew.
2.10 Your System Instance will link only your System Instance devices. When setting up the devices, you must provide accurate and complete information.
2.11 You are solely responsible for the activity that occurs from/to/on your System Instance and System Elements.
2.12 You should not disclose your System Email details to anyone not entitled to use your System Instance.
2.13 You must notify BeAtContact immediately of any breach of security or unauthorized use of your System and if you believe that security has been compromised.
2.14 BeAtContact will not be liable for any losses caused by any unauthorized use of your System.
2.15 Your Linked Devices (Elements) may interact only with your System Instance.
2.16 You are responsible for all activities that occur in relation to all your Linked Devices (Elements) under your System Instance.
2.17 You agree to use any devices connected to your System according to current law and legislation of the country the devices are in. You are responsible to check the law and be compliant with the applicable legislation.
2.18 In case you forgot your password to the System Element config you may restore the access by reinstalling the System Elements on that device (current data will be lost).
3. System
3.1 The System may only be used only within scope of this Ts&Cs and the End User License Agreement, and its updates, rules, restrictions or documentation set forth by BeAtContact from time to time.
3.2 You understand that BeAtContact, is not able to access any of the devices connected to your System Instance.
3.3 BeAtContact reserves the right to add or remove features or functions to the System and Applications at any time in its sole discretion.
3.4 You may use all features on a device without jailbreaking or rooting it. Depending on the device model some features might not be available.
3.5 In case your device was unlinked from Your System Instance due to an update of one of the devices sometimes the data might be lost and/or Elements may require to be reconfigured on the device.
3.6 In case you have any technical question, please contact customer service at Support@BeAtContact.Com
4. Acceptance
4.1 By using the System you represent that you have read and consent to these Ts&Cs and our End User License Agreement, Privacy Policy, Refund Policy, Cookie Policy and Compatibility Policy.
4.2 BeAtContact may revise these Ts&Cs, End User License Agreement, Privacy Policy, Refund Policy, Cookie Policy and Compatibility Policy at any time, without notice, and the new versions will be available on the OnLine Store.
4.3 If at any point you do not agree to any portion of these Ts&Cs, End User License Agreement, Privacy Policy, Refund Policy, Cookie Policy and Compatibility Policy, you must immediately stop using the System Instance and System Elements and uninstall all the applications linked to your System.
5. Security
5.1 BeAtContact cares about the integrity and security of your personal information and we will try to improve our products.
5.2 You acknowledge that you provide your personal information to the Payment Provider while placing the order for the license of the System elements.
5.3 We do not store or process any of your personal or other information from your System Instance or its Elements. We only store your Time Limited License Key for each Element of Your System Elements just to keep track of the renewals or to cancel it while required.
5.4 BeAtContact does not store any Personal or Sensitive Information, user ID or email (login) or any password; all of it is known only to a user.
5.5 BeAtContact stores in its database your license details in encrypted way, it means BeAtContact does not have a direct access to such encrypted data. However, BeAtContact is not responsible for any third party memory leak in files or databases.
5.6 You agree that Elements of your System will retain the private encryption key generated for you by your System Instance based on your information provided.
5.7 BeAtContact does not collect/download logs and any other data from the Elements of your System.
5.8 In case of disclosure of data from the System Instance or System Elements - BeAtContact will not be held responsible for it.
5.9 BeAtContact does not control, monitor and/or is not aware of the use purpose of the System and BeAtContact cannot not be held responsible for such use thereof. It is at a user’s risk and responsibility.
5.10 You acknowledge that BeAtContact does not encourage its users to exploit the BeAtContact System illegally.
6. Requirements to the System users
6.1 When placing an order for the Product you acknowledge and agree that you are of the age above 18.
6.2 When installing the Element of the System on a device you acknowledge and agree that you are not violating any laws or regulations of the country the device is in; and
6.3 When installing the Element of the System on a device you acknowledge and agree that device device is owned by you; and
6.4 When installing the Element of the System on a device you acknowledge and agree that you are in agreement to connect with other users of the same System Instance and you notified and received the consent (to join the System Instance) from all owners of the devices connected to the same System Instance.
7. Compatibility of target device
7.1 You are aware that before placing an order for subscription you have to read carefully the Compatibility Policy and make sure your device is supported.
7.2 You are aware that before placing an order for a subscription you may install it with a 1 week free trial license from our website.
7.3 You are aware that before installing any Element of System you have to check the requirements of compatibility of your target device.
7.4 In case a target device is not compatible with the Compatibility Policy you may not install anything there and you may not use that as an Element of your System.
7.5 In case you have failed to comply with Compatibility Policy before the subscription you agree that it is your responsibility and you will not be refunded.
7.6 You understand that your device has be compatible with Compatibility Policy in order to use it as part of your System Instance.
7.7 You understand that we may stop supporting current devices API level to support the newest.
8. Software Updates
8.1 In an effort to improve the Features and Compliance, BeAtContact may update the Elements of your System from time to time.
8.2 You acknowledge and agree that BeAtContact may update the Elements of your System with or without notifying you.
8.3 You acknowledge and agree that BeAtContact may request you via pop-up or automated update to make such Elements of your System updated on all devices within your System Instance.
9. Free Trials
9.1 The BeAtContact System Element License may begin with a free trial period during which you can try out the Elements of your System for 7 (seven) days from the date you install it (hereinafter – the “Free Trial”). One license is provided per one trial device.
9.2 You might be required to enter your billing information on the on-line shop in order to place the order and avail of the Free Trial license.
9.3 Upon the expiry of the Free Trial you will be automatically redirected from your device to pay for the limited time license. You may choose not to extend the license.
