Terms & Conditions
This Site and all its attached products and services are Copyright © 2020-2023 by beebucket GmbH. All rights are reserved.
Welcome
These beebucket Terms & Conditions (“Terms”) govern all web pages (“Websites”) and products (“Products”) provided by us unless stated otherwise in writing. By accessing, visiting, or otherwise using the Website or any of our Products, you agree to be bound by the Terms as stated in the following sections:
Website Terms
1. use of our website
beebucket is committed to provide a safe and positive experience to all users of this Website. To help us to do that, we need you to follow some basic rules when visiting our Website.
When visiting our Website you must comply with all applicable laws, including federal state laws, state and local laws, the laws of your jurisdiction, and laws regarding the transmission of data.
You also agree not to:
1.1 Display, send, receive, or store obscene or inappropriate content;
1.2 Threaten, harass, stalk, defame, or defraud any person or entity;
1.3 Violate copyright, trademark, or other intellectual property laws;
1.4 Advertise, promote, endorse, or market, directly or indirectly, any third party commercial products, services, solutions, or other technologies;
1.5 Attempt to collect, store, or publish personally identifiable information (a) without the owner’s knowledge and consent or (b) of a minor under the age of thirteen (13) in any circumstance;
1.6 Distribute unwanted, unsolicited, or harassing mass email or other messages, promotions, advertising, or solicitations (“spam”);
1.7 Send deceptive or false source-identifying information, including “spoofing” or “phishing”;
1.8 Access or use any application, system, service, tool, data, account, network, or content without authorization or for unintended purposes;
1.9 Disable, disrupt, circumvent, interfere with, or otherwise violate the security of the Website;
1.10 Attack, abuse, interfere with, intercept, disrupt, or exploit any users, systems, or services, regardless of how accomplished and notwithstanding anything to the contrary in these Terms, including but not limited to Denial of Service (DoS), monitoring, crawling, spamming, using bots or scripts, or distributing malware (such as viruses, Trojan horses, worms, spyware, or adware);
1.11 Engage in or promote any illegal or criminal activity such as child pornography, gambling, or piracy…;
1.12 Authorise, permit, enable, induce, or encourage any third party to do any of the above.
Any violation of the above Terms may lead to an immediate termination of access to this Website, without any notice.
2. privacy
We respect your privacy. Please visit our Privacy Policy, including our Cookie Policy, to learn how we handle your personal data and protect your privacy when using our Website. By using this Website your consent that beebucket can use such information in accordance with our Privacy Policy.
3. user accounts and profiles
To use certain services or features of this Website or our Products, we may require you to create an account or profile, post personal information. We also may offer access to certain features of this Website or our Products for a fee (e.g. access to products or services). In such case additional beebucket terms or requirements may apply and become part of your agreement with us. In the event of a conflict such additional terms shall supersede these terms.
If any portion of our Website or Product requires you to open an account, create a user profile or provide personal information, you warrant and represent that all details about you that you supply to us at any time are true and accurate. User accounts, profiles, usernames, and passwords are associated with one individual only and you agree that you will never allow access by another person or entity at any time and to never access the account, profile, username, or password of another person or entity at any time. You must notify beebucket immediately of any unauthorised use of your account or of any other breach in security that you are aware of.
We may, in our sole discretion, (i) reject or remove anything you post, (ii) restrict, suspend, or terminate your access to any or all of the Website, or (iii) cease to provide and maintain the Website, at any time, for any or no reason, with or without prior notice, and without liability. Upon doing so, we may retain or delete any information or content that you provided.
In short: Behave respectful and use our site for the intended purpose.
Product Terms
Unless otherwise stated or agreed in writing, all publicly made available Products are subject to the Community License Agreement as stated below.
beebucket GmbH SOFTWARE LICENSE AGREEMENT
FOR COMMUNITY LICENSEES
Version 1.0 (January 6th, 2021)
PLEASE READ THIS CAREFULLY BEFORE CONTINUING
BEFORE COMMENCE DOWNLOADING THE SOFTWARE, YOU SHOULD CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. BY DOWNLOADING YOU ARE AGREEING TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT YOU SHOULD NOT DOWNLOAD OR USE THE SOFTWARE.
