Terms of Service
Last Updated: June 1, 2023
- The Platform and the Service are operated and maintained by Beehly, Inc. a Delaware corporation. "We", "us", “and "our" pertain to BEEHLY. "You" refers to the person accessing the Platform.
- These Terms are critical and contain crucial details about your legal rights, including limitations on BEEHLY's and certain third parties' liability, disclaimers of warranties, and jurisdiction submission. Every time you access the Service by any method (e.g., the Internet or mobile device), you consent to abide by the then-current Terms. If you disagree with these Terms, you should refrain from using the Platform or the Service.
2. Access & Usage
- You must be of legal age in your jurisdiction to use the Service. The Service is solely for your personal, non-business use unless a separate agreement is made with us for commercial usage. If any of your accounts have been terminated by us, or you have been prohibited from using the Platform or the Service, you must not use the Service.
3. Account Requirements
- Some aspects of the Service require a Beehly ("Account"). In creating an Account, you affirm that you are of legal age in your jurisdiction, capable of establishing and upholding legally binding contracts as per the applicable law, and that all provided information is precise, current, honest, and complete.
- You alone are liable for all activities on your Account. We disclaim any liability if your password and/or Account are misused by a third party. Thus, you commit to keeping your password secure and maintaining your account details updated.
- Unless explicitly allowed by Beehly and subject to the Terms and other additional conditions determined solely by Beehly, you are not allowed to operate multiple Accounts. You must not lend, transfer, or sell your Account or Account details to another party and must not use another user's Account without their written permission.
- Beehly may occasionally contact you on the email address provided during your Account registration. You can't opt-out from such communications, and it's your responsibility to ensure your email address is current. Beehly will not be liable for any losses or damages if you miss any communication due to an inaccurate or outdated email address.
- You can only use the Service as allowed by these Terms. All rights not explicitly granted to you are retained by BEEHLY, its third-party providers, and other respective owners, if any.
- The Service contains content copyrighted and/or trademarked by BEEHLY or BEEHLY's third-party licensors and suppliers (collectively, the "Content"). Your use of the Service implies acknowledgment of its creation through considerable time, effort, and money, and its value as BEEHLY's and others' intellectual property. Therefore, you agree to protect BEEHLY's and others' rights in the Service during and after the validity of these Terms.
- Subject to these Terms, and your compliance, BEEHLY grants you a limited, personal, non-exclusive, non-sub-licensable, and non-transferable license to use the Content and the Service for your personal use only. You commit not to use the Service or any of the Content for commercial purposes.
- Any breach of these Terms will result in automatic termination of the above license.
5. Prohibited Activities
- By agreeing to these terms, you commit not to:
i. Replicate, alter, or create secondary versions of the Service or any of its Content;
ii. Duplicate, restructure, or compile any Content (inclusive of data) with the aim of presenting it to any third party;
iii. Engage in commercial or non-commercial exchange, lease, loan, or authorization of any Content or access to the Service;
iv. Employ or introduce any data gathering or extraction method like data mining, crawling, "scraping", robot, or other automated systems to the Service, or manually access, obtain, monitor or copy any portion of the Service, or download or store Content (unless expressly authorized by BEEHLY).
v. Generate excessive information requests or engage in actions that disrupt, interfere or put a substantial burden on the Service or any associated server or network, or negatively affect the quality, availability, speed, or functionality of any Content or the Service;
vi. Insert a virus, Trojan horse, worm, time bomb, or other malicious software into the Service or the Platform, or use any device or software to circumvent any software or hardware that restricts volume requests for information;
vii. Breach, override, or circumvent any security protocol intended to limit or prevent access to the Platform, Content, or Service; or try to gain unauthorized access to the Service, any Content, or any connected computer systems or networks, whether through hacking, password mining, unauthorized use of another's password/credentials or any other means;
viii. Limit, inhibit, or disrupt any other user's use of the Service (including by hacking or defacing the Platform);
ix. Introduce or distribute through the Platform any computer program that damages, interferes with, intercepts, collects, releases or discloses any system, data, or personal information of ours or any third party;x. Utilize any of our trademarks, service marks, trade names, or logos or those of any third party displayed on the Platform;
xi. Alter or remove any copyright or other proprietary notice in the Content;
xii. Use the Website, Content, or Service for or in connection with any activity that (i) breaks any law, statute, ordinance or regulation, including without limitation, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), or (ii) involves proceeds of any unlawful or illegal activity.
