Terms of Service

Welcome to Social Beem, a cloud-based social proof app for websites (the “Platform” or “Service”). These Terms of Service (the “Terms”) constitute a legally binding agreement between you and Social Beem, a company incorporated under the laws of the state of the United Kingdom (the “Company“, “Social Beem“, “we“, or “us“), and govern your use of the Company’s services which are available via the Platform.

We may modify these Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms on socialbeem.com. It is your responsibility to review these Terms periodically for changes. By continuing to use the Service after we have posted modifications to these Terms, you are indicating that you agree to be bound by the modified Terms. If the Service has your email address on record (subject to our privacy policy), we may use this to inform you of changes to these Terms in advance.

Your use of the Service signifies your understanding and agreement to be bound by these Terms and to comply with all applicable laws, rules, and regulations. If you do not agree to these Terms, please do not register and use the Service.

You may not register and use the Service if you are under the age of 13, if you are not qualified to create a binding legal agreement, or if the use of the Service is prohibited by the law applicable to you.

If you are accepting these Terms on behalf of your employer or another entity you are affiliated with (the “Administrator”), you represent and warrant that: (i) you have full legal authority to bind the Administrator to these Terms; and (ii) you agree, on behalf of the party that you represent, to these Terms. In such case, any reference to “you” shall refer to both you and to the Administrator. If you do not have the legal authority to bind the applicable Administrator, you may not accept these Terms and the Administrator may not use the Service.

1. The Service

Social Beem reserves the right to modify, suspend, or terminate any aspect of the Service, including the availability of any part of it, at any time. Social Beem may offer additional services to certain users that may not be available to general users, and may modify, limit, deny, or impose restrictions on certain features and services or restrict access to parts or all of the Service. Social Beem may terminate your access for any reason or no reason at all by ceasing to provide the Service to you, and will not be liable to you for any such termination.

You agree to use the Service solely for personal use and not to transfer or resell the Service, in whole or in part, to any third party or allow unauthorized access to the Service by any third party. You agree not to reproduce, duplicate, copy, sell, trade, or resell the Service for any purpose.

You agree to access the Service only through the interface provided by Social Beem and to abide by our Privacy Policy, which explains how we collect and use information. Our Privacy Policy is an integral part of these Terms.

Social Beem is not responsible for any configurations you create using the Service, including their results and implications on your applications, software, systems, hardware, and the applications, software, systems, and hardware of your users.

Social Beem is not responsible for any delays, delivery failures, security failures, or any other loss or damage resulting from the storage or transfer of data over communications networks and facilities, including the internet, or from the performance of any third-party communication or storage provider used by you or by the Company. You acknowledge that the use of the Service may be subject to interruptions, limitations, delays, and other risks associated with the use of such storage and communications facilities.

2 - Registration

To use the Service provided by Social Beem, you must create an account (the "Account") by registering with your email address and creating a unique password.

It is your responsibility to maintain your Account and ensure the confidentiality of your password. You guarantee that any information provided during registration is accurate, complete, and up to date.

You may not allow any third party to use your Account or grant access to your Account to any third party. You are solely responsible for the conduct of any party that uses your Account, whether or not authorized by you.

3. Subscription and Payments

Social Beem provides its Service on a subscription basis, which shall automatically renew for additional periods equal to the original initial term specified in your Account, unless either party gives the other notice of non-renewal before the end of the relevant subscription term.

If you choose not to renew the Service, you must send your non-renewal request to support@socialbeem.com or through our designated web interface. We will confirm your non-renewal request when it is processed. If you do not receive a confirmation, please contact Social Beem as soon as possible. The Fees (as such term defined below) during any such renewal term shall be the same as that during the prior term unless we have given you written notice of a pricing increase at least 30 days before the end of such prior term, in which case the pricing increase shall be effective upon renewal and thereafter.

By accessing or using the Service beyond any subscription term renewal date, you agree to renew your subscription to the Service for the corresponding renewal period and to pay all applicable Fees in connection with such renewal period.

In exchange for our Service, you shall pay all Fees designated in your Account. Unless otherwise specified, Fees are based on the number of monthly unique visitors.