1. definitions
1.1 In this LicenSe Agreement, the following terms shall have the following meanings:
1.1.1 “Software” means the software application based on a beebucket generic artificial intelligence software engine which we make available for you to download on and subject to the terms of this License Agreement;
1.1.2 “License Agreement” means this agreement as may be revised by us from time to time, the current version of which will be posted here;
1.1.3 “Commercial Purpose” means any purpose:
(i) which is intended to result, or
(ii) which results,
(directly or indirectly) in you (or any person or entity connected with you) achieving a commercial advantage of any sort or being paid or compensated in any way;
1.1.4 “Permitted Purposes” means your own internal business purposes related to:
(i) assessing, trialling or evaluating the Software for a limited period;
(ii) undertaking a proof of concept involving the Software for a limited period; or
(iii) developing and testing a prototype of an application, product or solution designed to work in conjunction with the Software.
1.1.5 “Use” means: (i) the installation of the Software by copying, transmitting or loading it into the permanent or volatile memory of a computer or other device for the processing of the system instructions or statements contained in the Software or (ii) the subsequent use of the Software to run or process such system instructions or statements; and “Used” shall be interpreted accordingly;
1.1.6 “we”, “us”, “our” and “beebucket” means and refers to beebucket GmbH whose principal place of business is at Neunkirchenweg 22, 89077 Ulm, BW, Germany; and
1.1.7 “you” and “your” means and refers to the person or entity by (or on behalf of which) the
Software is Used.
2. license grant
When you accept the terms and conditions of this License Agreement by downloading, we shall immediately grant you a limited, non-exclusive, non-transferrable, sub licensable, terminable and royalty free license to Use the Software for the Permitted Purposes only, on and subject to the terms and conditions of this License Agreement.
3. use by a business or organizational project
3.1 When a person downloads or Uses the Software in the course of a business or other organizational project, then by doing so that person binds both:
3.1.1 themselves; and
3.1.2 the person, company or other legal entity that operates that business or organizational project, to this License Agreement
4. Your Undertakings
4.1 You undertake:
4.1.1 only to Use (and permit the Use of) the Software in accordance with the terms and conditions of this License Agreement;
4.1.2 without prejudice to the generality of section 4.1.1:
(I) only to Use (and permit the Use of) the Software for the Permitted Purposes; and
(II) not to Use (or permit the Use of) the Software for any purpose or activity which is a Commercial Purpose;
4.1.3 without prejudice to sections 4.1.1 and 4.1.2, not to do (or to permit or facilitate) any other act which would constitute a breach of the terms and conditions of this License Agreement;
4.1.4 not to disassemble, decompile or reverse-engineer the Software (or any part of it) nor to attempt to do any of these things;
4.1.5 not to probe, scan or test the vulnerability of the Software (or any part of it);
4.1.6 to ensure that any of your employees, contractors, agents or other parties under your control who will Use the Software do so in accordance with the terms and conditions of this License Agreement and that you notify such individuals of the terms and conditions of this License Agreement;
4.1.7 to reproduce and include all of our copyright notices as they appear in or on the Software and all copies of the Software and not to delete or alter such notices in any way;
4.1.8 not to place or distribute the Software on any website, ftp server or similar location for public download;
4.1.9 to promptly notify us if you become aware of any security vulnerabilities in the Software and not to disclose such vulnerabilities to any third party;
4.1.10 not to Use the Software in any way that might be deemed immoral, offensive, threatening, abusive or otherwise harmful or in connection with any immoral, offensive, threatening, abusive or otherwise harmful purpose or activity;
4.1.11 not to Use the Software in any way that is unlawful, illegal or fraudulent or in connection with any unlawful, illegal or fraudulent purpose or activity;
4.1.12 not to Use the Software in any way or in any jurisdiction that would breach any applicable trade embargo, sanctions or export control regulations; and
4.1.13 not to release or transfer the Software outside of your or your entity’s network nor to permit access to the Software from outside such network.