- Furthermore, you recognize and accept that you (and not BEEHLY) are solely responsible for procuring and maintaining all necessary telecommunications, broadband, and computer hardware, equipment, software, and services needed for your access and use of the Service, and for covering all related charges.
6. Account Suspension and/or Termination
- If we suspect you of misusing our Services in any manner, we reserve the right, at our sole discretion and without limiting other potential remedies, to restrict, suspend, or terminate your user account(s) and your access to our Services. We may also delay or remove hosted content, remove any special status linked to your account(s), omit, hide, and/or downgrade listings, reduce or cancel any discounts, and take technical and/or legal actions to bar you from using our Services. Beehly retains the right to deactivate and/or delete your account, delete your profile along with any User Content that you've contributed to the Service, and/or restrict your usage or access to the Service for any reason, or even no particular reason at all. This could happen at any time, at Beehly's sole discretion, with or without advance notice. This applies particularly if we have reason to believe that you are below the age of 18.
7. Content Ownership and Intellectual Property Rights
- Provided you comply with these Terms, you are allowed to view, print, and create copies of Content for your personal use. Without our prior written permission, you shall not, in any way that violates these Terms, copy, reproduce, download, "screen scrape", store, transmit, broadcast, publish, modify, create a derivative work from, display, perform, distribute, redistribute, sell, license, rent, lease or otherwise use, transfer (either in printed, electronic or other format) or exploit any Content, in whole or in part. To request permission to use any Content outside of the provisions in these Terms, please contact support@Beehly.com.
- As between you and BEEHLY, all Content is owned or controlled by BEEHLY. Except as stated below, all product or service names or slogans shown on the Service are registered and/or common law trademarks of BEEHLY or its suppliers or licensors, and cannot be copied, imitated, or used, in whole or in part, without prior written consent from BEEHLY or the relevant trademark holder. Furthermore, the overall design of the Service, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of BEEHLY and may not be copied, imitated, or used, in whole or in part, without prior written permission from BEEHLY. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Service are the property of their respective owners. Mentioning any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not imply or indicate endorsement, sponsorship, or recommendation by BEEHLY.
- No provision in these Terms grants you any interest in the intellectual property of BEEHLY or any third party. Any misuse of BEEHLY's trademarks or other intellectual property, except as specifically permitted by these Terms, is strictly prohibited.
- If you become aware of any violation or infringement of BEEHLY's or its providers' intellectual property rights, you should promptly notify BEEHLY at support@Beehly.com.
- The name "Beehly", as well as all related logos, trademarks, service marks, and trade names, are exclusively owned by BEEHLY. The absence of a name, logo, or other mark does not constitute a waiver of any intellectual property rights that BEEHLY has established. Other trademarks, names, or logos used on the Website are the property of their respective owners. You are not authorized to use any of the above.
- You acknowledge that BEEHLY and/or its providers hold the copyright under applicable laws (including copyright laws and other intellectual property laws) in and to all Content, and all rights in and to such Content have been reserved.
8. Connecting the Service to Your Website
- You have the liberty to establish one or more connections to the Service (collectively known as the "Link") on your personal website ("Your Site") under the following conditions:
i. The Link should only display "Beehly", "Beehly.com", or "Link to Beehly.com";
ii. Your Site must not feature any content that is illegal, threatening, abusive, slanderous, defamatory, or deemed inappropriate by our exclusive judgement;
iii. All content appearing alongside the Link or on the same page as the Link (for instance, a complete article containing the Link, regardless of whether it's entirely on the same page as the Link) must not harm or dilute the goodwill linked with BEEHLY's name, reputation, or any of its trademarks, trade names, or service marks, as solely determined by BEEHLY;
iv. No content on Your Site should suggest that you, Your Site, or any other service, individual, or entity is related to, sponsored by, or endorsed by BEEHLY, or that any activities you or others are involved in have been authorized by BEEHLY.
- We hold the right to revoke our consent to a Link at any moment, as per our sole judgement, without prior notice. If we inform you that you are no longer allowed to link to the Service, or to a certain page or document, you must promptly remove all affected Links from Your Site within three calendar days.
9. Community-Contributed Content; Granting Rights to Beehly
- In accordance with these Terms, the Service allows you to post and share texts, images, videos, predictions, and other materials. The responsibility for the content you provide, including but not limited to compliance with applicable laws, rules, and regulations, lies solely with you.
