Data Bear Connected Services
To use and/or register for the Data Bear Service you must be: a) of legal age to form a binding contract with Data Bear and b) cannot be a person barred from receiving the Data Bear Service under the laws of the country in which you reside or from where you use the Service. If you are registering on behalf of a corporation or other entity, you represent and warrant that you have the necessary right and authority to enter into these Terms on behalf of such corporation or entity and to bind such corporation or entity to the terms and conditions herein. By accepting these Terms you represent that you understand and agree to the foregoing.
BETA-TESTING SERVICE TERMS
About the Data Bear Service: You understand that the Data Bear Service is being provided in ‘beta’ and that features of the Data Bear Service are limited and do not reflect the full capabilities that the Data Bear Service will have on launch. The Data Bear Service is made available to you on an “AS IS” and “AS AVAILABLE” basis for the purpose of providing Data Bear with feedback on the quality and usability of the Data Bear Service. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE DATA BEAR SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES.
Registering to use the Data Bear Service: The beta trial of the Data Bear Service is offered by invitation only. Currently the Data Bear Service interoperates with many accounting software, and you must register for the Data Bear Service using your accounting system account credentials. You are responsible for all activity that takes place on your account. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your account.
Support: During the beta trial of the Data Bear Service, we will respond to technical and related inquiries from your authorized support contacts and try to correct or fix problems which arise.
Important Terms for Users: Those users who join the beta trial of the Data Bear Service by (i) registering to participate; and (ii) agreeing to these Terms together you will have advance access to the Data Bear Service on the following terms:
License to the Data Bear Service: We grant to you a limited, personal, non-exclusive, non-transferable license to access and use the Data Bear Service for trial purposes only. Your right to use the Data Bear Service is limited by all terms and conditions set forth in these Terms.
Restrictions on Use of the Data Bear Service: Data Bear may impose certain limitations on the use of the Data Bear Service, including, but not limited to restricting the number of accounts you may register, or imposing charges for certain features of the Data Bear Service. You agree to use the Data Bear Service only for purposes as permitted by these Terms and not to use the Data Bear Service for any purpose prohibited by applicable law or regulation. Data Bear reserves the right to modify or impose any limitations on the use of the Data Bear Service at any time, with or without notice to you. We also reserve the right at all times (but will have no obligation) to terminate users and/or terminate the Trial at any time without any liability whatsoever to you. In using the Data Bear Service you shall not:
- intentionally or unintentionally violate any applicable local, state, provincial national or international law or regulation, including without limitation using the capabilities of the Data Bear Service to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone else;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Data Bear Service;
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Data Bear Service or any software provided by us.
Third-Party Links and Websites: This Website may contain links to other websites that are not owned or controlled by Data Bear. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Data Bear of that third party, third party product or service. Data Bear is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that Data Bear endorses or accepts any responsibility for the content or use of such websites, and You hereby release Data Bear from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
Indemnification: You agree to defend, indemnify and hold Data Bear, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any content you submit, post, transmit, or otherwise make available through the Data Bear Service; (b) your use of the Data Bear Service; (c) any violation by you of these Terms; or (d) your violation of any applicable law or regulation or any rights of another. This obligation shall survive the termination or expiration of these Terms and/or your use of the Data Bear Service.
License to Data Bear: Except for material we may license to you, Data Bear does not claim ownership of the materials and/or content you submit to the Website Content. However, by using the Data Bear Service you grant Data Bear a worldwide, royalty-free, non-exclusive license to collect, use and store such Content solely for the purpose of providing the Data Bear Service. Said license will terminate within a commercially reasonable time after you or Data Bear terminate your account.
TERM AND TERMINATION
Term: The Trial is available to you for a period of ninety (90) days from the date that the Data Bear Service is first made available to You by us. We have the option in our sole discretion to extend the Trial, however we shall have no obligation to do so.
Termination by You: You may terminate your account and/or stop using the Data Bear Service at any time.
Termination by Data Bear: Data Bear may at any time, under certain circumstances and without prior notice, immediately terminate the Trial or suspend all or a portion of your account and/or access to the Data Bear Service. Cause for such termination shall include, but not be limited to: (a) violations of the Terms or any other policies or guidelines that are referenced herein and/or posted on the Data Bear Service or Website; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Data Bear Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Data Bear Service to you is or may become unlawful; (f) unexpected technical or security issues or problems; or (g) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by Data Bear in its sole discretion, and Data Bear will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Data Bear Service.
Effect of Termination: On termination, you will lose all access to the Data Bear Service and any portions thereof, including, but not limited to, your account.
IMPORTANT DISCLAIMERS AND SERVICE LIMITATIONS
THE DATA BEAR SERVICE IS PROVIDED “AS IS.” DATA BEAR SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND RELATING TO THE DATA BEAR SERVICE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DATA BEAR SERVICE IS AT YOUR OWN DISCRETION AND RISK AND ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE DATA BEAR SERVICE IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE DATA BEAR SERVICE. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DATA BEAR OR THROUGH OR FROM THE DATA BEAR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING DATA BEAR SERVICE. DATA BEAR WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE DATA BEAR SERVICE AND WILL NOT BE RESPONSIBLE FOR ANY DATA CHARGES YOU INCUR IN YOUR USE OF THE DATA BEAR SERVICE.
UNDER NO CIRCUMSTANCES SHALL DATA BEAR BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE OR THE DATA BEAR SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE DATA BEAR SERVICE, ANY BUGS, VIRUSES OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SERVICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DATA BEAR’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY GBP (£50) OR (B) AMOUNTS YOU’VE PAID DATA BEAR IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY THE APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
Access to Your Account and Content: You acknowledge and agree that Data Bear may access, use, preserve and/or disclose your account information and content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these Terms, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Data Bear, its users or the public as required or permitted by law.
Feedback: We welcome your suggestions, comments and feedback on the Data Bear Service especially during this Beta-Testing phase as it helps us to improve the product and our services. If you provide us with Feedback you agree that: (a) we are not subject to any confidentiality obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information belonging to you or any third party and you have all of the necessary rights to disclose the Feedback to us; (c) Data Bear (including all of its successors and assigns) may freely use Feedback without any restrictions; and (d) you are not entitled to receive any compensation or reimbursement of any kind.
Export Control: Use of the Data Bear Service may be subject to the export and import laws of the United Kingdom and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Service may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.K. or U.S. Treasury Department’s list of Specially Designated Nationals or the U.K or U.S. Department of Commerce Denied Person’s List or Entity List. By using the Data Bear Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Data Bear Service for any purposes prohibited by United Kingdom, United States or Australian law.
Notices: Data Bear may provide you with notices regarding the Data Bear Service, including changes to these Terms, by email or by postings on the Website and/or the Data Bear Service.
Governing Law & Disputes: These Terms shall be governed by the laws of the United Kingdom. No choice of laws rules of any jurisdiction shall apply to these Terms. The courts of the United Kingdom shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms or the Data Bear Service and you consent to the jurisdiction of such courts for any such action or proceeding. You waive all rights that you may have or that may hereafter arise to contest such jurisdiction of such courts. The parties waive any right to a jury trial with respect to any action brought in connection herewith. The application of the United Nations Convention on Contracts for the International Sale of Goods to these Terms is expressly excluded. You agree that any claim or cause of action arising out of or related to these Terms or the use of the Data Bear Service must be filed within one (1) year after the cause of action arose or be forever barred.
Questions/Contact: If you have any questions about these Terms or if you wish to receive any additional information, provide feedback or raise any concerns in relation to the Data Bear Service, please contact us at: firstname.lastname@example.org