5. transferring the software
The Software is licensed only to you. You may not rent, lease, sub-license, sell, assign, pledge, transfer or otherwise dispose of the Software to any other person or entity, on a temporary or permanent basis, without our prior written consent.
6. Limited Warranty
6.1 You acknowledge and agree that:
6.1.1 complex software is never entirely free from defects, errors and bugs and that we give no warranty, representation or undertaking that the Software will be wholly free from defects, errors or bugs;
6.1.2 complex software is never entirely free from security vulnerabilities and that we give no warranty, representation or undertaking that the Software will be entirely secure;
6.1.3 the Software is provided by us on an “as is” basis and that your Use of it is at your sole risk; and
6.1.4 we give no warranty, representation or undertaking that your Use of the Software will: (i) be uninterrupted or error free, (ii) meet your specific requirements or expectations, (iii) provide any specific type or level of business outcome, (iv) be accurate or reliable or (v) comply with any laws or regulations to which you are subject in any jurisdiction.
6.2 You acknowledge and agree that, to the maximum extent permitted by applicable law and subject to section 7.1, we exclude all conditions, representations and warranties relating to the subject matter of this License Agreement and the Software.
7 Limitations and exclusions of liability
7.1 Nothing in this License Agreement will:
7.1.1 limit or exclude any liability for death or personal injury resulting from negligence;
7.1.2 limit or exclude any liability for fraud or fraudulent misrepresentation;
7.1.3 limit any liabilities in any way that is not permitted under applicable law; or
7.1.4 exclude any liabilities that may not be excluded under applicable law.
7.2 The limitations and exclusions of liability set out in this section 7 and elsewhere in this License
Agreement:
7.2.1 are subject, at all times, to section 7.1; and
7.2.2 govern all liabilities arising under this License Agreement, relating to the subject matter of this License Agreement and the Software, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
7.3 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
7.4 We will not be liable to you in respect of any loss or corruption of any data, database or software.
7.5 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
7.6 Our maximum aggregate liability to you under or in connection with this License Agreement and your Use of Software shall not exceed EUR 100 (one hundred Euros).
8. support
8.1 You acknowledge and agree that we do not supply any form of support for the Software under this
License Agreement.
8.2 You may access our Community Licensee Support Forum at https://www.beebucket.ai/forum but you acknowledge and agree that we have no liability in respect of the content or operation of the Community Licensee Support Forum.
9. indemnity
You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of the Software or any breach by you of any provision of this License Agreement.
10 Intellectual Property Rights
10.1 The Software is proprietary licensed software. It is not open-source, freeware or shareware.
10.2 The Software and any related documentation are copyright works of authorship and are protected under applicable laws.
10.3 This License Agreement is not a sale of the Software or any copies thereof. We retain ownership of the Software (including all copies of the Software regardless of the form in which such copies may exist) together with ownership of all related intellectual property rights. You agree that you will not dispute, or do anything which is inconsistent with, such ownership.
10.4 Apart from those rights expressly granted to you under this License Agreement, all rights in and to the Software are fully reserved.
10.5 If you provide us with any suggestions, comments or feedback related to the Software (“feedback”), you agree that we can use such feedback in any way we choose and without any obligation to you or any entity or person directly or indirectly connected with you.
10.6 The BEEBUCKET name, our logos and our other registered and unregistered trademarks are trademarks belonging to us. We give no permission for the use of these trademarks and such use may constitute an infringement of our rights.
11 Term and Termination
11.1 This License Agreement is effective until terminated.
11.2 You may terminate this License Agreement at any time by permanently:
11.2.1 ceasing all Use of the Software; and
11.2.1 deleting the Software together with all copies in any form.