- By using the Service, you understand and accept that you may encounter content that could be damaging, disrespectful, annoying, offensive, incorrect, deceptive, or generally inappropriate. The individual or entity (not Beehly) is entirely accountable for all community-contributed content they post on the Platform. Beehly may not preview, examine, or control all community-contributed content and will not be held accountable for such content. However, Beehly, at its sole discretion, retains the right to remove any community-contributed content without incurring liability or needing to provide a refund, under the following circumstances:
i. If the community-contributed content violates these Terms and/or the Community Rules.
ii. If we have received a grievance or infringement notice regarding the community-contributed content.
iii. If the community-contributed content is otherwise offensive.
- All community-contributed content posted should not be interpreted as financial advice, and you agree to bear all risks associated with using information from such content.
- Before posting any community-contributed content, you acknowledge and agree that you own or have the license to the intellectual property rights in such content. If you suspect that other community-contributed content infringes your intellectual property rights, please report to us at email@example.com.
- While you maintain ownership of the content you share on the Platform, you grant Beehly a global, fully-paid, royalty-free, transferable, and sublicensable license to host, store, use, showcase, replicate, alter, adjust, edit, publish, and distribute such content. This license serves the purpose of operating, expanding, promoting, and enhancing the Service, as well as researching and creating new products and services. We are under no obligation to offer you compensation for the content you provide or publish on the Platform. Your utilization of the Service is deemed sufficient remuneration for the content you provide or post on the Platform and for the rights granted within this agreement.
- Any communications, including but not limited to feedback, questions, comments, or suggestions to BEEHLY (collectively, "Feedback") will be considered non-confidential and non-proprietary. All Feedback should be submitted through the Platform only. You hereby transfer to BEEHLY all rights, title, and interest in the Feedback, and BEEHLY is free to use any ideas, concepts, know-how, techniques or other intellectual property and proprietary rights contained in the Feedback, without any attribution or compensation to you, for any purpose whatsoever. BEEHLY is not obliged to consider, accept, use, display, reproduce, or distribute any ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use. BEEHLY may use aggregated and statistical data derived from usage of the Platform.
11. Disclaimer and Limitation of Liability
- The material accessible on our Service and Platform is purely for informational purposes. The Service does not constitute or imply any offer of any currency, security, or financial instrument, nor does it offer investment advice or recommendations. BEEHLY does not provide specific advice on investment strategy or predict the future value of any currency, security, or other asset. The content should not be used as the sole basis for any investment strategy or financial product without explicit prior written consent from BEEHLY.
- Content on the Service is provided by third-party providers unaffiliated with BEEHLY. We do not validate the accuracy, completeness, or reliability of the content and make no warranty about these aspects.
- Please note that our Service and the content it contains may contain inaccuracies or errors. We cannot guarantee the accuracy, completeness, timeliness, security, availability, or integrity of our Service or its content. We also don't guarantee that our Service will work with all software, services, systems, data, or information, nor that our Service or any content will be uninterrupted. The Service and all content are offered "as is" without any warranty. We disclaim all warranties that our Service, servers, or any emails from us are free of viruses or harmful components.
- Under applicable law, we assume no liability for any errors, inaccuracies, property damage, unauthorized access to our servers, interruption or termination of transmission from our Service, bugs, viruses, or harmful components transmitted by third parties, errors or omissions in content, or any defamatory, offensive, or illegal third-party conduct.
- BEEHLY (including its officers, directors, employees, members, agents, and affiliates) will not be liable for any indirect, punitive, incidental, special, consequential damages or lost profits resulting from your access or use of our Service or inability to access or use the Service. We are also not liable for any viruses, information, software, linked services, products, and services obtained through the Service. This applies regardless of the legal theory of the damages and even if we have been advised of the possibility of such damages.
- BEEHLY's total liability to you will not exceed $100.00. This limitation of liability reflects the risk allocation between parties. These limitations will survive and apply even if any remedy in these terms fails.
- Some jurisdictions do not permit the exclusion or limitation of incidental or consequential damages, so these limitations may not apply to you. You may have other legal rights that vary by jurisdiction. The disclaimers, exclusions, and limitations will not apply where prohibited by law.
