TERMS OF SERVICE
This Terms of Service is a legal contract between you and Rivercity Innovations Ltd. (“RCI”, “we”, “our”), governing your use of mobile software or web services or web software (“BeeSecure”) owned, controlled or offered by RCI Ltd.
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY USING BEESECURE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS TERMS OF SERVICE. IF YOU DO NOT AGREE TO THIS TERMS OF SERVICE, PLEASE CEASE USING BEESECURE IMMEDIATELY.
You acknowledge and agree that this contract is only between you and RCI and not any of RCI’s partners, distributors, promoters or service providers (collectively, “Distributors”). Should you have any issue or claim with respect to BeeSecure, RCI, and not its Distributors, will be solely responsible for addressing the issue or claim. If you have obtained BeeSecure from one of RCI’s Distributors, you agree that any such Distributor will have no obligation or responsibility to provide you any warranty, maintenance and support services with respect to BeeSecure.
1. LICENSE GRANT
BeeSecure is licensed to you and not sold. Subject to the terms of this agreement, RCI grants you a personal, non-exclusive, non-transferable and non-sublicensable license to use BeeSecure solely for your personal or internal business purposes. You may use BeeSecure on any mobile or personal device legally under your control, for your personal or internal business use. You will retain all ownership rights in User Data (as defined below) that you transfer to RCI for use with BeeSecure. When you submit User Data to RCI, you hereby grant to RCI, a non-exclusive, royalty-free, worldwide license to use, copy, modify, sublicense, and distribute your User Data on and through our website on your behalf solely for the purpose of providing data to you through BeeSecure. With respect to any open source or third-party code that may be incorporated in BeeSecure, such open source code is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code.
2. RESERVATION OF RIGHTS
BeeSecure and all content, visual interfaces, information, graphics, design, compilation, computer code, products, software, trademarks, service marks, trade names and services are the property of RCI or its subsidiaries or affiliated companies and/or third-party licensors. Except for the express license granted to you, no right, title, interest or license to BeeSecure is granted to you, whether by implication, estoppel or otherwise.
You acknowledge and agree that you will not: (a) reproduce or attempt to reproduce BeeSecure; (b) modify, adapt, translate or create any derivative works of BeeSecure or attempt to do the foregoing; (c) attempt to circumvent or disable BeeSecure or any technology, features or measures in BeeSecure by any means or in any manner; (d) attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for BeeSecure; (e) distribute, encumber, sell, rent, lease, sublicense, or otherwise transfer, publish or disclose BeeSecure to any third party; (f) use for a service bureau or otherwise commercialize or attempt to commercialize use of BeeSecure; or (g) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on BeeSecure or used in connection with BeeSecure.
4. USER DATA AND LOCATION DATA
When using BeeSecure, you will be subject to any additional posted guidelines or rules applicable to certain features, which may be posted from time to time (the “Guidelines”), which are also hereby incorporated by reference into this Agreement.
6. MODIFICATION OF THIS AGREEMENT
RCI may modify this Terms of Service from time to time. Any and all changes to this Agreement will be posted on the BeeSecure.ca site, and you agree to be bound by any changes to the Terms of Service when you continue to use BeeSecure after those changes are posted.
7. PAYMENT TERMS; REFUNDS
Subscription agreements come in 3 options: month to month, 24 months (2 years), and 36 months (3 years). Your monthly service fee and hardware cost can vary depending on your selected agreement at time of purchase, and your monthly messaging fees are based on fixed numbers of messages being sent from your account. If you choose a 24 month or 36 month subscription agreement, you are required to make payments for the purchased device for the entire duration of the agreement. At the completion of the subscription agreement’s term, your device will automatically convert to a month to month agreement. A month to month agreement can be cancelled at any point with no penalty. If you choose to cancel your chosen agreement before the term is up or fail to make your payments as agreed to, you will be automatically liable for the full value of the subscription agreement you have chosen based on the price when purchased. The plan is not transferrable and non-refundable.
