TERMS OF USE AND
SERVICE AGREEMENT
1. ACCEPTANCE OF TERMS
1.1. By accessing or using all or any portion of the services provided by BeeGraphy as well as any further updates to the services, new services which may be introduced from time to time by BeeGraphy and/or its website at www.beegraphy.com (the “Site”) or such other websites under BeeGraphy which may be introduced from time to time (hereinafter also referred to as “BeeGraphy”) which is owned by BeeGraphy Corp. (“we”, “us” and “our”) [located at 30 N Gould st, Sheridan, Wyoming 82801], you as the User of the services (“you”, “your” or the “User”) accept the agreements (as defined below) on behalf of the entity for which you are authorized to act (e.g., an employer) and acknowledge that such entity is legally bound by the agreements (and you agree to act in a manner consistent with the agreements) or, if there is no such entity for which you are authorized to act, you accept the agreements on behalf of yourself as an individual and acknowledge that you are legally bound by the agreements, and (ii) you represent and warrant that you have the right, power and authority to act on behalf of and bind such entity (if any) or yourself. you may not accept the agreements on behalf of another entity unless you are an employee or agent of such other entity with the right, power, and authority to act on behalf of such other entity.
1.2. Your agreement with BeeGraphy includes this Terms of Use and Service Agreement, the Privacy Policy, the Cookie Policy and any additional terms that You agree to as the User of the Site, shall be read and construed together collectively as the “Agreements”.
1.3. If you are unwilling to accept the agreements, or if you do not have the right, power, and authority to act on behalf of and bind such entity or yourself as an individual (if there is no such entity), do not click on any button or other mechanism designed to acknowledge the agreements, and do not access or use any Services on BeeGraphy’s Site.
2. CHANGE OF THE TERMS
2.1. BeeGraphy shall have the right at any time to change or modify the terms and conditions applicable to User’s use of the Site or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on BeeGraphy or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the Site by the User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or addendums.
2.2. Beegraphy may change, suspend or discontinue any of its services. BeeGraphy may also modify its service fees effective prospectively upon reasonable notice to the extent allowed under the applicable laws.
3. DESCRIPTION AND ACCESS TO SERVICES
3.1. Through its Site, BeeGraphy provides you with access to a variety of services, including but not limited to BeeGraphy Editor, BeeGraphy Shop and BeeGraphy Blog (collectively referred to as the“Services”). The Services, including any updates, improvements, new features, and/or the addition of any new web properties, are subject to the Terms of Use.
3.2. BeeGraphy operates an online platform for designers, builders and potential clients. For instance, BeeGraphy Editor enables the designers to create 2D and 3D parametric modelling designs (some features may be free of charge as identified on the Site), collaborate and share their designs with the team and have an online 3D view access to the designs created by the team.
3.3. The Terms of Use and Service Agreement set forth the legally binding terms and conditions that apply to all users of the Services, including designers who contribute contents on the BeeGraphy Editor.
3.4. BeeGraphy hereby grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services on a remote basis, including any software programs and related technology that BeeGraphy makes available pursuant to the Agreements, provided that:
(a) you will not, and will not permit any other party to, directly or indirectly access or use the Services except as expressly permitted herein;
(b) you will not modify, adapt, alter or translate the Services, except as expressly allowed herein;
(c) you will not sublicense, lease, rent, loan, distribute, or otherwise transfer the Services to any third party;
(d) you will not sell access to the Services, or sell advertising or promotions within the Services without Beegraphy’s prior written consent.
3.4.1. Unless otherwise indicated, any future release, update or other added functionality of the Services shall be subject to these Terms of Use.
3.4.2. Beegraphy also grants You the right to sell any 2D or 3D modeling products as originally created, edited and built through the access and use of the Services made available to you on the Site, including on the Beegraphy’s platform or any other external resources.
4. ACCESS TO SERVICES / SUBSCRIPTIONS
4.1. In order to access and use certain features of the Services (such as the Editor or Shop services) You will need to register for an account and provide accurate and complete information including personal data. You hereby represent that (a) all information submitted by You is reliable and accurate; and (b) You will maintain the accuracy of such information.
4.2. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.You shall immediately notify BeeGraphy of any unauthorized use of Your Account or any breach of account security. BeeGraphy will not be liable for any loss or damage arising from the unauthorized use of Your Account and You may be liable for the losses of BeeGraphy due to such unauthorized use.
