The Services (the "Service" or the "Services") represent individual functionalities of the Platform and their form, a set of functionalities of the Platform and their form, packages of functionalities of the Platform and their form, or the entire range of functionalities of the Platform and their form.
The Provider reserves the right, at their sole discretion, to modify, expand, or narrow the range of Services, from time to time, even without prior notice. The Provider reserves the right to continuously, continually, periodically or irregularly, modify or temporarily or permanently suspend the Services or any part thereof, at any time, even without prior notice.
You agree that the Provider shall not be liable to You or to any third party for any modification, interruption, or termination of the Services. You also agree to waive all claims for any compensation, indemnity, or refund, financial or non-financial, including, but not limited to, a refund of unused subscription, compensation for direct and indirect damages, or compensation for loss of access to your or third-party data.
A Platform Instance (the "Instance") is a data-separated Platform workspace that is created when You register on the Platform. Upon registration on the Platform, a user account is automatically generated based on the data You have entered during registration. An Instance can be accessed by a user with a user account created during registration and by users who were subsequently invited/added to the Instance, or whose accounts for the Instance were created in another way. Users can collaborate and share data within an Instance.
As a Customer, You undertake not to transfer your Instance, or the user accounts associated with it to a third party without the Provider's consent.
When You complete the registration process on the Platform, a user account will be created and assigned to You, and You will be required to create a password. Access details to the Platform consist of a username/email address and a password, or another form of authentication. You are responsible for maintaining the confidentiality of the access details to your account, and You assume full responsibility for all activities that will be undertaken using your access details and your account, including all activities that will be undertaken using the access details or user accounts of all users associated with your Instance.
You agree to protect access to your user account and access to user accounts associated with your Instance to prevent unwanted logins by persons who are not supposed to have access to the Instance.
The Provider does not claim any intellectual or other property rights to the data and materials that You, as a Customer, have made available to the Platform. All materials that You have provided, made available, entered, or uploaded to the Platform remain in your possession.
"Data" means any data and content that You upload, enter, publish, post, or otherwise make available to the Platform, including messages that You send, files that You upload, comments that You create, your user profile information, and anything else that You upload or submit to the Platform. The Provider undertakes to take commercially reasonable steps to ensure high security standards for all objects and devices used for storing and processing your data. For more information about our current practices and policies related to ensuring privacy, security, and confidentiality of data, please visit our website www.beenia.com/ochrana-osobnych-udajov.
The Provider undertakes not to examine the data You have provided to the Platform without a legitimate reason. The Provider undertakes to process your data in accordance with the applicable legislation.
You are not permitted to Use the Platform and its Services for any purpose that is unlawful or violates the legislation in force at the place of Use, the legislation in force in the Slovak Republic, or in any manner that intentionally or unintentionally violates any applicable local, state, national or international law or regulation.
On the Platform You are not permitted to:
As a Customer of the Platform, You are solely responsible for your interaction with other users. The Provider reserves the right, but does not undertake in any way, to monitor interactions and disputes between users of the Platform.
As a Customer of the Platform, You are not obliged to purchase any of the offered paid Services and You can Use the Platform only to the extent of the Services provided free of charge. The Provider reserves the right to terminate the free provision of Services at any time without compensation and without any notice. The Provider undertakes to notify the users of termination of providing the free-of-charge Services on the Platform or its part at least 30 calendar days before this change enters into force.
If You choose to purchase Services on their individual levels, as their combination, or any additional Services, You will be required to provide information about your payment card or other selected payment method accepted by the Platform.
As a customer, You agree that the Provider may charge your payment card, or any other selected payment method for your Instance, including, but not limited to, service fees, subscription fees, payment of outstanding amounts, or any other fees or charges that apply to your Instance according to the range of selected paid Services and the currently applicable Pricing of the Platform Services ("Pricing"). The charges will be made automatically without authorisation of each payment.
The Provider reserves the right to change the Pricing or its part at any time, even without prior notice. The Provider undertakes to notify the users of change in the Pricing at least 30 calendar days in advance on the Platform or its part. If, as a Customer, You do not cease Using the Platform during this period, it means that You unreservedly and fully accept the change of Pricing.
All payments made for your choice of Services as a Customer are final. Refund of payments for your Instance is not possible regardless of whether You Use the Platform or not, or regardless of other circumstances and facts.
Your purchase of the Services, and/or other fees and payments may be subject to taxation, including, but not limited to, sales, value-added, and use taxes under applicable law and applicable tax regulations. As a Customer, You agree that, if it is legally relevant, the tax liability and payment of any such tax will be solely and absolutely your responsibility, and You agree to reimburse the Provider for any expenses incurred under the obligation or claim related to such tax.
You may upgrade or downgrade to another level of Service.
If You choose to upgrade the level of Service from your current level to a higher and more expensive one, the Provider will bill this transition as follows:
The same rules apply to the purchase of additional Services or their upgrades.
