Agreement Policy of BeeOurly service by Aixelent GmbH
September 6, 2024
These Terms of Use (“Terms” or “Agreement”) are a legal agreement between you and the creator and owner of the service BeeOurly – Aixelent GmbH (“BeeOurly”, “Company”, “we,” “our,” or “us”) and govern your use of all the text, data, information, software, graphics, photographs and more that we and our affiliates may make available to you (all of which we refer to as “Documentation”), including our websites, mobile applications and any services, plug-ins, software that we may provide through any of our websites (the “App” or “Website” and together with the Materials, these “Service(s)”). BeeOurly “Users” are the people who have created a BeeOurly account (also referred to as “Customer(s)”), and BeeOurly “Invitees” are people who have scheduled a meeting with a BeeOurly User but may or may not have registered with BeeOurly. A BeeOurly “Viewer” is a person who visits the BeeOurly Website but may or may not be a BeeOurly User or BeeOurly Invitee.
These Terms of Use ("Terms" or "Agreement") serve as a binding legal agreement between you and BeeOurly, owned by Aixelent GmbH ("BeeOurly," "Company," "we," "our," or "us"). These Terms govern your use of all materials, including text, data, information, software, graphics, photographs, and more collectively referred to as "Documentation," made available by us and our affiliates. This includes our websites, mobile applications, and any services, plug-ins, or software provided through our websites (referred to as the "App" or "Website" and collectively as the "Services"). We classify BeeOurly users into three categories: "BeeOurly Users" (also referred to as "Customers"), "BeeOurly Invitees," and "BeeOurly Viewers".
BeeOurly “Users” are people who have created a BeeOurly account (also referred to as “Customer(s)”).
BeeOurly “Invitees” are people who have scheduled a meeting with a BeeOurly User but may or may not have registered with BeeOurly.
BeeOurly “Viewers” are people who visits the BeeOurly Services but may or may not be a BeeOurly User or BeeOurly Invitee.
If you are entering into these Terms on behalf of a company or organization, you affirm that you are authorized to represent such an entity ("Authorized User").
Please read these Terms carefully before using our Services. Your use of the Services signifies that you have read and accepted these Terms. If you do not accept these Terms, you cannot use the Services. It's important to note that these Terms contain a dispute resolution and arbitration provision, which includes a class action waiver impacting your rights in case of disputes with BeeOurly.
For BeeOurly Users, Authorized Users, Viewers, or Invitees located in the European Economic Area, Switzerland, or the United Kingdom, the Data Processing Addendum accompanies these Terms and outlines additional terms applicable to your use of BeeOurly if it involves personal data of individuals in the European Economic Area, Switzerland, and the United Kingdom.
BeeOurly's Services are designed to facilitate online appointment scheduling. You may use the Services in accordance with these Terms.
When using the features of the Services, you must adhere to any agreements, policies, or guidelines related to those features, which may be updated from time to time. These agreements, policies, or guidelines, including the Privacy Policy are hereby incorporated by reference into these Terms.
General Use:
We encourage you to use these Services for your personal needs, not for the purpose of reselling (referred to as "Permitted Purposes").
Our Services are not intended for use by individuals under 18 years of age, except for educational purposes. By registering for a BeeOurly account, you confirm that you are at least 18 years old, and you are responsible for ensuring that all BeeOurly Users and Invitees are also at least 18 years old. Providing false information during account creation is a violation of our Terms, including creating an account on behalf of others or persons under the age of 18.
Account Setup
To use the Services, you need to establish a BeeOurly account. You can create either a free account ("Free Account") or a paid account ("Paid Account"). BeeOurly grants you the authorization to set up only one Free Account. BeeOurly reserves the right to terminate any additional Free Accounts you set up and any Free Accounts that have been inactive for over 24 months. When you create an account, we collect registration-related information, including your email address, first name, and last name. By using your account, you agree to provide accurate and up-to-date information and to maintain the confidentiality of your password. BeeOurly or its billing processors collect billing information for Paid Accounts. All information is protected according to our Privacy Policy.
Subscription Period and Subscription Fees
You agree to pay all applicable fees associated with your use of the Services, as detailed on our pricing page. By providing a payment method, you explicitly authorize us to charge fees, taxes, and other related charges at regular intervals, depending on your subscription and services used. The subscription period for Paid Accounts can be month-to-month, yearly, or another duration specified on our pricing page. Paid Accounts are subject to fees based on the chosen account type. Renewals will be charged to your payment method at the prevailing fee for your account type, along with applicable taxes. All payments are non-refundable. If payment mechanisms are provided through third parties, BeeOurly is not liable for their acts or omissions.
