Beewizer Terms of Service

Beewizer Ltd. ("Beewizer", "us", "our", or "we") is the creator and owner of a platform that allows its Users (as defined below) to collect pending invoices  from their customers ("Customers"), through Beewizer's website (the "Site") and customized emails and text messaging services to Customers. These Terms of Service ("Terms") govern your access to and use of the Site and services available through the Site ("Services"). Our Privacy Notice, available at privacy

 governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). "You" means any user of the Site or Services, including Users. A "User" is a user of the Site and Services who has registered and created an account in accordance with the terms set forth herein.

 

If you are registering on behalf of any entity or company ("Company"), you represent that you are authorized to enter into, and bind the Company to these Terms and register for the Site and Services. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and the Company and the right to access the Site and Services is revoked where these Terms or use of the Site and Services is prohibited.

 

Please read these Terms carefully. These Terms govern your access to and use of the Site or Services. By clicking on the button marked "I agree" you signify your assent to these Terms. Changes may be made to these Terms from time to time. Your continued use of the Site or Services will be deemed acceptance of the amended or updated Terms. If you do not agree to any of these terms, please do not use the Site or Services.

 

Use of the Services

 

You may use the Site and the Services in accordance with and subject to these Terms. Beewizer may, at its sole discretion and at any time, modify or discontinue providing the Services or any part thereof without notice. Beewizer shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

 

Use of the Services and access to the Site is void where prohibited. By using the Services you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older and have the ability to form a binding contract; (d) your use of the Site or Services does not violate any applicable law or regulation or any obligation you may have to a third party; (e) your use of the Site and Services shall be in compliance with all applicable laws and regulations (f) you shall comply with all applicable laws, rules and regulations in connection with your collection, security and dissemination of any personal, financial, credit card, or transaction information on your website; (g) you shall disclose to any third party, including Customers any transfer of data to and processing on your behalf by Beewizer and its sub-processers in accordance with these Terms and the Privacy Notice and subject to applicable law, you shall obtain any such third party's, including Customer's consent for any collection, processing and/or transfer of Personal Data as detailed herein and in the Privacy Notice; (h) you are fully responsible for the security of data on your website or otherwise in your possession or control.

 

Registration

 

To use the Services, you must create an account. To create an account, you must provide certain information as requested by Beewizer. We may indicate that the provision of some information is optional, but your agreement to provide such information may assist Beewizer in providing you with additional and/or improved Services. Once you have created an account you can integrate your Beewizer account with your Intuit Inc. and/or its subsidiaries and affiliates ("Intuit") and/or MYOB Australia Pty Ltd ("MYOB") and/or your account with Xero Limited and/or its subsidiaries ("Xero") and/or any other third party our Services are integrated with, as applicable, and you have accessed the Services from ("Third Party" and collectively with Intuit and MYOB "Third Party Account/s") account and access all data available on your Intuit, MYOB, Xero and/or Third Party account through your Beewizer account.

 

You may also create an account through Quickbooks, Freshbooks, or other Third Party log in, as may be amended from time to time.

 

We may change the method of registration at our discretion. Beewizer reserves the right to refuse to allow a user to open an account for any reason, at its sole discretion.

 

You agree to notify Beewizer immediately of any unauthorized use of your Beewizer account or password. You are fully and solely responsible for the security of your computer system and/or mobile device and all activity on your account and/or other device and all of your activity on the Site and Services, even if such activities were not committed by you. Beewizer will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Beewizer harmless for any unauthorized, improper, or illegal use of your account, including any charges and taxes incurred, unless you have notified us via e-mail at support@beewizer.com that your account has been compromised and have requested us to block access to it, which we will do as soon as reasonably practicable.

 

The Services aim at assisting Users in the collection of outstanding invoices, however, Beewizer is not an accountant or credit manager or adviser.

 

Beewizer is not a data storage service. Following expiration or termination of your account, the data may not be available to you and you are solely responsible for saving any data required. You remain solely liable for complying with all applicable accounting, tax and other applicable laws. It is your responsibility to check that access to the data via the Services and the Site will comply with laws applicable to you (including any laws requiring you to retain records).

 

Termination of Account

 

Beewizer may suspend or terminate your account for any reason and at any time. Grounds for such termination may include i) violation of the letter or spirit of these Terms, (ii) fraudulent, harassing or abusive behavior, (iii) behavior that is illegal or harmful to other users, third parties, or the business interests of Beewizer.  If your account is terminated, you may not rejoin Beewizer again without our express permission. Upon termination of your account, you shall not have any further access to any Content that may be available through your account.