There are only limited options for switching to a lower level of Service at a lower price, and no refund is possible. The subscribers who wish to downgrade from a higher level of Service to a lower one must let their subscription for the currently used level of Service expire, and subsequently purchase the desired level of Service or use the free level of Service if available.
The subscribers who wish to remove additional Services from their Instance must let the currently used additional Services expire, and then purchase the desired additional Services. Refund is not possible.
When downgrading to a lower level of Service, You may lose access to that part of your data which exceeds the range of the new level of Service.
Proper cancellation of an Instance is the sole responsibility of You as a Customer. An Instance will be cancelled at the request of an authorised person who has the authority to act on behalf of the Customer. The request for cancellation of an Instance must be delivered to the Provider in an appropriate manner, e.g. by email.
The Provider reserves the right to refuse to provide the Service to anyone for any reason at any time.
The functionalities available through the Services are intended for normal use of the software to a normal extent. Misuse or inappropriate use of the functionalities may result in a ban on using the Service or removal of the Service from an Instance. Misuse and inappropriate use of the Services include but are not limited to the use of an email address for replying in automated systems such as Google Alerts. Automatic redirection of emails to Platform-specific email addresses is prohibited. It is also prohibited to share data from the Platform to public consumers through RSS feeds.
In exceptional cases, the Provider reserves the right to suspend temporarily or cancel your Instance if the extent to which You use the Services as a Customer significantly exceeds the average use of the Service by other customers, and/or if there is a risk that the extent and/or manner of your use of the Service may cause a disruption in the availability and/or usability of the Service to other customers and/or users. The Provider shall make reasonable efforts to contact the owner of an Instance before taking such action, except where the scope of use may have a significant immediate negative impact on the performance of the Platform for other customers and/or users.
If you, as a Customer or user, choose to use any third-party app linked to your Use of the Platform, by doing so You agree that your data and content will be shared with such a third-party app. To understand how the third-party app provider uses your data, content, and other information, You should read their privacy and data protection policies.
You expressly understand and agree that the Provider will not be held responsible for any damages or losses resulting from your use of an API, or a third-party product that accesses data through an API.
Misuse or excessive requests to the Platform through an API may result in temporary or permanent suspension of your Instance's access to the API. The Provider, at their sole discretion, shall determine the misuse or excessive use of an API. The Provider will make a reasonable effort to notify the Instance owner in an appropriate manner, for example by sending them an email, of the impending suspension of their Instance's access to the API.
The Provider and/or their suppliers, as applicable, retain the ownership of all proprietary rights to the Platform and all trade names, trademarks, and service marks associated with or displayed on the Platform. You are not permitted to remove, blur, conceal, or in any other way mask or make unavailable any notices, notes, or information regarding the copyright or trademarks of the Provider or their suppliers, nor is it permitted to conceal references to such information or other proprietary notices included in or associated with the Platform.
You are not permitted to reverse engineer, reverse compile (decompile), or in any way convert any part of the software associated with the Platform into a human-readable form.
Any software or any part thereof that is associated with the Platform is protected by copyright legislation, international copyright agreements, and other intellectual property laws and agreements.
As a Customer, You agree that the Provider may include your business name and/or logo in the list of the Platform's customers and publish it online, in printed and/or digital marketing materials in an appropriate manner, without the Provider incurring any financial, non-financial, or other liability to You by such use.
Any and all Services provided by the Platform are provided as is (on an "as-is" basis), without warranty of any kind. The Provider disclaims any warranty or guarantee of any kind, whether expressed or implied, including, but not limited to, implied warranties of fitness for a particular purpose, satisfactory quality and integrity, and all warranties that may arise in the course of use.
The Provider, their partners, licensors, and their representatives do not warrant that your Use of the Platform, its services, or materials will be uninterrupted, error-free, or secure, that defects will be rectified, or that the Platform, its parts, its hardware, or other materials are free from viruses or other harmful components.
The Provider hereby disclaims any and all liability for any damage or other negative impact to You as a Customer or to your hardware, technical equipment, software, or data, whether or not caused (directly or indirectly) by Using the Platform, including but not limited to claims relating to faulty or malfunctioning Services.
Under no circumstances shall the Provider, their partners, licensors or their representatives, employees, managers, or associates be liable for any direct or indirect damages or losses of profits, revenues, business results, savings, or Customer data, nor shall they be liable for Customer's costs of remedial action or damages incurred by the Customer or a third party, even if the Provider has been advised about the possibility of such damages or if such damages were foreseeable.
The sole and exclusive maximum combined liability of all secured parties of the Provider for all damages, losses, and objects of action, or other costs equals to the total amount that You as a Customer have paid, if You have paid, for access to the Platform.
The Provider assumes no liability for any damages, problems, or risks arising from your Use of the Platform as a Customer via the internet, including, but not limited to, unreasonably long response time, loss of data during transmission by the internet, unauthorised access to data, and modification of data by a third party during transmission by the internet, or forging of a fake service/functionality on the server-side.