Renewal/Cancellation
Paid Accounts will automatically renew for the same subscription period unless canceled by the end of the current subscription period. You can cancel your account at any time within the BeeOurly application. Cancellation is effective immediately, and please note that canceled accounts may lose access to the App with no entitlement to a refund.
Legal Compliance:
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations when using our Services. BeeOurly reserves the right to investigate violations of our Terms, taking appropriate actions, including canceling user accounts, reporting unlawful activities, and disclosing information as allowed under our Privacy Policy.
Intellectual Property
Our Services may contain service marks, trademarks, or intellectual property provided by BeeOurly. Your use of our Services does not grant you rights or licenses to use these marks or trademarks. Our Services are protected by international copyright laws. Copying, redistributing, using, or publishing any part of our Services is strictly prohibited. Your use of our Services does not grant you ownership rights in our Website, App or Materials. BeeOurly reserves all rights not expressly granted in this Agreement.
Notices and Messages
By using the Services, you agree to receive emails from us, including transactional information and notifications related to applicable fees and charges. You must maintain up-to-date contact information and monitor your email settings to ensure the receipt of essential emails.
You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to keep your contact information up to date, and to monitor your email settings to ensure that you receive emails from us at your discretion and as necessary.
Links to Other Websites
Our Services may contain links to third party websites. We do not endorse, guarantee, or sponsor such third-party websites. BeeOurly has no control over the legal documents and privacy practices of third-party websites, so accessing them is at your own risk.
Materials Posted by Users in the Services
The User bears full responsibility for all information, data, text, photographs, and other materials ("Materials") published and/or transmitted using the Services. This means that the User is entirely accountable for all Materials uploaded, sent, received, transmitted, or otherwise made available through the Services. The Company does not exert control over the Materials transmitted through the Services and, consequently, does not guarantee the accuracy, completeness, or quality of these Materials.
The User is prohibited from uploading, transmitting, or publishing Materials on the Services if the User lacks the rights or permissions of the respective copyright holder to do so. In the event of claims from third parties related to the User's placement of Materials, the User will independently and at their own expense address these claims.
The User agrees to permit the use of the Materials posted within the Services, as long as they are used within the functionality chosen by the User. Except as otherwise provided in this Agreement and the prevailing legislation of the Federal Republic of Germany, no Materials may be copied (reproduced), processed, distributed, displayed, published, downloaded, transferred, sold, or otherwise used, in whole or in part, without prior permission from either the Company or the relevant copyright holder, unless the copyright holder has expressly agreed to the free use of the Material.
When utilizing the Services' functionality, the User acknowledges that certain information may be shared with the Company's partners solely for the purpose of providing the relevant Service to the User and granting the User the rights to use additional functional (software) capabilities of the respective Service provided jointly with these partners. This sharing only occurs to the extent necessary for the proper provision of the Service and/or functionality, as well as to fulfill the terms of this Agreement.
Rights and Obligations of the User While Using the Service
The User utilizes the Services provided by the Company to implement their functionality, adhering to the rules and conditions for using the Services provided by the Company.
The User commits not to use the Services and other Company products for the following purposes:
- Achieving illegal objectives, and if the Company establishes specific goals for using the Services, to achieve other objectives not explicitly outlined in this Agreement.
- Uploading, sending, transmitting, or in any way publishing Materials that are illegal, harmful, threatening, abusive, pornographic, defamatory, infringing on the rights of minors, or causing harm to them in any form, including moral harm. This includes Materials that infringe on the rights of various minorities that the User is not legally allowed to make available, due to copyright violations and other intellectual rights infringements of third parties, content that propagates hatred and/or discrimination based on race, ethnicity, gender, or social factors, as well as content that violates accepted norms and ethics of online communication or disrupts the work of other users of the Services.
- Uploading, sending, transmitting, or in any other way publishing advertising information not explicitly permitted. This includes unsolicited advertising mailings, such as spam, as well as impersonating another person or entity to mislead Internet users or others.
- Uploading, sending, transmitting, or in any other way publishing any Content that contains viruses or other harmful computer codes or programs. This includes unauthorized access to computer systems, equipment, or data of third parties, and posting links to such information. It is also prohibited to reproduce, copy, collect, organize, store, transfer information from the Services, use it for commercial purposes, or extract a database from the Services without the consent of the Company.
- Collecting and storing personal data of third parties in violation of applicable laws.
- Engaging in other actions that violate this Agreement or the requirements of German legislation.