9.4 You may uninstall Elements of your System at any time but you need access to that Device.
9.5 On uninstall you will immediately lose all access to the disconnected device and you will not receive any more data and information from that device. You will have to delete that data locally on other devices.
9.6 Any unused portion of the Free Trial period will be forfeited when you purchase a Limited Time License.
9.7 BeAtContact reserves the right to modify, cancel or limit the Free Trial without notice at any time.
10. Refunds and Returns.
10.1 Please review Refund Policy of the on-line shop you bought our Licence from. In that shop you might have a money-back guarantee if you are not satisfied for any reason.
10.2 Your eligibility for a refund may depend on the Product, license type, duration since the purchase transaction, etc.
11. Links
11.1 The System may contain links to websites operated by other parties, i.e. for payment purposes or marketing.
11.2 BeAtContact provides these links to other websites as a convenience, and use of these sites is at your own risk.
11.3 The linked sites are not under the control of BeAtContact, and BeAtContact is not responsible for the content available on the other sites.
12. Intellectual Property
12.1 Trademarks. Logo BeAtContact is a trademark/service mark in use by BeAtContact.
12.2 Unauthorized use of BeAtContact trademark, service mark or logo is a violation of the trademark laws and prevalent international intellectual property laws.
12.3 Copyright - The Site, Features, Software, and System are protected by the applicable laws and international copyright laws.
12.4 All intellectual property in the design , features and layout of our Products and the material and information published on its pages belongs to and is vested in BeAtContact or its licensors. You may not copy any part of this or otherwise do anything in relation to any part of the other than the following:
(a) You may print or download to a local hard disk pages from this for your personal and non-commercial use only,
(b) In material issued to third parties you may only quote from this site provided that such quote is not used in a misleading context and that you give due credit to both the author and to BeAtContact.
12.5 You may not otherwise use or reproduce any of this Product or the material contained within it in any manner other than those listed above without first obtaining the prior written permission of BeAtContact.
13. Disclaimer of warranties.
13.1 The System and the Licenses are provided on an “as is” and “as available” basis for your use, without warranties of any kind, either express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. BeAtContact makes no warranty as to the accuracy, completeness or reliability of any content available through, or the performance of, the System Instance or the System Elements. You are responsible for verifying any information before relying on it. Use of the product and/or the service is at your sole risk. BeAtContact does not warrant that you will be able to access or use the product and/or its features at the times or locations of your choosing; that the product or the features will be uninterrupted or error-free; BeAtContact does not warrant that defects will be corrected, or that the product or the features are free of viruses or other harmful components.
14. Limitation of liability; sole and exclusive remedy
14.1 To the extent of point 14.2, BeAtContact, its affiliates, licensors and business partners (collectively, the “related parties”) disclaim all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further disclaims all losses, including without limitation direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the site, the product and/or service, even if BeAtContact and/ or related parties have been advised of the possibility of such damages.
14.2 Without limiting the foregoing, in no case shall the liability of BeAtContact or any of the related parties exceed the amount that you paid to us or our designees during the six (6) months prior to the time the cause of action giving rise to liability arose.
14.3 Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of BeAtContact and its affiliates shall be limited to null, as BeAtContact does not agree to have the System Elements to be used in these countries, unless you agree to offset these claims to you – in that case as the License owner you might be liable for such claims as it is your installation of the System Instance.
15. Indemnification
15.1 You agree to indemnify, defend and hold BeAtContact and the related parties harmless from any and all claims, demands, damages or other losses, including reasonable attorneys’ fees, resulting from or arising out of your use of the System and its Elements, the Software and/or the Features or any breach by you of these Ts&Cs or any other policies that BeAtContact may issue for the System, the Software and/or Features from time to time.
16. Assignment
16.1 BeAtContact may assign these Ts&Cs, in whole or in part, to any person or entity at any time with or without your consent.
16.2 You may not assign the Ts&Cs without BeAtContact’s prior written consent, and any unauthorized assignment by you shall be null and void.
17. Notices.
17.1 All notices given by you or required under this Ts&Cs shall be in writing and addressed to:
- Support requests shall be addressed to Support@BeAtContact.Com
- Other requests shall be addressed to info@beatcontact.com
18. Entire Agreement.
18.1 These Ts&Cs, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the System Instance and/or System Elements and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the System, the Software and/or System Elements.
19. Termination of Limited Time License
19.1 The License may be terminated upon the expiration of the term.
19.2 BeAtContact reserves the right to deny License to any user at BeAtContact’s sole and absolute discretion.
19.3 The Products are offered with the understanding that BeAtContact may terminate any License at any time, for any reason or no reason, including without limitation for any violation of these Ts&Cs.
19.4 BeAtContact may stop offering and/or supporting the Products at any time.
19.5 BeAtContact may stop offering and/or supporting the License at any time.
19.6 BeAtContact reserves the right to deny License or if applicable terminate the License of any user or associated with a user that attempts to link the device of an individual, who has not received a consent of such device owner. In such cases BeAtContact reserves the right to block all Licenses associated with such potential violating behavior.
20. Legal Effect
20.1 These Ts&Cs describes certain legal rights and you agree your installation of the System Instance and connected to it System Elements is your legal responsibility. You may have other obligations under the laws of your state or country, which you have to check abd verify.
20.2 In case the laws of your state or country do not permit you to use the System or use not all features hereof you acknowledge and agree that it is upon your responsibility (when you do not agree to that please uninstall the System and its Elements).
20.3 For more information, please contact BeAtContact Customer Support on our email at support@beatcontact.com