12. Indemnity Agreement
- Unless prohibited by law, you are obliged to indemnify and safeguard BEEHLY, its associates, members, managers, directors, staff, partners, consultants, contractors, service providers, representatives, affiliates, and successors from any potential or actual third-party legal actions, claims, losses, liabilities, damages, costs and expenses, including reasonable legal fees. This indemnity covers circumstances such as your use or misuse of the Service or Content, violation of these Terms or any applicable law, claims that your information provided to BEEHLY violated any third-party rights, and any dispute you have with a third party regarding the Service or Content. If necessary, BEEHLY can assume the defense against indemnified claims at its own expense, requiring your full cooperation.
- As an integral part of our Service, we may integrate advertisements offered by Beehly and/or various third parties. These ads might be customized based on the Content, information present on the Service, inquiries made through the Service, or any other relevant data. The kind and volume of advertising present on the Service can vary.
- In exchange for Beehly granting you the ability to access and utilize the Service, you agree that Beehly and its associated third-party providers and partners may place these advertisements on the Service or in conjunction with the display of Content or information from the Service, whether submitted by you or others. The onus is on third-party advertisers and sponsors to ensure that the materials they submit for inclusion in advertisements on the Service are accurate and comply with all pertinent laws.
- We disclaim any responsibility for any illegality, error, inaccuracy, or complications in the materials supplied by the advertiser or sponsor.
14. Third-Party Websites
- The Service might offer links to websites run by third parties. Utilizing these links is entirely at your discretion and involves your own risk. We do not exercise any control, neither do we monitor or make any assertions about these third-party websites. Provided these links are supplied by us, their sole purpose is for convenience, and their inclusion doesn't express our endorsement, sponsorship, affiliation, or approval of these third-party websites.
- When you exit our Platform, whether through a link within the Platform or by using your web browser, mobile device, or other navigation tools, the information you encounter isn't supplied by us. Our policies and terms don't apply to your use of third-party websites. We aren't responsible for, we don't control, and we don't review or monitor the content on any other website. A link to a third-party website doesn't indicate BEEHLY's sponsorship, approval, affiliation, or endorsement of that third-party website or its products or services.
- You consent that, under no circumstances, will BEEHLY be held accountable, directly or indirectly, for any goods, services, information, resources, and/or content accessible through any third-party website or services, for any interactions or communications you may have with third parties, or for any harm, damages, or loss alleged to be caused by or in association with any of the aforementioned or your usage of or reliance on the materials, the content, or business practices of any third party.
15. Website Alterations
- At any time, BEEHLY holds the right to modify, suspend, or discontinue the Service or any Content without notifying you beforehand. We are not liable for any resulting impacts on you or any third party.
16. Terms Revision
- These Terms may be updated periodically without prior notice. You are obliged to adhere to any changes to these Terms once they are posted on the Service. We advise checking these Terms regularly to stay updated.
- The recourses BEEHLY possesses under these Terms are accumulative and supplement any other options accessible to BEEHLY. BEEHLY is entitled to pursue all legal and equitable remedies for any breach of these Terms. Should we deem it necessary, BEEHLY can suspend, terminate, or restrict your access to the Service, partially or entirely, for any actual or suspected breach without prior notification. Any breach of these Terms on your part is construed as a contractual violation.
- We retain the right, without any obligation, to scrutinize any presumed breach of these Terms or any improper use of the Service. Moreover, we maintain the right to report any activity, data, or individuals and cooperate with entities such as: (i) law enforcement agencies; (ii) financial regulatory bodies, including the U.S. Securities and Exchange Commission (SEC) and the Monetary Authority of Singapore; (iii) system administrators at Internet Service Providers, networks, or computing facilities; and (iv) providers or third-party vendors if we suspect any violation of these Terms or any law, rule, or regulation. You understand that such reporting or cooperation may involve sharing information about you and/or your use of the Service, including but not limited to your email address, IP address, or other identifiable details, with law enforcement agencies, financial regulators, third-party providers, vendors, or system administrators. Furthermore, we may divulge any information we deem necessary to abide by the applicable law, regulation, subpoena, or other legal procedure or government or regulatory request.
18. Governing Law
- These Terms, along with any disputes, claims, or other legal proceedings between you and us, including but not limited to those arising out of or related to these Terms or your access or use of the Service, shall be subject to and interpreted according to U.S. federal law and the laws of Delaware, without considering any conflict of law principles. You consent to the exclusive jurisdiction of a state or federal court in Delaware, competent to handle any actions related to the Service and/or these Terms, and you commit irrevocably to this jurisdiction, waiving any objections to this jurisdiction and venue (including any forum non-conveniens arguments).