As part of the Services, the User may have the functionality to send messages to third parties. By sending messages through the Services, the User agrees that such messages may be identified as sent on their behalf, and the User is solely responsible for any potential claims related to sending messages to these individuals.
Rights and Obligations of the Company While Providing the Services
The Company manages the Services, determines its structure and appearance, and has the authority to grant or restrict Users' access to the Services in cases where such individuals violate the provisions of this Agreement. The Company also exercises other rights vested in it.
The Company has the right, without any reimbursement of costs or losses to the User, to take the following actions:
- Block or delete the User Account and/or suspend, restrict, or terminate the User's access to the Services.
- Delete all or some of the Materials posted by the User in the Service, in accordance with the terms provided for in this Agreement.
The Company holds the following rights:
- Provide the User with access to the Services as per the terms outlined in this Agreement.
- Issue comments to Users, provide warnings, notifications, and inform them of non-compliance with this Agreement. Instructions from the Company regarding the use of the Services are binding on the User.
- Furnish the User with technical and informational support necessary for accessing and using the Services within a reasonable timeframe.
- Collect and process information about Users, including their personal data, in accordance with the Privacy Policy, and compile and process anonymized statistical data on the use of the Services.
- Display advertisements on the Services.
- Send Users messages (e.g., email, SMS, push notifications, and other types of communications) containing advertising and informational content through the Services and/or services provided by third parties. This includes messages from partners of the Company to whom the User has granted permission to send messages by registering in the Services or through other means. Users can opt out of receiving promotional messages at any time by adjusting their Account settings or by submitting a written request to the Company via email at info@beeourly.com.
- Establish direct communication with the User through various means, such as phone, email, or other communication methods, to obtain information or feedback about issues or questions arising during the use of the Services. This information is crucial for addressing operational errors and further enhancing the Services.
- Temporarily suspend the provision of the Services without prior notice to Users in cases of urgent preventive maintenance, force majeure events, accidents, software and hardware failures of third parties collaborating with the Company, or actions by third parties aimed at suspending or terminating the Services.
- Prohibit Users from accessing the Services automatically and cease receiving automatically generated information, such as spam.
- Take legal measures to protect its rights related to the Services, as long as these measures are not prohibited by law.
Termination of the User Account, Restoration of Access to the Account, Deletion of the Materials Posted by the User
The User acknowledges that the Company reserves the right to block or delete the User Account and/or suspend, restrict, or terminate the User's access to the Services, and/or delete some or all of the Materials posted by the User in the Services, without the obligation to provide reasons for such actions and without prior notice to the User, as deemed necessary.
Specifically, the Company may exercise these rights for the following reasons:
- If the User's actions are found to violate the terms of this Agreement.
- In response to a lawful request from authorities and the court, provided that all requirements of the legislation of the Federal Republic of Germany are satisfied.
- In the event of a complaint by another User or a third party who holds the copyright to the Materials, following a proper investigation.
- In case of non-usage of the Account to access the Services for a period of 24 months.
- Due to unforeseen technical or security issues.
- In response to interference with or violations of the Services, including the use of unauthorized devices or software.
Termination of a User Account may result in:
- The removal of the User's access to the personal part of the Services.
- Deletion of User Materials stored within the Services.
The User has the option to discontinue the use of their Account by deleting it. If the User chooses to delete their Account, and if the functionality exists, the User can independently reinstate the Account within the period established by the Services. This can be done by following the instructions provided by the Services after entering the necessary login and password in the authorization form.
If the User loses their Account password, access can be restored only if the User provides accurate, correct, and complete information as initially provided when creating the Account. Additionally, the User must provide accurate information in response to additional questions posed by the Company's support service, if such information is necessary to regain access to the User Account. Failure to provide accurate, correct, and complete data or respond to additional questions from the support service will prevent the restoration of access to the Account.
The Company's Right to Intellectual Property
The use of the Company's means of individualization is allowed for Users only with the prior consent of the Company.
The User acknowledges and agrees that the Services incorporate audiovisual works, computer programs, trademarks, and other intellectual property, the rights to which are owned by the Company (and/or the Company's counterparts). The User may not use these intellectual properties without prior consent from the Company.
The Company grants the User a non-exclusive and non-transferable right to use the software within the Service, subject to the restrictions outlined in this Agreement. This right is provided for its intended purpose, and the User, or any other person on behalf of the User, must not:
- Copy or modify the software.
- Create derivative programs from the software.
- Reverse engineer the software to obtain its program codes.
- Sell, assign, or transfer rights related to such software to third parties in any form.
- Modify the software, including for the purpose of obtaining unauthorized access to it.