4.3. You may use the Site only if you have reached the age of majority where you live and you can form legally binding contracts under the applicable laws. You may not use the Services if you live in a jurisdiction where access to or use of the Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of this website is lawful, and you must comply with all applicable laws and regulations.
4.4. Your BeeGraphy account provides you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. The services and functionality available and accessible to the User will differ based on the account type and how the account is configured by the account owners or the team owner (applicable when collaborating in a team within the scope of certain packages of BeeGraphy Editor).
4.4.1. We may maintain different types of accounts for different types of Users. There are currently four types of BeeGraphy accounts: Free solo (for individuals which grants them the access to use of limited services as indicated on the Site) (Free: e.g. The viewer can see only the 3D visual and there are limitations for certain actions such as the Tolerans range and the Cloud storage), Standard (Paid:e.g. Viewer can see the 3D view, comment, change parameters, download; Number of builders and the size of cloud storage), Business (Paid: difference in e.g. Number of builders; Tolerans range; Size of Cloud storage) and Entertainment (Paid: difference in e.g. Number of builders; Tolerans range; Size of Cloud storage).
4.4.2. The Users may also access different services as available on the Site, and updated from time to time, such as “Order a Model” where the Users may order 2D or 3D parametric models and/or accept and create models against the fixed fee as prescribed in the terms of this Agreement.
4.4.3. The User may access and edit any models, with the exclusion of those available on the Site for free, available in BeeGraphy Shop catalog upon the download of each generated static model and in the amount indicated on the specific model.
4.5. The paid account types or purchasable services or products require payment before the users can access or download them. The users may access the paid Services after they have successfully subscribed to the relevant subscription package which is subject to the payment of certain amounts as determined and indicated by BeeGraphy.
4.6. The payment methods for the subscription packages within the scope of BeeGraphy Editor as well as BeeGraphy Shop services are established on the Site and shall be made either by credit card, PayPal and any other methods acceptable to BeeGraphy. BeeGraphy shall reserve the right to introduce further paid Services from time to time at its own discretion. You agree that BeeGraphy shall have the right to amend any service fees including instituting fees for use of services that were formerly included in free services or other free functionality on the Sites without liability to you. All quotations for the Editor subscription packages as well as purchasable products under the BeeGraphy Shop are expressed in United States Dollar (USD) unless otherwise specified by Beegraphy (hereinafter also referred to as the “Fees”). The Fees are exclusive of all taxes, which shall be borne by the User.
4.6.1. You agree that failure to pay the Fees shall result in the termination of your paid services and accept that any purchase made on the Site may be subject to foreign exchange fees or variations in priced based on your location (such as exchange rates).
4.6.2. You also agree and accept that BeeGraphy may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your services and to use to pay other Services you may buy.
4.7. The registered users who have access to the BeeGraphy Editor service shall also have access to the parametric model store where the Users can sell the models created and edited by them (including for the sale of models through “Order a Model” section). The fixed rate per transaction shall be equal to 20% of each model of the price determined by the designer of the model sold on the BeeGraphy’s platform (80/20 ratio shall be applicable where 20% fixed fee is paid to Beegraphy for each transaction). The fixed rate of each transaction shall be automatically charged at the moment the payment has been made and received by the User.
4.8. The subscription to the paid Services is based on an auto-renewal basis whereby it will automatically be renewed upon the end of the application subscription period (i.e. monthly basis or annual basis) corresponding to the term of the User’s subscription.
4.9. If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period and in order for You to avoid future charges, You need to cancel the subscription anytime before the renewal date. You may access details regarding your subscription plan under your profile.
4.10. The User can cancel his/her subscription to the paid Services at any time, and the User will continue to have access to the paid Services through the end of its billing period. To the extent permitted by the applicable law, payments are non-refundable, and BeeGraphy does not provide refunds for any unused paid Services.
5. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON BEEGRAPHY
5.1. Any software that is made available to download from the Services (the “Software”) is the copyrighted work of BeeGraphy. The Software is made available for download solely for use by the end users. Any reproduction or redistribution of the Software not in accordance with the the Terms of Use is expressly prohibited by law and may result in severe civil liabilities.