 

If we believe, at our sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred we may, in addition to terminating your account, take any corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal or inappropriate behavior on the Site. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of anyone or any (User) Content (as defined below) believed to have violated these Terms or to have engaged in illegal behavior on or through the Site and/or Services. You may request termination of your Beewizer account at any time and for any reason by sending an email to support@beewizer.com. Following such request Beewizer shall close your account as soon as reasonably practicable. Any suspension, termination, or cancellation of your account or these Terms shall not affect your obligations to Beewizer under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

 

Any suspension, termination, or cancellation of Services shall not affect your obligations to Beewizer under these Terms (including but not limited to ownership, indemnification, limitation of liability and payment obligation), nor will it affect any other terms herein, which by their sense and context are intended to survive such suspension, termination, or cancellation.

 

Content

 

Certain types of content may be made available through the Site or the Services. "Content" as used in these Terms means, collectively, all content on or made available on the Site or through the Services, including any images, documents, text and any modifications or derivatives of the foregoing.

 

The Site may allow you to upload certain content including but not limited to contact details, location, description of an entity you represent, and information regarding your Customers (including financial documentation), as applicable. All content uploaded by you is referred to as "User Content."

 

You are fully and solely responsible for any User Content you submit or upload. YOU REPRESENT AND WARRANT THAT ANY SUCH USER CONTENT COMPLIES WITH ALL APPLICABLE LAW, THAT YOU HAVE ALL NECESSARY RIGHTS AND AUTHORITIES TO SUBMIT ANY SUCH USER CONTENT THROUGH THE SITE AND SERVICES, AND THAT NO SUCH USER CONTENT INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, PRIVACY OR PUBLICITY RIGHTS, OR MORAL RIGHTS. YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE OBTAINED ALL RIGHTS AND CONSENTS AS REQUIRED UNDER APPLICABLE LAW, TO PROVIDE BEEWIZER WITH FINANCIAL DATA FOR THE PURPOSE OF PROCESSING SUCH FINANCIAL DATA IN ACCORDANCE WITH THESE TERMS AND OUR PRIVACY NOTICE.

 

Beewizer has no obligation to accept, display, review, maintain or approve any request to maintain any User Content. Moreover, Beewizer reserves the right to refuse to remove and/or permanently delete any User Content uploaded by you, without notice and for any reason and at any time. BEEWIZER DOES NOT ENDORSE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, ANY USER CONTENT), AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH CONTENT AND/OR USER CONTENT.

 

Beewizer may, at its sole discretion, choose to monitor User Content for inappropriate or illegal behavior, including through automatic means, provided however, that Beewizer reserves the right to treat User Content as content stored at the direction of users for which Beewizer will not exercise editorial control except when violations are directly brought to Beewizer's attention.

 

Content on the Site comes from a variety of sources. You understand that Beewizer is not responsible for the accuracy, usefulness, safety, appropriateness of, or infringement of any intellectual property rights of or relating to this Content (including but not limited to the User Content). Beewizer does not provide you with any legal or financial representation and/or advice and does not serve as a substitute for any such advice. Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials and that you may be involuntarily exposed to such offensive or obscene materials. You hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. It is also possible for others to obtain personal information about you due to your use of the Site, including through any User Content that you make available through your account. Anyone receiving or viewing User Content may use your information you provided through such User Content (such as your contact details, location or description of an entity you represent) for purposes other than what you intended. We are not responsible for the use of any Personal Data that you disclose on the Site or through any User Content. By making any information (including your contact details, location or description of materials) available through the Site or Services you acknowledge that you understand and have agreed to such risks. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.

 

User Content Restrictions

 

Without limiting the foregoing, you agree that you will not transmit, submit or post any User Content or act in any way that: (a) restricts or inhibits use of the Site and/or Services; (b) solicits another person’s password or other personal information under false pretenses; (c) impersonates another user or otherwise misrepresents yourself in any manner; (d) violates the legal rights of others, including defaming, abuse, stalking or threatening users; (e) infringes (or results in the infringement of) the intellectual property, moral, publicity, privacy, or other rights of any third party; (f) is (or you reasonably believe or should reasonably believe to be) stolen, illegal, counterfeit, fraudulent, pirated,  unauthorized, or violent, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (g) does not comply with all applicable laws, rules and regulations; (h) publishes falsehoods or misrepresentations that may damage us or any third party; (i) imposes an unreasonably or disproportionately large load on our infrastructure; or (j) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (i) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity, (ii) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (iii) pornography or obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children or may be harmful to a minor, (iv) any virus, worm, Trojan horse, or other harmful or disruptive component, or (v) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive. 

 

Use Restrictions

 

You may not and may not allow any third party to do or attempt to do any of the following: (1) decipher, decompile, disassemble, decrypt, decode or reverse engineer any of the software and/or code, including relating to any of Beewizer's third party service providers and licensors ("Software"), if and as applicable, used to provide the Services or the Site without our prior written authorization, including framing or mirroring any part of the Site and/or Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or the Site or features that prevent or restrict use or copying of any Content; (3) use the Site, Content or Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) rent or time-share the Software or host the Software in a multi-tenant environment; (5) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site and/or Services; (6) engage in any activity with the Site, Services and/or Software that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party (7) use or access another user’s account or password without permission; (7) use the Site or Content in any way in furtherance of criminal, fraudulent, or other unlawful activity and/or in any manner not permitted by these Terms; or (8) file a claim or any legal action or proceeding against another user of the Site and Services relating to or arising out of use of the Site and Services in accordance with these Terms.