Responsibility of the Company
The User acknowledges and agrees that:
- The Services are provided "as is" unless otherwise explicitly stated in this Agreement. The Company does not guarantee that the Services or the results of using the Services will meet the User's goals, expectations, or requirements. The Company does not guarantee that the Services will be provided continuously, quickly, reliably, or without errors, nor that the results obtained by the User will be accurate and reliable. The quality of the Service and the results of using the Service, including information, may not meet the User's expectations, and the Company does not guarantee the correction of all program errors.
- The Company is not responsible for the delay, deletion, non-delivery, or failure to download any User data, including User settings.
- Any Materials (intellectual property) received from other Users while using the Services are used by the User at their own risk. The User is responsible for any damage that may occur to their computer and data as a result of downloading these materials.
- The Company is not liable for direct or indirect losses resulting from the use or inability to use the Company's Services, unauthorized access to the User Account, or fraudulent activities of third parties.
Company Confidentiality
The Company may employ User authentication technologies, including cookies, and may use these technologies for marketing purposes to understand Users' preferences. However, such identification is non-personalized and generalized. The Company does not track the actions of individual Users or transfer information about them.
Within the operation of the Services and in compliance with applicable law, message secrecy is ensured, and the confidentiality of information about Users is observed, except as otherwise provided by the legislation of the Federal Republic of Germany.
The User agrees that if the Services allow sending messages, the User's outgoing and incoming messages, as well as downloaded Materials, undergo certain automatic processing by the Company's programs for transmission, reception, and storage of messages/Materials. This automatic processing includes measures to detect malicious codes in the transmitted information and, where possible, block or delete them, solely to protect Users' personal computers and reduce the load on the Company's equipment.
Feedback and Requests Procedure
A User who believes that their rights and interests have been violated due to the Company's actions may submit an appropriate request. Requests are reviewed by the Company's Technical Support Service following the general procedure for considering incoming requests.
All requests, including those related to the operation of the Services, can be sent to the Company's Technical Support Service at info@beeourly.com.
The User and the Company agree that any disputes regarding this Agreement will be resolved in accordance with the terms of this Agreement and the rules of the current legislation of the Federal Republic of Germany.
Changes and Additions to the Agreement
This Agreement may be modified by the Company without prior notice to Users by posting the current version of the Agreement on the Website. Changes made by the Company to the Agreement will become effective on the day of publication. The User is responsible for checking the Agreement for any updates. Failure to check the current version of the Agreement does not exempt the User from their obligations and compliance with the Agreement's restrictions.
The User has the option to decline acceptance of changes and additions to this Agreement, resulting in the User's decision not to use the Services and forfeiting any previously granted rights.
Paypal
On this website, one or more online payment methods of the following provider are available: PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg
If you select a payment method of the provider for which you make advance payment, the payment data you provide during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on to the provider in accordance with Art. 6 para. 1 lit. b GDPR. In this case, your data will only be passed on for the purpose of payment processing with the provider and only to the extent that it is necessary for this purpose.
If you select a payment method for which we make advance payments, you will also be asked to provide certain personal data (first and last name, street, house number, zip code, city, date of birth, e-mail address, telephone number, data on an alternative means of payment, if applicable) during the order process.
In order to safeguard our legitimate interest in determining your solvency in such cases, we will forward this data to the provider for the purpose of a credit check in accordance with Art. 6 para. 1 lit. f GDPR. On the basis of the personal data provided by you and other data (such as shopping cart, invoice amount, order history, payment experience), the provider checks whether the payment option you have selected can be granted with regard to payment and/or bad debt risks.
The credit report may contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data.
You can object to this processing of your data at any time by sending a message to us or to the provider. However, the provider may still be entitled to process your personal data if this is necessary to process payments in accordance with the contract.
Final provisions
This Agreement does not establish agency relations, partnership relations, joint activity relations, personal employment relations, or any other relations between the User and the Company, unless explicitly provided for in the Agreement.
If any provision of the Agreement is deemed invalid or unenforceable by a court, it will not affect the validity or enforceability of the remaining provisions of the Agreement.
The Company's inaction in response to violations of the Agreement by the User or third parties does not waive the Company's right to take appropriate actions to protect its interests in the future.
This Agreement is governed by and construed in accordance with the laws of the Federal Republic of Germany. Matters not covered by this Agreement will be resolved in accordance with the legislation of the Federal Republic of Germany.
Any disputes between the parties under this Agreement will be initially addressed through correspondence and negotiations, following a mandatory pre-trial (claim) procedure. If an agreement cannot be reached through negotiations, the dispute will be submitted by the concerned party to the court.