You agree to promptly notify us of any changes to your billing information. If you choose to pay with a credit card, you authorize us to charge your credit card on a recurring basis for all applicable Fees and to store your credit card information on our servers and/or on third-party payment processing provider's servers. All amounts are payable in advance, on the date of the invoice. Your payment may be processed through a third-party payment processing service, and additional terms may apply to such payments. We currently engage a third-party payment processing service, and in addition to these Terms, you agree that such third-party terms and conditions shall apply to your online payments of the Fees. We reserve the right to use other third-party payment processing services for such purposes in the future.

4 - Intellectual Property and License

Subject to these Terms, Social Beem grants you a limited, non-transferable, non-exclusive, non-assignable, non-sub-licensable personal license to access and use the Service for non-commercial use, for as long as your Account is active, provided that you are in full compliance with these Terms. Unless explicitly stated, no other rights or licenses, expressed or implied, are granted to you by Social Beem with respect to the Service, including any proprietary information, patent, copyright, trademark, trade secret, or other intellectual property right, whether registered or not.

All right, title and interest in the Service and the Platform and any materials provided by Social Beem to you, and any development or derivative thereof, including without limitation, all copyrights, trade secrets, and other intellectual property rights pertaining thereto shall remain vested in Social Beem and its licensors, and these Terms do not convey to you any interest in or to the Service or the Platform, except for a limited right of use in accordance with these Terms.

All information, such as photos, texts, scripts, designs, graphics, logos, audios, videos, songs, interactive features, trademarks, service marks, trade names, data files, computer software and other content (as well as advertisements and sponsored content within the Service) (together, the “Content”) used, displayed, included, incorporated, uploaded, posted or published by Social Beem or other third parties, as part of the Service (other than Client Content (as such term is defined below)), are the sole property of Social Beem and/or its licensors (“Social Beem’s Content”), subject to copyright and other intellectual property rights under applicable laws, and you may not use, download, distribute and/or copy them, in whole or in part, without the prior written permission of Social Beem or any relevant third party. For the sake of clarity, you may not copy, reproduce, modify, publicly display, publicly perform, publish, distribute, sell, license, rent, transfer, reproduce, create derivative works based on, or exploit in any way, Social Beem’s Content or any part thereof.

If you provide feedback or suggestions regarding the Service, such feedback and suggestions shall become the property of Social Beem, and you acknowledge that Social Beem may use them at its discretion, without any obligation to you.

The Service may contain links to other third parties’ websites, applications, or features, or referrals to certain third parties’ products or services that are not owned or controlled by Social Beem. Social Beem has no control over them. If you choose to visit such third party’s websites, applications or features, or use their products or services, please be aware that such third party’s own terms of use and privacy policy will apply and govern your activities and any information you disclose while interacting with such third parties. Social Beem does not make any representation or warranty whatsoever regarding such third party websites, applications, features, services, products or content. Social Beem does not endorse and cannot ensure that you will be satisfied with any content, products or services that you accessed, purchased, or downloaded from such other third parties, and is not responsible or liable in any manner for your interaction with those parties.

Overall, the revised terms ensure that the user understands that they have a limited license to access and use the Social Beem service and its associated content. The revised terms also clarify that the ownership of the content belongs to Social Beem and that the user cannot use, copy, or distribute the content without prior written permission. The revised terms also clarify that Social Beem is not responsible for any interactions the user may have with third parties and their products or services.

5 - Third Party Materials

Social Beem may incorporate software or other materials provided by third parties (including “open source” software) (“Third Party Materials”) into the Service. Your use of such Third Party Materials will be subject to the specific license agreements that apply to each individual Third Party Material. In addition to any terms and conditions set forth in any third party software license, and without limiting those terms, the warranty disclaimer and liability limitation set forth in these Terms of Service shall apply to all software, including Third Party Materials. If the Service contains any software provided by third parties that is not listed on the Social Beem website, the restrictions contained in these Terms shall apply to all such third party software providers and third party software as if they were Social Beem and the Service, respectively. By using the Service, you agree to abide by the licenses that apply to any Third Party Materials.

6 - Anonymous Information

Social Beem may collect, use and publish Anonymous Information (defined below), and disclose it to its third party service providers, among other things, to provide, develop, improve, and publicize the Service. By using the Service, you grant Social Beem full access to such Anonymous Information. "Anonymous Information" means information about the use of the Service or the Platform which does not enable the identification of an individual, such as aggregated and analytics information about the use of the Service.

