Terms and Conditions of Use

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Data Bear Limited, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Data Bear Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Data Bear Limited and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

  1. All Content included on the Website, unless uploaded by Users, is the property of Data Bear Limited, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
  2. You may, for your own personal, non-commercial use only, do the following:
    1. retrieve, display and view the Content on a computer screen
  3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Data Bear Limited.

Prohibited use

  1. You may not use the Website for any of the following purposes:
    1. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
    2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
    3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Links to other websites

  1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Data Bear Limited or that of our affiliates.
  2. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
  3. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Policy and Cookies Policy

  1. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: https://databear.com/privacy-policy/

Availability of the Website and disclaimers

  1. Any online facilities, tools, services or information that Data Bear Limited makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Data Bear Limited is under no obligation to update information on the Website.
  2. Whilst Data Bear Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
  3. Data Bear Limited accepts no liability for any disruption or non-availability of the Website.
  4. Data Bear Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

  1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
  2. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
  3. To the maximum extent permitted by law, Data Bear Limited accepts no liability for any of the following:
    1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
    2. loss or corruption of any data, database or software;
    3. any special, indirect or consequential loss or damage.

General

  1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
  2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
  3. These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
  4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
  5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
  6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
  7. These terms and conditions will be governed by and interpreted according to English law. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of the English courts.

Data Bear Limited details

  1. Data Bear Limited is a company incorporated in England and Wales with registered number 9990640 whose registered address is 130 Old Street, London, EC1V 9BD and it operates the Website https://databear.com.

You can contact Data Bear Limited by email on info@databear.com.


Data Bear Connected Services

Beta Terms of Use

DATA BEAR LTD. OWNS AND OPERATES THE WEBSITE LOCATED AT HTTP://DATABEAR.IO/ (THE WEBSITE WHICH IS CURRENTLY AVAILABLE IN BETA-RELEASE ONLY. THESE TERMS OF USE APPLY TO ALL USERS OF THIS WEBSITE (INCLUDING ALL OF THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE), INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO ORDER AND/OR USE SERVICES PROVIDED THROUGH THIS WEBSITE AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE. PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEBSITE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY DATA BEAR FROM TIME TO TIME WITHOUT NOTICE. THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE, AND IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE OF THE WEBSITE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.

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.

DATA TERMS

Personal Information: When you register to use the Data Bear Service and through your use of the Data Bear Service we will have access to certain personal information and device data. Please review our Privacy Policy carefully as it sets out how we collect, store and use information about our users and will govern use of your personal information. If you do not agree with any of our privacy practices you must not use 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.

General TERMS

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.

Entire Agreement: These Terms (together with the Data Bear Privacy Policy) constitute the entire agreement governing use of the Data Bear Service during the Trial and all related activities. We reserve the right to modify or change the Data Bear Service at any time without notice or liability to you. These Terms shall not be modified except by a new posting of these Terms by Data Bear. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. Our failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. You may not assign any part of these Terms or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent.

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: support@databear.com