Terms of Use
September 6, 2024
These Terms of Use (“Terms” or “Agreement”) are a legal agreement between you and the creator and owner of the service BeeOurly – Aixelent GmbH (“BeeOurly”, “Company”, “we,” “our,” or “us”) and govern your use of all the text, data, information, software, graphics, photographs and more that we and our affiliates may make available to you (all of which we refer to as “Documentation”), including our websites, mobile applications and any services, plug-ins, software that we may provide through any of our websites (the “App” or “Website” and together with the Materials, these “Service(s)”). BeeOurly “Users” are the people who have created a BeeOurly account (also referred to as “Customer(s)”), and BeeOurly “Invitees” are people who have scheduled a meeting with a BeeOurly User but may or may not have registered with BeeOurly. A BeeOurly “Viewer” is a person who visits the BeeOurly Website but may or may not be a BeeOurly User or BeeOurly Invitee.
These Terms of Use ("Terms" or "Agreement") serve as a binding legal agreement between you and BeeOurly, owned by Aixelent GmbH ("BeeOurly," "Company," "we," "our," or "us"). These Terms govern your use of all materials, including text, data, information, software, graphics, photographs, and more collectively referred to as "Documentation," made available by us and our affiliates. This includes our websites, mobile applications, and any services, plug-ins, or software provided through our websites (referred to as the "App" or "Website" and collectively as the "Services"). We classify BeeOurly users into three categories: "BeeOurly Users" (also referred to as "Customers"), "BeeOurly Invitees," and "BeeOurly Viewers".
BeeOurly “Users” are people who have created a BeeOurly account (also referred to as “Customer(s)”).
BeeOurly “Invitees” are people who have scheduled a meeting with a BeeOurly User but may or may not have registered with BeeOurly.
BeeOurly “Viewers” are people who visits the BeeOurly Services but may or may not be a BeeOurly User or BeeOurly Invitee.
If you are entering into these Terms on behalf of a company or organization, you affirm that you are authorized to represent such an entity ("Authorized User").
Please read these Terms carefully before using our Services. Your use of the Services signifies that you have read and accepted these Terms. If you do not accept these Terms, you cannot use the Services. It's important to note that these Terms contain a dispute resolution and arbitration provision, which includes a class action waiver impacting your rights in case of disputes with BeeOurly.
For BeeOurly Users, Authorized Users, Viewers, or Invitees located in the European Economic Area, Switzerland, or the United Kingdom, the Data Processing Addendum accompanies these Terms and outlines additional terms applicable to your use of BeeOurly if it involves personal data of individuals in the European Economic Area, Switzerland, and the United Kingdom.
BeeOurly's Services are designed to facilitate online appointment scheduling. You may use the Services in accordance with these Terms.
When using the features of the Services, you must adhere to any agreements, policies, or guidelines related to those features, which may be updated from time to time. These agreements, policies, or guidelines, including the Privacy Policy are hereby incorporated by reference into these Terms.
General Use:
We encourage you to use these Services for your personal needs, not for the purpose of reselling (referred to as "Permitted Purposes").
Our Services are not intended for use by individuals under 18 years of age, except for educational purposes. By registering for a BeeOurly account, you confirm that you are at least 18 years old, and you are responsible for ensuring that all BeeOurly Users and Invitees are also at least 18 years old. Providing false information during account creation is a violation of our Terms, including creating an account on behalf of others or persons under the age of 18.
Account Setup
To use the Services, you need to establish a BeeOurly account. You can create either a free account ("Free Account") or a paid account ("Paid Account"). BeeOurly grants you the authorization to set up only one Free Account. BeeOurly reserves the right to terminate any additional Free Accounts you set up and any Free Accounts that have been inactive for over 24 months. When you create an account, we collect registration-related information, including your email address, first name, and last name. By using your account, you agree to provide accurate and up-to-date information and to maintain the confidentiality of your password. BeeOurly or its billing processors collect billing information for Paid Accounts. All information is protected according to our Privacy Policy.
Subscription Period and Subscription Fees
You agree to pay all applicable fees associated with your use of the Services, as detailed on our pricing page. By providing a payment method, you explicitly authorize us to charge fees, taxes, and other related charges at regular intervals, depending on your subscription and services used. The subscription period for Paid Accounts can be month-to-month, yearly, or another duration specified on our pricing page. Paid Accounts are subject to fees based on the chosen account type. Renewals will be charged to your payment method at the prevailing fee for your account type, along with applicable taxes. All payments are non-refundable. If payment mechanisms are provided through third parties, BeeOurly is not liable for their acts or omissions.