At Social Beem, we take the privacy of our users seriously. We understand that the collection of anonymous information can be a sensitive issue for some, and we want to assure you that we are committed to keeping your data safe and secure.

We use Anonymous Information to help us understand how our Service is being used and to improve it for the benefit of our users. This may involve sharing some of this information with third party service providers who work with us to develop and maintain our Service. These providers are bound by strict confidentiality agreements and are only given access to the information that they need to perform their work for us.

Your use of the Service constitutes your agreement to allow Social Beem to collect and use Anonymous Information in the manner described in this section. However, if you have any concerns about the collection of Anonymous Information or would like more information, please do not hesitate to contact us. We will be happy to address any questions or concerns you may have.

 

7. Client Content

When using Social Beem, you may upload or provide certain content to us, such as images and texts (“Client Content”). You shall be solely responsible for any Client Content that you provide and for any damage or loss resulting therefrom. It is your responsibility to comply with all applicable laws, regulations, and industry guidelines that are applicable to the Client Content.

We do not claim any ownership over your Client Content, except for the minimal rights necessary to provide you with our Service. We will only use your Client Content as required to facilitate the use of our Service and will not use it for any other purpose without your express consent. You retain all ownership rights in your Client Content.

8 - Prohibited Use

You may not, and may not permit or aid others to:

i. use Social Beem for any purpose other than the purpose explicitly set forth in these Terms;

ii. copy, alter, translate, emulate, create derivative works based on, or reproduce Social Beem;

iii. modify, publish, sell, distribute, assign, pledge or transfer (by any means), display, sublicense, rent, lease or otherwise share the rights granted under these Terms;

iv. reverse engineer, de-compile, modify, revise or disassemble Social Beem or any part thereof, or extract source code from the object code of Social Beem, or access Social Beem in order to build a competing product or service;

v. bypass any measures we may use to prevent or restrict access to Social Beem, and/or take any action intended to circumvent or disable the operation of any security feature or measure of Social Beem;

vi. access Social Beem via any means other than through the interface provided by us, or via automated means, including by crawling, scraping, caching or otherwise (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent);

vii. use Social Beem in any manner that is illegal or not authorized by these Terms;

viii. take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our service providers’) infrastructure;

ix. infringe your organization’s internal policies, guidelines, and procedures;

x. provide any information, including any e-mail addresses or telephone number of friends or team members, if you do not own or have permission to provide us with such information;

xi. use Social Beem (a) in a way that infringes, violates, misuses or otherwise interferes with any copyright, patent, trademark, trade secret or other right of any third party; (b) in a way that is defamatory, abusive, harassing, threatening, racist, or constitutes an invasion of a right of privacy of another person, or is otherwise offensive, violent, vulgar, obscene, or otherwise harms or can reasonably be expected to harm any person or entity; (c) in a way that is illegal or encourages or advocates illegal activity; (d) to post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any third party; (e) to introduce viruses, trojan horses, worms, or any other computer programs designed to interrupt, destroy, or limit the functionality of Social Beem or any system, computer software, hardware or telecommunications equipment; (f) to create a false identity or impersonates another person; (g) to “stalk” or otherwise harass another or in a way that is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing” as such terms are commonly understood and used on the internet; (h) to violate any applicable local, state, national or international law or regulation; or (i) in relation to crimes such as theft and fraud.

9 - Termination

Social Beem may terminate or suspend your license, Account, and access to the Service (or any part thereof) immediately, without prior notice or liability, if you breach, or fail to comply with, any of the provisions contained in these Terms. However, all the provisions of these Terms that should survive termination (including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability) shall remain in full force and effect following termination thereof, for any reason whatsoever. Termination of these Terms shall not relieve you from any obligation arising or accruing prior to such termination or limit any liability which you otherwise may have to Social Beem.

In addition to our termination rights, we may temporarily suspend your Account (including any access thereto) and/or the Service in the following events:

i. We believe, in our sole discretion, that you or any third party are using the Service in a manner that may impose a security risk, cause harm to us or any third party, and/or may raise any liability by us or any third party; ii. We believe, in our sole discretion, that you or any third party are using the Service in breach of these Terms or applicable laws; iii. The payment obligations under your Account, in accordance with these Terms, are or are likely to become overdue.