These Terms of Service (“Terms”, “TOS”) govern Your use of the BeSimplified family of products and all services connected to the BeSimplified product family (BeSimplified), including, but not limited to the BeSimplified software products, websites and related mobile applications. (“Services”), provided by EL MINARA LIMITED DBA BESIMPLIFIED.
This Terms of Service document is an agreement You must accept in order to use BeSimplified's Services.
This is a legal agreement ("Agreement") between You and EL MINARA LIMITED DBA BESIMPLIFIED. ("Company"), for use of the BeSimplified Services which You selected or initiated.
"You" refers to the individual who registered and/or provided in the BeSimplified website his or her credit card or other payment mechanism for the Services or, if the Services are being purchased on behalf of an entity by an individual authorized to purchase the Services on behalf of such entity, then "You" refers to such entity.
If You are entering into this TOS agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity to this TOS. In that case, the terms "You" or "Your" shall also refer to such an entity, its staff, and its affiliates, as applicable. If You do not have such authority, or if You do not agree to this TOS, You may not use the Service. You acknowledge that this TOS is a contract between You and EL MINARA LIMITED DBA BESIMPLIFIED, even though it is electronic and is not physically signed by You and the Company, and it governs Your use of the Service.
Violation of any of the Terms of Service may result in the termination of Your Account.
The Company may at its sole discretion modify the features of the Services from time to time without prior notice. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.
The Company may release services, products and features that are still in development. These Services will be marked as Beta, preview or early access (or a similar phrasing). The Company acknowledges that these Services may not be as reliable as the Company’s other Services.
If any users send us any feedback or suggestions regarding the Service, You grant the Company an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to You.
You will receive a password and Account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and Account and are fully responsible for all activities that occur under Your password or Account. You agree to (a) immediately notify the Company of any unauthorized use of Your password or Account or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session.
You may not use the Service for any purpose which is illegal or violates any laws in Your jurisdiction, in the jurisdiction of Wellington, New Zealand, or in any way that intentionally or unintentionally violates any applicable local, state, national or international law.
Any software associated with the Services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
We claim no intellectual property rights over the data and material You provide to the Service. All materials uploaded remain Yours.
"Data" means any data and content You upload, post, transmit or otherwise made available via the Services including messages You send, files You upload, comments You make on files, profile information and anything else You enter or upload into the Service. The Company will make commercially reasonable efforts to ensure that all facilities used to store and process Your Data meet a high standard for security. For more information on our current practices and policies regarding data privacy, security, and confidentiality, please contact the Company or see the Privacy Policy as these practices and policies evolve over time.
In order for us to provide Services to You, we require that You grant us certain rights with respect to Your Data. For example, we need to be able to transmit, store, and copy Your Data in order to display it to You and Your colleagues, to index it so You are able to search it, to make backups to prevent data loss, and so on. Your acceptance of this TOS gives us the permission to do so and grants us any such rights necessary to provide the Service to You, only for the purpose of providing the Service (and for no other purpose).
This permission includes allowing us to use third-party service providers (for example Amazon Web Services) in the operation and administration of the Service and the rights granted to us are extended to these third parties to the degree necessary in order for the Service to be provided. Depending on the Service, this may involve moving Your Data across jurisdictional lines, or across country borders.
The Company will not disclose, sell, lease, modify or distribute any Data provided by You in any manner. The Company will also not view the Data provided by You except when given permission by You for the purpose of support.
You agree that the Company may include Your business name in a list of BeSimplified's customers online and in print and electronic marketing materials in an appropriate fashion. If You'd prefer to not have Your details included please email us at [email protected].
The Company is permitted to disclose Your Data only if such disclosure is required by an authorized governmental or judicial entity, provided that You are given Notice thereof and reasonable opportunity to take necessary steps to protect the confidentiality of that information, prior to such disclosure. The Company will use its best efforts to limit the disclosure to the greatest extent possible while being consistent with its legal obligations, and, if required by You, will participate in the preparation and entry of appropriate protective orders.
In the event of such an investigation, the Company may retain Your Data for up to three months.
You may not use our Services or platforms to:
You are solely liable and responsible for Your interactions with other users. We reserve the right to monitor disputes between You and other users, but we have no obligation to do so. We reserve the right to terminate or suspend any Account that is in breach of these terms or in breach of any relevant legislation (such as the DMCA).
We may terminate or suspend Your Account if You misuse features or functionality. For example, but not limited to:
Other than using the Services as permitted under the terms and conditions of this Agreement or other written agreements between You and the Company, You may not resell, distribute, make any commercial use of, or use on a timeshare or service bureau basis.
If You elect to utilize any third party application in connection with Your use of the Service, by doing so You are consenting to Your Data being shared with such third-party applications. To understand how such a third party application provider utilizes Your Data and other information, You should review their privacy policy. You expressly understand and agree that the Company shall not be liable for any damages or losses resulting from Your use of the API or third-party products that access data via the API. Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of Your Account's access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. The Company will make a reasonable attempt via email to warn the Account owner prior to suspension.
On registering, You must provide either a credit card or phone number; however, You are not obligated to purchase any of the Services. If You elect to purchase Service packages or additional Services, You may elect to provide a credit card or other payment mechanism selected by You, if You have not already done so.
You agree that the Company may charge to Your credit card or other payment mechanism selected by You and approved by the Company for Your Prepaid Account ("Your Account") and all amounts due and owing for the Services, including service fees, subscription fees or any other fee or charge associated with Your use of the Services. If there are any annual, monthly or similar periodic fees for Your subscription, these fees will be billed automatically to the credit card designated during the registration process for the Services, or subsequently designated to the Company at the start of the subscription period and at the start of each renewal period, unless You terminate Your subscription before the relevant period begins. Prices of all Services are subject to change at any time. The company will strive wherever possible to give advance notice. Such notice may be provided at any time by posting the changes to the BeSimplified website or the Service itself. All payments authorized by You into Your Account are final. There is no refunding of Your Account regardless of whether You use the Services or not.
