Terms of Service
Please read these Terms of Service ("Terms") carefully. By downloading, accessing or using the mobile applications, websites or other products or services (collectively, the "Services") of Beans and our affiliates ("we" or "us"), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.
We may change or modify these Terms at any time and in our sole discretion. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your Beans account.
Who can use Beans
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one Beans account.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof.
Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, "Beans Content"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use of Beans Content may violate such laws and these Terms. Except as expressly provided in these Terms, Beans does not grant any express or implied rights to use Beans Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Beans Content, the Services or any related software, except as expressly stated in these Terms.
You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and Beans Content. This license is revocable at any time.
Payments for your use of the Service are calculated on a per account basis. Each account that utilizes a paid (non-free) plan, will incur monthly charges. These monthly charges can be billed to the credit card on file for your account (a process known as “Account Billing”). In either case, you understand and agree that you, as the Beans Business account holder, are ultimately responsible for payment for your account.
- If you sign up for a paid (non-free) account, you will be billed monthly starting on the day you have subscribed to a paid plan.
- The Service is billed on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only any federal, provincial or state income taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of content, features, or capacity of your Account. Beans does not accept any liability for such loss.
- All prices listed on the website are in American Dollars (USD) unless otherwise stated.
- You are solely responsible for properly cancelling your account. You can cancel your account at any time by emailing us.
- If you cancel the Service before the end of your current paid-up month, your cancellation will take effect immediately and you will not be charged again.
- Beans, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Beans service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account. Beans reserves the right to refuse service to anyone for any reason at any time.
- If, at any time, the billing obligations of any Beans service are not met, Beans will have the right to disable the website in its entirety.
Modifications to the Service and Prices
- Beans reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to our website, and my email notice.
- Beans shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WHILE BEANS ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS OR IMPERFECTIONS.
By agreeing to these Terms you agree to indemnify, defend and hold harmless Beans, our managing members, shareholders, employees, affiliates, licensors and suppliers (the "Beans Parties") from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to (a) your use of the Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit through the Services; (c) your violation of these Terms; or (d) your violation of the rights of another.
2) Limitation of Liability
Except where prohibited by law, in no event will Beans or the Beans Parties be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if Beans has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against Beans for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, Beans is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services or any content, Beans liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Beans.