 

Intellectual Property

 

Beewizer and/or its licensors own the Site and Services and have the right to use all Content, including all worldwide intellectual property rights in the Site and the Services, and the trademarks, service marks, and logos contained therein registered and unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter, download, post, broadcast, transmit or otherwise use the Site or the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site, Services and/or Software, if any. All trademarks are trademarks or registered trademarks of their respective owners.

 

Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Beewizer or any third party.

 

By submitting or posting any User Content, you grant Beewizer and its successors and assignees a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, copy, distribute, transmit and modify such User Content theretofore the provision of Services by Beewizer in accordance with these Terms.  

 

Third Party Applications and Services 

 

Portions of the Site and/or Services may using web sites belonging to third parties. The Site may also provide you with links to access the sites of third party vendors including, without limitation, for the purpose of reviewing or using their services. We have no control over third-party sites and/or mobile applications, and all use of third-party sites and/or mobile applications and services is at your own risk. Additionally, Beewizer cannot accept responsibility for any payments processed or submitted through such third party sites and/or mobile applications, or for the privacy policies of any such sites. Beewizer is not responsible for content or services available by means of such sites and/or mobile applications. Beewizer does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites. You understand that your use and/or access to Third Party Services shall be limited to those uses and access rights permitted by the third party service provider and that your ability to access and use the Third Party Services may be suspended or terminated at any time, for any reason, at the third party service provider’s discretion.

 

You understand that the Software may require access to certain third party services (“Third Party Services”). In order to use the Software that uses or collects data from the Third Party Services, you hereby authorize third party service providers, including Third Party Account/s, to obtain your data from third parties and share it with Beewizer for provision of the Services. Such data may include your financial information and/or Personal Data with third parties. In addition, you agree that Beewizer may provide your data to the third party service provider. You represent and warrant that you have the rights and authority to provide such authorizations to the third party service providers and Beewizer.

 

Disclaimers

 

Your use of the Site, Services and any third party services provided hereunder, including but not limited the Software, is at your sole discretion and risk. The Site, Content (including User Content) Software and/or Services are provided on an AS IS and AS AVAILABLE basis without warranties of any kind.

 

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, CONTENT (INCLUDING USER CONTENT), ANY THIRD PARTY SERVICES AND THE SERVICES, IN WHOLE OR IN PART, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE AND/OR SERVICES; OR (II) THAT THE SITE AND/OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; AND (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE AND SERVICES.

 

No advice, information, or Services, including Third Party Services whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, Services and/or Third Party Services, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

 

We take no responsibility for the outcome of our Services, nor do we take any responsibility for our ability to reach Customers to collect any outstanding amounts to you, nor do we take any responsibility for the reaction of such Customers to our inquiries. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms.

 

Limitation of Liability

 

We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or alteration of, or unauthorized access to any Content, or Services. We are not responsible for any problems or technical malfunction of any telephone lines or internet network, servers or providers, software, damage to users or to any person's cellular phone related to or resulting from participation in any features or downloading materials and/or uploading of any images and/or pictures in connection with the Site or Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or Services, from any Content, from the conduct of any Users of the Site or Services, whether online or offline, or relating to any Customers.

 

IN NO EVENT SHALL WE, OUR SERVICES PROVIDERS OR LICENSORS OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE SERVICES PROVIDED AS PART OF OR THROUGH THE SITE OR THE SERVICES, WHETHER OR NOT THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR OR OUR SERVICE PROVIDER'S OR LICENSOR'S RESPECTIVE CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS PRECEDING THE APPLICABLE CLAIM. IF YOU HAVE NOT MADE ANY PAYMENTS TO BEEWIZER FOR THE USE OF THE PLATFORM, THEN BEEWIZER SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.

 

Indemnification

 

You agree to indemnify, defend, and hold harmless Beewizer and its employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs or expenses (including court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer and/or mobile device, password or third-party login information; (b) any claim, loss or damage experienced from your attempted use or misuse of the Site or the Services; (c) your violation of any applicable law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law.

 

Miscellaneous

 

These Terms shall be governed by the laws of the State of Israel and the competent courts in Tel Aviv-Jaffa shall have exclusive jurisdiction to hear any disputes arising hereunder. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against Beewizer must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Beewizer or authorizes you to act on behalf of Beewizer. You acknowledge that a Third Party Account is a third party beneficiary under these Terms with rights to enforce the terms hereunder. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the email account that you provided upon registration.

 

 

Last updated: February 2019