You agree that in the event The Company is unable to collect the fees owed to the Company for the Services through Your Account, the Company may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by the Company in connection with such collection activity, including collection fees and legal costs. You further agree that the Company may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.
If You contact Your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate Your Account. If You have any questions about a payment made to us, we encourage You to contact us via our contact information provided on our "Support" page before filing a Chargeback. We reserve the right to dispute any Chargeback.
Services provided by the Company allow You to upgrade Your Service levels.
If You upgrade Your service level from one package to a higher priced package, the Company will charge You thus: 1) if You pay monthly, Your first payment will be the difference between the higher priced package and Your current package price, whereby monies received by Company for Your current package price is prorated based on the actual number of days until Your scheduled monthly payment date. Your regularly scheduled monthly payment date will remain the same as Your initial purchase date, with subsequent monthly charges at the higher package price. No refunds are available.
You are solely responsible for properly canceling Your Account. An email or phone request to cancel Your Account is not considered cancellation. You can cancel Your Account at any time by accessing the subscription settings panel in Your settings page. You will be liable to pay for the complete billing period of Your subscription, unless You cancel before the subscription begins.
All of Your Data will immediately be inaccessible from the Service upon cancellation. Within 30 days, Your Data will be permanently deleted from all backups and logs. If You wish to access Your Data after canceling Your Account but before deletion, You will be liable to pay for the costs of retrieving Your Data. This information can not be recovered once it has been permanently deleted.
The Company, in its sole discretion, has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service for any reason at any time (including those mentioned in this Agreement). Such termination of the Service will result in the deactivation or deletion of Your Account or Your access to Your Account, and the forfeiture and relinquishment of all Data in Your Account. The Company reserves the right to refuse service to anyone for any reason at any time.
In connection with Your purchase and/or use of the Service You may be subject to taxes, including, without limitation, sales, and use taxes, by any authority which has jurisdiction to impose such taxes. You agree that the obligation and payment of any such taxes shall be Your sole and absolute responsibility, and You agree to indemnify the Company to the extent that the Company incurs any obligations or other liabilities in connection with such taxes.
These Terms do not give Subscriber any rights to BeSimplified intellectual property or technology. BeSimplified and related logos and other copyrighted material are the exclusive property of The Company. The Company and Subscriber agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar BeSimplified from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.
The Company will provide support during the Business Days (Monday to Friday) from 8 AM to 5 PM EET. Support will be provided to You by contacting the support team at [email protected].
By using the Service, You agree to pay the fees in effect at the time and agree to any applicable pricing terms that You have previously agreed upon. A valid credit card or other forms of payment approved by the Company is required to process payment for Your Account. The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Account.
You agree to pay the Company any fees applicable to Your use of the Service, including but not limited to subscription fees and any fees related to the processing of transactions under Your Account. You shall pay all applicable taxes relating to Your use of the Service or any payments or transactions under Your Account. The fees for the Service, including any other charges related to Your Account, will be billed to Your credit card (or other payment method) unless otherwise indicated. If You fail to pay Your fee on time, or if the Company is unable to process Your transaction using the credit card information provided, the Company reserves the right to revoke access to Your Account.
In case You have any disputes over any portion of an invoice or any other charges, You must submit written notice to us within 30 days of receipt of the invoice, otherwise, such disputes will be deemed waived. All amounts due hereunder shall be paid in full without any offset, deduction or withholding. The Company reserves the right to change its fees or payment policies from time to time, including but not limited to, the addition of costs associated with the usage of the Services. Any such change will be communicated to You by e-mail, with at least one month in advance.
BeSimplified is a digital service platform. No physical goods are shipped. All services are delivered electronically and accessed through our web-based application.
You are solely responsible for properly canceling Your Account. Account cancellations must be submitted in writing or by email at least 7 days prior to the start of Your next billing period. Cancellations by phone or sent to any other email address will not be considered valid. If You cancel the Service before the end of Your current paid-up subscription period, Your cancellation will take effect at the end of the period and You will not be charged again. Your data will be available for one month before it is deleted from our servers.
You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of Your use of the Service, Your violation of this TOS, or Your violation of any third-party right.
The Service is provided on an "as is" and "as available" basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company makes no warranty that (i) the Service will meet Your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by You through the Service will meet Your expectations, and (v) any errors in the Service will be corrected.
No advice or information, whether oral or written, obtained by You from the Company or through or from the Service shall create any warranty not expressly stated in this TOS.
You expressly understand and agree that the Company shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if the Company has been advised of the possibility of such damages) resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of Your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.
In case of disputes arising in connection with this TOS or the use of the Service, the parties shall first attempt to resolve the dispute through amicable negotiations. If the dispute cannot be resolved amicably, the parties agree to submit the dispute to the competent courts of Wellington, New Zealand. This TOS and any dispute arising out of or in connection with it shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is registered, without regard to its conflict of law principles.
This TOS constitutes the entire agreement between You and the Company and governs Your use of the Service, superseding any prior agreements between You and the Company (including, but not limited to, any prior versions of the TOS). You may also be subject to additional terms and conditions that may apply when You use or purchase certain other Company services, affiliate services, third-party content, or third-party software.
If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this TOS remain in full force and effect.
The failure of the Company to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. You agree that, except as expressly provided in this TOS, there shall be no third-party beneficiaries to this Agreement.