Renewal/Cancellation
Paid Accounts will automatically renew for the same subscription period unless canceled by the end of the current subscription period. You can cancel your account at any time within the BeeOurly application. Cancellation is effective immediately, and please note that canceled accounts may lose access to the App with no entitlement to a refund.
Legal Compliance:
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations when using our Services. BeeOurly reserves the right to investigate violations of our Terms, taking appropriate actions, including canceling user accounts, reporting unlawful activities, and disclosing information as allowed under our Privacy Policy.
Intellectual Property
Our Services may contain service marks, trademarks, or intellectual property provided by BeeOurly. Your use of our Services does not grant you rights or licenses to use these marks or trademarks. Our Services are protected by international copyright laws. Copying, redistributing, using, or publishing any part of our Services is strictly prohibited. Your use of our Services does not grant you ownership rights in our Website, App or Materials. BeeOurly reserves all rights not expressly granted in this Agreement.
Notices and Messages
By using the Services, you agree to receive emails from us, including transactional information and notifications related to applicable fees and charges. You must maintain up-to-date contact information and monitor your email settings to ensure the receipt of essential emails.
You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to keep your contact information up to date, and to monitor your email settings to ensure that you receive emails from us at your discretion and as necessary.
Links to Other Websites
Our Services may contain links to third party websites. We do not endorse, guarantee, or sponsor such third-party websites. BeeOurly has no control over the legal documents and privacy practices of third-party websites, so accessing them is at your own risk.
Materials Posted by Users in the Services
The User bears full responsibility for all information, data, text, photographs, and other materials ("Materials") published and/or transmitted using the Services. This means that the User is entirely accountable for all Materials uploaded, sent, received, transmitted, or otherwise made available through the Services. The Company does not exert control over the Materials transmitted through the Services and, consequently, does not guarantee the accuracy, completeness, or quality of these Materials.
The User is prohibited from uploading, transmitting, or publishing Materials on the Services if the User lacks the rights or permissions of the respective copyright holder to do so. In the event of claims from third parties related to the User's placement of Materials, the User will independently and at their own expense address these claims.
The User agrees to permit the use of the Materials posted within the Services, as long as they are used within the functionality chosen by the User. Except as otherwise provided in this Agreement and the prevailing legislation of the Federal Republic of Germany, no Materials may be copied (reproduced), processed, distributed, displayed, published, downloaded, transferred, sold, or otherwise used, in whole or in part, without prior permission from either the Company or the relevant copyright holder, unless the copyright holder has expressly agreed to the free use of the Material.
When utilizing the Services' functionality, the User acknowledges that certain information may be shared with the Company's partners solely for the purpose of providing the relevant Service to the User and granting the User the rights to use additional functional (software) capabilities of the respective Service provided jointly with these partners. This sharing only occurs to the extent necessary for the proper provision of the Service and/or functionality, as well as to fulfill the terms of this Agreement.
Rights and Obligations of the User While Using the Service
The User utilizes the Services provided by the Company to implement their functionality, adhering to the rules and conditions for using the Services provided by the Company.
The User commits not to use the Services and other Company products for the following purposes:
- Achieving illegal objectives, and if the Company establishes specific goals for using the Services, to achieve other objectives not explicitly outlined in this Agreement.
- Uploading, sending, transmitting, or in any way publishing Materials that are illegal, harmful, threatening, abusive, pornographic, defamatory, infringing on the rights of minors, or causing harm to them in any form, including moral harm. This includes Materials that infringe on the rights of various minorities that the User is not legally allowed to make available, due to copyright violations and other intellectual rights infringements of third parties, content that propagates hatred and/or discrimination based on race, ethnicity, gender, or social factors, as well as content that violates accepted norms and ethics of online communication or disrupts the work of other users of the Services.
- Uploading, sending, transmitting, or in any other way publishing advertising information not explicitly permitted. This includes unsolicited advertising mailings, such as spam, as well as impersonating another person or entity to mislead Internet users or others.
- Uploading, sending, transmitting, or in any other way publishing any Content that contains viruses or other harmful computer codes or programs. This includes unauthorized access to computer systems, equipment, or data of third parties, and posting links to such information. It is also prohibited to reproduce, copy, collect, organize, store, transfer information from the Services, use it for commercial purposes, or extract a database from the Services without the consent of the Company.
- Collecting and storing personal data of third parties in violation of applicable laws.
- Engaging in other actions that violate this Agreement or the requirements of German legislation.