You will be billed on a recurring basis based on the date that you purchase either through your credit card (“Credit Card Billing”) or PayPal account. If you choose to cancel your month to month at any time you will continue to have access to the features of your plan until the end of the current billing cycle. If you have questions or problems, you can contact us at [email protected]
Refunds will be handled on a case-by-case basis. Refunds will only be granted if there is an issue with the additional features of a specific plan and after the user has followed troubleshooting procedures. Refunds will not be granted if there is an issue with Free features of the app. Refunds cannot for any reason be granted after 3 months from date of purchase. In the event you wish to cancel your subscription you will have access to the features of your specific plan until the end of your current billing cycle.
Support to all users will be provided via email at [email protected] Support is defined as answering emails as soon as possible during normal business hours of Monday through Friday from 8am to 5pm CST. No guarantee is made to response time of any such email.
9. USAGE RULES; PROHIBITED CONDUCT & USES
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
- use BeeSecure 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;
- use BeeSecure to track, monitor, or spy on an individual without their permission;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of BeeSecure, features that prevent or restrict use or copying of any content accessible through BeeSecure, or features that enforce limitations on use of BeeSecure;
- intentionally interfere with or damage the operation of BeeSecure or any user’s enjoyment of the product, by any means, including uploading or otherwise disseminating viruses, 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 BeeSecure 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 BeeSecure or modify BeeSecure in any manner or form, nor to use modified versions of BeeSecure, including (without limitation) for the purpose of obtaining unauthorized access to BeeSecure.
10. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
BeeSecure may include links to other websites or services solely as a convenience to Users. RCI does not endorse or make any representations regarding any such linked sites or any information or materials accessible through other linked sites. RCI disclaims all liability relating to your use of such linked sites.
11. EXPORT CONTROL
BeeSecure originates in Canada, and is subject to Canadian export laws and regulations. BeeSecure may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from Canada. In addition, BeeSecure may be subject to the import and export laws of other countries. You agree to comply with all Canadian and foreign laws related to the use of BeeSecure.
12. CONSUMER RIGHTS
You may have the benefit of consumer guarantees and warranties given under statute (“Mandatory Terms”). Where any statute applies to this Agreement to give you the benefit of Mandatory Terms, and that statute does not permit RCI to exclude or limit the application of those Mandatory Terms (or would render void any attempt to do so), then those Mandatory Terms apply to this Agreement for your benefit, and nothing in this Agreement excludes or limits those Mandatory Terms or liability for breach of them. This applies to all of the terms of this Agreement, including any terms in relation to DISCLAIMERS: NO WARRANTIES, INDEMNIFICATION: HOLD HARMLESS, AND LIMITATION OF LIABILITY AND DAMAGES.
13. DISCLAIMERS; NO WARRANTIES
BEESECURE AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONNECTION WITH BEESECURE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RCI, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. RCI AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN BEESECURE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT BEESECURE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF HARMFUL COMPONENTS OR THAT BEESECURE WILL MEET YOUR REQUIREMENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR DEVICE, LOSS OF USE, OR LOSS OF DATA.
14. INDEMNIFICATION; HOLD HARMLESS
You agree to indemnify, defend, and hold harmless RCI, its affiliated companies, and its suppliers and 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 BeeSecure, (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. RCI 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.
15. LIMITATION OF LIABILITY AND DAMAGES
TO THE EXTENT PERMITTED BY APPLICABLE LAW, RCI OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY 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 BEESECURE, EVEN IF RCI 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 RCI’S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY 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 BEESECURE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.
16. AVAILABILITY & UPDATES
RCI may alter, suspend, or discontinue the BeeSecure website, web app and/or service at any time and for any reason or no reason, without notice. The website, app and/or service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. RCI may periodically add or update the information and materials on the BeeSecure Website without notice.
While we try to ensure the BeeSecure website and web app is normally available twenty-four (24) hours a day, we do not undertake any obligation to do so, and RCI will not be liable to you if the website is unavailable at any time or for any period.
Information sent or received over the Internet is generally unsecure and RCI cannot and does not make any representation or warranty concerning security of any communication to or from the website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the service and you are responsible for any activities or actions under your password. You agree to keep your password secure. No member of RCI will be liable for any loss or damage arising from your failure to comply with these requirements.