Terms & Conditions must be accepted in order to use Beelert. The following sets out the terms and conditions for the use of the Beelert service (the “Service” or “Beelert”) and is an agreement between SC Group B.V. (“SCG”) and “You” (either an individual or a legal entity that you represent as an authorised employee or agent) (the “Agreement”). By use of the Service, You agree to be bound by all of these terms and conditions and the applicability of your terms and conditions are hereby specifically rejected.

Account

You must register a user account (“Account”) to use the Service. You explicitly agree not to share your Account username and password with third parties, and to notify SCG immediately of any unauthorized usage.

 

Payments

The Service shall be paid in advance and has a minimum subscription period of 6 months. After the first period of a minimum of 6 months the Service is automatically renewed for 12 months. You can cancel your subscription at any time by contacting us, however, you are eligible to pay for remaining subscription months and SCG does not offer refunds for any payments already made. Your access to the Service will be deactivated once your subscription has ended per specified date.

 

Ownership

SCG is and remains to be the sole owner of all intellectual property rights relating to SCG’s software and the Service (including all improvements thereof), also in case of any suggested improvements made by you.

SCG is and remains to be the sole owner of all data gathered and represented by SCG’s Service (Beelert software product). You are allowed to use the data presented by Beelert for your own commercial activities. Under no circumstance are you allowed to resell the data presented by Beelert to a 3rd party.

 

License

SCG hereby grants you a revocable, non-exclusive, non-transferable license (without the right to sub-license) to include the JavaScript provided by SCG (“Script”) in the HTML code for web page(s) that are properly registered for the Service and owned by you, solely for the purpose of accessing the Service and information available from the Service with respect to such web page(s). You shall not

• use, reproduce, modify or create derivative works of the Script, or

• allow third party access to all or any portion of the Script or Service.

 

No warranty

SCG does not represent or warrant that

• the Service will be error-free or accessible at all times,

• defects will be corrected,

• the Service or the server that makes it available, are free of viruses or other harmful components, or

• the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that SCG shall not be responsible for unauthorized access to or alteration of your data.

   

Cancellation

If you wish to cancel the Service, please notify SCG by email to support@beelert.com with at least one month notice. All information associated with the Account, including the Account itself as well as the historical data, will be permanently deleted. SCG may at its own sole discretion cancel or delete any Account in case of abuse, with or without notice. Upon any termination of this Service,

• SCG will cease providing the Service to you;

• you will delete all copies of the Script from your web page(s);

• any outstanding balance payable by you to SCG will become immediately due and payable;

• you will not be entitled to any refunds of any usage fees or any other fees; and

• all of your historical report data will no longer be available to you.

 

Liability

SCG does not give any warranty or other assurance as to the operation, quality or functionality of the Service. Access to the Service may be interrupted, restricted or delayed for any reason. SCG also does not give any warranty or other assurance as to the content of the material appearing within the Service, its accuracy, completeness, timelessness or fitness for any particular purpose. SCG is not responsible if a third party gains access to any of your statistics.

To the fullest extent permissible by law, SCG disclaims all responsibility and liabilities for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use the Service or any material appearing within the Service, or from any action or decision taken as a result of using the Service or any such material.

 

Indemnification

You agree to indemnify, hold harmless and defend SCG, at your expense, against any and all third party claims, actions, proceedings, and suits brought against SCG or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable legal fees) incurred by SCG or any of its officers, directors, employees, agents or affiliates, arising out or relating to

• your breach of any term or condition of this Agreement;

• your use of the Service, or

• your unauthorized use of the Script code. In such a case, SC Group will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim..

 

Modifications to this Agreement

SCG reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement on its website. You are responsible for regularly reviewing the policy. The modification of this Agreement will be binding if you continue to use the Service after the Company has posted updates to the Agreement or to any policy governing the Service.

 

Compliance

You will not use the Service or the Account in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.

 

Applicable law

This Agreement shall be governed by and construed in accordance with law of the Netherlands and the Parties hereby submit to the exclusive jurisdiction of the competent court in Amsterdam in respect of any dispute or matter arising out of or connected with this Agreement.