As part of the Services, the User may have the functionality to send messages to third parties. By sending messages through the Services, the User agrees that such messages may be identified as sent on their behalf, and the User is solely responsible for any potential claims related to sending messages to these individuals.
Rights and Obligations of the Company While Providing the Services
The Company manages the Services, determines its structure and appearance, and has the authority to grant or restrict Users' access to the Services in cases where such individuals violate the provisions of this Agreement. The Company also exercises other rights vested in it.
The Company has the right, without any reimbursement of costs or losses to the User, to take the following actions:
- Block or delete the User Account and/or suspend, restrict, or terminate the User's access to the Services.
- Delete all or some of the Materials posted by the User in the Service, in accordance with the terms provided for in this Agreement.
The Company holds the following rights:
- Provide the User with access to the Services as per the terms outlined in this Agreement.
- Issue comments to Users, provide warnings, notifications, and inform them of non-compliance with this Agreement. Instructions from the Company regarding the use of the Services are binding on the User.
- Furnish the User with technical and informational support necessary for accessing and using the Services within a reasonable timeframe.
- Collect and process information about Users, including their personal data, in accordance with the Privacy Policy, and compile and process anonymized statistical data on the use of the Services.
- Display advertisements on the Services.
- Send Users messages (e.g., email, SMS, push notifications, and other types of communications) containing advertising and informational content through the Services and/or services provided by third parties. This includes messages from partners of the Company to whom the User has granted permission to send messages by registering in the Services or through other means. Users can opt out of receiving promotional messages at any time by adjusting their Account settings or by submitting a written request to the Company via email at info@beeourly.com.
- Establish direct communication with the User through various means, such as phone, email, or other communication methods, to obtain information or feedback about issues or questions arising during the use of the Services. This information is crucial for addressing operational errors and further enhancing the Services.
- Temporarily suspend the provision of the Services without prior notice to Users in cases of urgent preventive maintenance, force majeure events, accidents, software and hardware failures of third parties collaborating with the Company, or actions by third parties aimed at suspending or terminating the Services.
- Prohibit Users from accessing the Services automatically and cease receiving automatically generated information, such as spam.
- Take legal measures to protect its rights related to the Services, as long as these measures are not prohibited by law.
Termination of the User Account, Restoration of Access to the Account, Deletion of the Materials Posted by the User
The User acknowledges that the Company reserves the right to block or delete the User Account and/or suspend, restrict, or terminate the User's access to the Services, and/or delete some or all of the Materials posted by the User in the Services, without the obligation to provide reasons for such actions and without prior notice to the User, as deemed necessary.
Specifically, the Company may exercise these rights for the following reasons:
- If the User's actions are found to violate the terms of this Agreement.
- In response to a lawful request from authorities and the court, provided that all requirements of the legislation of the Federal Republic of Germany are satisfied.
- In the event of a complaint by another User or a third party who holds the copyright to the Materials, following a proper investigation.
- In case of non-usage of the Account to access the Services for a period of 24 months.
- Due to unforeseen technical or security issues.
- In response to interference with or violations of the Services, including the use of unauthorized devices or software.
Termination of a User Account may result in:
- The removal of the User's access to the personal part of the Services.
- Deletion of User Materials stored within the Services.
The User has the option to discontinue the use of their Account by deleting it. If the User chooses to delete their Account, and if the functionality exists, the User can independently reinstate the Account within the period established by the Services. This can be done by following the instructions provided by the Services after entering the necessary login and password in the authorization form.
If the User loses their Account password, access can be restored only if the User provides accurate, correct, and complete information as initially provided when creating the Account. Additionally, the User must provide accurate information in response to additional questions posed by the Company's support service, if such information is necessary to regain access to the User Account. Failure to provide accurate, correct, and complete data or respond to additional questions from the support service will prevent the restoration of access to the Account.
The Company's Right to Intellectual Property
The use of the Company's means of individualization is allowed for Users only with the prior consent of the Company.
The User acknowledges and agrees that the Services incorporate audiovisual works, computer programs, trademarks, and other intellectual property, the rights to which are owned by the Company (and/or the Company's counterparts). The User may not use these intellectual properties without prior consent from the Company.
The Company grants the User a non-exclusive and non-transferable right to use the software within the Service, subject to the restrictions outlined in this Agreement. This right is provided for its intended purpose, and the User, or any other person on behalf of the User, must not:
- Copy or modify the software.
- Create derivative programs from the software.
- Reverse engineer the software to obtain its program codes.
- Sell, assign, or transfer rights related to such software to third parties in any form.
- Modify the software, including for the purpose of obtaining unauthorized access to it.