5.2. For your convenience, BeeGraphy may make available as part of the Services or in its software products, tools and utilities for use and/or download. BeeGraphy does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. please respect the intellectual property rights of others when using the tools and utilities made available on the services.
6. ORIGINAL WORK
6.1. Nothing contained in this Terms of Use and Service Agreement shall be construed to transfer any copyrights to BeeGraphy or any of its affiliates. The copyrights in and to all models created and/or edit by the Users remains with the owner of such copyrights. Any and all models whether incomplete and/or finished through the usage of BeeGraphy Editor Service shall be deemed your own original work.
7. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. The User expressly agrees that use of BeeGraphy is at User’s sole risk. neither BeeGraphy, its affiliates nor any of their respective employees, third party content providers or licensors warrant that BeeGraphy will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of BeeGraphy services, or as to the accuracy, reliability or content of any information, service, provided through BeeGraphy
B. BeeGraphy is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchant ability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to the Service Agreement.
C. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that BeeGraphy is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with user.
D. In no event will BeeGraphy, or any person or entity involved in creating, producing or distributing the site or related softwares, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the site. User hereby acknowledges that the provisions of this section shall apply to all content on the site.
E. In addition to the terms set forth above neither, BeeGraphy, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the site, or for any delay or interruption in the transmission thereof to the User, or for any claims or losses arising therefrom or occasioned thereby. none of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
8.1. Our Service may contain links to third-party web sites or services that are not owned or controlled by Beegraphy. BeeGraphy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. The opinions expressed or material appearing on these websites are not necessarily shared or endorsed by us and should not be considered as the publisher of such opinions or material. Please note that we are not responsible for the privacy practices or content of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites.
8.2. You further acknowledge and agree that BeeGraphy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
9. SITE MONITORING
9.1. Beegraphy shall have the right, but not the obligation, to monitor the content of the Site, including Beegraphy blogs, to determine compliance with this Agreement and any operating rules established by BeeGraphy and to satisfy any applicable laws, regulations or authorized government requests. BeeGraphy shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on BeeGraphy. Without limiting the foregoing, BeeGraphy shall have the right to remove any material that BeeGraphy, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
10. INDEMNIFICATION
10.1. User agrees to defend, indemnify and hold harmless BeeGraphy, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of BeeGraphy Site and/or its Services by User or User’s account.
11. TERMINATION
11.1. Either BeeGraphy or the User may terminate the Service Agreement at any time. Without limiting the foregoing, BeeGraphy shall have the right to immediately terminate User’s account in the event of any conduct by User which BeeGraphy, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of the Service Agreement.
11.2. Notwithstanding the above-mentioned, the Terms of Use will remain in full force and effect while using the Services and the Site. BeeGraphy shall terminate the User’s access to the Services if, under appropriate circumstances, the latter is determined to be a repeat infringer.
12. ENTIRE AGREEMENT
12.1. You accept and acknowledge that you have read the Terms of Use, the Service Agreement and any operating rules for BeeGraphy established by BeeGraphy, Corp. constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.
13. FORCE MAJEURE
13.1. BeeGraphy shall not be liable for any delays in performance of the Site and our obligations under the Agreements for causes beyond our reasonable control, including but not limited to fire, flood, epidemic, strike, an act of God or public disorder.
14. GOVERNING LAW & JURISDICTION
14.1. This Agreement shall be construed in accordance with the federal laws of the United States of America and the laws of the State of California, without regard to its conflict of laws principles. All disputes arising out of or in connection with the performance of the Agreements shall be settled through friendly negotiations. If the parties are unable to resolve any such dispute within thirty (30) days after the notice on the commencement of negotiations, the disputes shall be settled and submitted to the exclusive jurisdiction and venue of the state and federal courts located in the City and County of Los Angeles, California.
ACCEPTANCE OF TERMS
CHANGE OF THE TERMS
DESCRIPTION AND ACCESS TO SERVICES
ACCESS TO SERVICES / SUBSCRIPTIONS
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON BEEGRAPHY
ORIGINAL WORK
DISCLAIMER OF WARRANTY LIMITATION OF LIABILITY
LINKS TO OTHER WEBSITES
SITE MONITORING
INDEMNIFICATION
TERMINATION
ENTIRE AGREEMENT
FORCE MAJEURE
GOVERNING LAW & JURISDICTION