- You recognize that any violation of the forementioned sections, "Prohibited Activities" or "Ownership and Intellectual Property," would inflict immediate and irreparable damage to BEEHLY, for which financial compensation would not be adequate. Therefore, besides all other remedies available to BEEHLY under law or equity, BEEHLY is entitled to request injunctive relief without the need to demonstrate damages or post a bond or other security in the case of such a breach or imminent breach.
19. Class Action Waiver
- Every legal claim has to be presented in the individual capacity of the concerned party and not as a plaintiff or participant in any assumed class, collective, representative, multiple-plaintiff, or similar proceeding (hereafter termed as a "Class Action"). Both parties categorically forgo any ability to conduct any Class Action in any given forum. In case the claim falls under arbitration, the arbitrator will not be permitted to merge comparable claims or lead any Class Action, nor confer an award to any individual or entity not involved in the arbitration. Any claim stating that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable can be adjudicated solely by a court holding competent jurisdiction and not by an arbitrator. The parties understand they are forfeiting any right to a court trial, to have their case decided by a judge or jury, or to be part of a class or representative action, and that any claims need to be resolved individually, via arbitration.
- In the event the class action waiver is found unenforceable, then the whole of the Arbitration Agreement, provided it is otherwise effective, will be invalidated. The arbitrator may only provide declaratory or injunctive relief for the individual party seeking such relief and only to the degree necessary to grant relief warranted by that party's individual claim. If for some reason a claim proceeds in court rather than in arbitration, both you and Beehly abandon any right to a jury trial.
20. Apple App Use
- The subsequent terms and conditions apply exclusively to you if you're using the App downloaded from the Apple App Store. If there's any conflict or if other terms and conditions of these Terms are less strict than the terms and conditions of this paragraph, the more strict or conflicting conditions in this paragraph will prevail, but only concerning the App from the Apple App Store.
- You recognize that Apple has no obligation to provide any maintenance or support services related to the App. If the App fails to comply with any applicable warranty, you can notify Apple, and Apple may refund the purchase price, if any, for the App to you. However, Apple will not have any further warranty obligations concerning the App, and any other claims, losses, liabilities, damages, costs, or expenses related to any failure to meet any warranty will be governed solely by these Terms.
- Both you and the Provider agree that Apple is not responsible for addressing any of your claims or those of a third party regarding the App or your possession and/or usage of the App. These claims include, but are not limited to, product liability claims, any claim that the App doesn't meet any applicable legal or regulatory requirement, and claims emerging from consumer protection or similar laws.
- You must abide by relevant third-party terms of agreement when using the App. Both you and the Provider acknowledge and accept that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as they relate to your licensing of the App. Upon your acceptance of the Terms, Apple will gain the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
21. Overall Agreement
- No Affiliation: You accept that no joint venture, agency, partnership, or employment relationship exists between you and BEEHLY or its affiliates as a result of these Terms or your use of the Service.
- Force Majeure: BEEHLY shall not be responsible or liable for any delay or failure in performing its obligations hereunder if such delay or failure is caused by events beyond its reasonable control, including but not limited to strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, pandemics, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer services.
- Law Compliance: Our performance under these Terms will be in accordance with existing laws and legal processes, and nothing in these Terms restricts our right to comply with law enforcement or other legal or governmental requests or requirements relating to your use of the Service or information provided to or collected by us about such use. Unless prohibited by law, you agree to initiate any claim or cause of action arising from or related to your use of this Service within two years from the date on which the claim or action arose, or you will irrevocably waive such claim or cause of action.
- Transfer and Assignment: You may not transfer or assign these Terms or any rights and licenses granted hereunder. BEEHLY may assign these Terms without any restrictions. Any attempt by you to transfer or assign these Terms will be null and void.
- Validity of Provisions: If any provision of these Terms, including the warranty disclaimers and liability limitations above, is found invalid or unenforceable under applicable law, that provision will be replaced with a valid and enforceable one that, as much as possible, achieves the original intent and commercial purpose.
- Legal Restrictions: Depending on the jurisdiction, some rights may not be subject to the disclaimers and limitations of liability above or the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.
- Section Titles and Terminology: Any section titles or headings in these Terms are for convenience only and will not affect their interpretation. The terms "include" and "including" are to be understood as if followed by "without limitation."
- Third Parties: Unless specifically stated in these Terms, non-parties to these Terms do not have any legal or equitable rights to enforce or enjoy the benefits of any term in these Terms.