Responsibility of the Company
The User acknowledges and agrees that:
- The Services are provided "as is" unless otherwise explicitly stated in this Agreement. The Company does not guarantee that the Services or the results of using the Services will meet the User's goals, expectations, or requirements. The Company does not guarantee that the Services will be provided continuously, quickly, reliably, or without errors, nor that the results obtained by the User will be accurate and reliable. The quality of the Service and the results of using the Service, including information, may not meet the User's expectations, and the Company does not guarantee the correction of all program errors.
- The Company is not responsible for the delay, deletion, non-delivery, or failure to download any User data, including User settings.
- Any Materials (intellectual property) received from other Users while using the Services are used by the User at their own risk. The User is responsible for any damage that may occur to their computer and data as a result of downloading these materials.
- The Company is not liable for direct or indirect losses resulting from the use or inability to use the Company's Services, unauthorized access to the User Account, or fraudulent activities of third parties.
Company Confidentiality
The Company may employ User authentication technologies, including cookies, and may use these technologies for marketing purposes to understand Users' preferences. However, such identification is non-personalized and generalized. The Company does not track the actions of individual Users or transfer information about them.
Within the operation of the Services and in compliance with applicable law, message secrecy is ensured, and the confidentiality of information about Users is observed, except as otherwise provided by the legislation of the Federal Republic of Germany.
The User agrees that if the Services allow sending messages, the User's outgoing and incoming messages, as well as downloaded Materials, undergo certain automatic processing by the Company's programs for transmission, reception, and storage of messages/Materials. This automatic processing includes measures to detect malicious codes in the transmitted information and, where possible, block or delete them, solely to protect Users' personal computers and reduce the load on the Company's equipment.
Feedback and Requests Procedure
A User who believes that their rights and interests have been violated due to the Company's actions may submit an appropriate request. Requests are reviewed by the Company's Technical Support Service following the general procedure for considering incoming requests.
All requests, including those related to the operation of the Services, can be sent to the Company's Technical Support Service at info@beeourly.com.
The User and the Company agree that any disputes regarding this Agreement will be resolved in accordance with the terms of this Agreement and the rules of the current legislation of the Federal Republic of Germany.
Changes and Additions to the Agreement
This Agreement may be modified by the Company without prior notice to Users by posting the current version of the Agreement on the Website. Changes made by the Company to the Agreement will become effective on the day of publication. The User is responsible for checking the Agreement for any updates. Failure to check the current version of the Agreement does not exempt the User from their obligations and compliance with the Agreement's restrictions.
The User has the option to decline acceptance of changes and additions to this Agreement, resulting in the User's decision not to use the Services and forfeiting any previously granted rights.
Paypal
On this website, one or more online payment methods of the following provider are available: PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg
If you select a payment method of the provider for which you make advance payment, the payment data you provide during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on to the provider in accordance with Art. 6 para. 1 lit. b GDPR. In this case, your data will only be passed on for the purpose of payment processing with the provider and only to the extent that it is necessary for this purpose.
If you select a payment method for which we make advance payments, you will also be asked to provide certain personal data (first and last name, street, house number, zip code, city, date of birth, e-mail address, telephone number, data on an alternative means of payment, if applicable) during the order process.
In order to safeguard our legitimate interest in determining your solvency in such cases, we will forward this data to the provider for the purpose of a credit check in accordance with Art. 6 para. 1 lit. f GDPR. On the basis of the personal data provided by you and other data (such as shopping cart, invoice amount, order history, payment experience), the provider checks whether the payment option you have selected can be granted with regard to payment and/or bad debt risks.
The credit report may contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data.
You can object to this processing of your data at any time by sending a message to us or to the provider. However, the provider may still be entitled to process your personal data if this is necessary to process payments in accordance with the contract.
Final provisions
This Agreement does not establish agency relations, partnership relations, joint activity relations, personal employment relations, or any other relations between the User and the Company, unless explicitly provided for in the Agreement.
If any provision of the Agreement is deemed invalid or unenforceable by a court, it will not affect the validity or enforceability of the remaining provisions of the Agreement.
The Company's inaction in response to violations of the Agreement by the User or third parties does not waive the Company's right to take appropriate actions to protect its interests in the future.
This Agreement is governed by and construed in accordance with the laws of the Federal Republic of Germany. Matters not covered by this Agreement will be resolved in accordance with the legislation of the Federal Republic of Germany.
Any disputes between the parties under this Agreement will be initially addressed through correspondence and negotiations, following a mandatory pre-trial (claim) procedure. If an agreement cannot be reached through negotiations, the dispute will be submitted by the concerned party to the court.