11.3 We may terminate this License Agreement at any time with immediate effect by giving you notice in writing.
11.4 This License Agreement will terminate automatically with immediate effect if you breach any of its terms.
11.5 If this License Agreement is terminated under section 11.2, 11.3 or 11.4:
11.5.1 the license granted to you under section 2.1 shall immediately cease;
11.5.2 such termination shall not prejudice any rights or remedies which have accrued as at the date of termination; and
11.5.3 any provision of this License Agreement that expressly or by implication is intended to come into force or continue in force on or after expiry or termination of this agreement shall survive and continue in full force and effect, including the following sections: 1, 6, 7, 9, 10, 11.1, 11.5 and 12.
12. general
12.1 Variation and revision
12.1.1 Subject to section 12.1.3, we may revise this License Agreement from time to time.
12.1.2 The revised terms and conditions of this License Agreement shall apply to the Software and its Use by you from the date of their publication on our website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, any revisions of this License Agreement.
12.1.3 No revision which we make to this License Agreement shall seek to impose a charge or fee upon you for your Use of the Software under this License Agreement.
12.2 Assignment
12.2.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under this License Agreement.
12.2.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under this License Agreement.
12.3 Severability
12.3.1 If a provision of this License Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
12.3.2 If any unlawful and/or unenforceable provision of this License Agreement would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
12.4 Waiver
No forbearance or delay by us in enforcing our rights under this License Agreement shall prejudice or restrict those rights and no waiver of any such rights or any breach of this License Agreement shall be deemed to be a waiver of any other right or of any subsequent breach.
12.5 Third party rights
This License Agreement is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
12.6 Entire agreement
Subject to section 7.1, this License Agreement constitutes the entire agreement between you and us and shall supersede all previous agreements between you and us in relation to the subject matter of this License Agreement and the Software.
12.7 True and accurate information about you
You warrant and represent that all details about you that you supply to us at any time (including but not limited to in any registration process which we require you to complete prior to downloading the Software) are true and accurate.
12.8 Right to Audit
12.8.1 During the term of this License Agreement and for a period of 24 (twenty-four) months after the date of its termination, we will have the right to audit your Use of the Software.
12.8.2 If we exercise our right to conduct an audit under section 12.8.1:
(I) we shall give you at least 15 days’ prior notice;
(II) you shall provide us (and our auditors or consultants, if any) all access, assistance and co-operation reasonably necessary for the audit to be carried out by us or on our behalf;
(III) you and us will each bear our own costs and expenses in relation to the audit unless the audit identifies a material breach by you of the terms of this License Agreement in which case you shall promptly reimburse us for all reasonable costs and expenses we incur in connection with the audit.
12.9 Law and jurisdiction
This License Agreement shall be governed by, and construed in accordance with, German law (excluding the provisions of the United Nations Convention on the International Sale of Goods), and each party hereby submits to the exclusive jurisdiction of the courts of Germany.
12.10 Interpretation
In this License Agreement, unless the context otherwise requires:
12.10.1 references to sections are to sections of this License Agreement;
12.10.2 references to this License Agreement means this License Agreement as may be revised from time to time;
12.10.3 the headings are inserted for convenience only and do not affect the construction or interpretation of terms and conditions;
12.10.4 words in the singular shall include the plural and vice versa;
12.10.5 a reference to one gender includes all genders;
12.10.6 if a period of time is specified and dates from a given day or the day of an act or event, it will be calculated exclusive of that day;
12.10.7 a reference to “includes” or “including” will be construed as “includes without limitation” or “including without limitation” (as the case may be); and
12.10.8 general words shall not be given a restrictive meaning by reason of their being preceded or followed by words indicating a particular class or examples of acts, matters or things.
13. questions
Any questions concerning this License Agreement or the Software should be directed to us at hello@beebucket.ai. Contact details are available
END OF COMMUNITY LICENSE AGREEMENT