End User License Agreement (EULA) for Beatchurn

1. Introduction

Welcome to Beatchurn. This End User License Agreement ("Agreement") governs your use of the Beatchurn service provided by Beatchurn B.V. ("Beatchurn", "we", "us", or "our"). By registering for and using the Beatchurn service, you ("Customer", "you", or "your") agree to comply with and be bound by this Agreement, which, together with our Privacy Policy, constitutes a legally binding contract between you and Beatchurn B.V.

2. Acceptance of Terms

2.1 Acceptance: By registering for or using the Beatchurn service, you confirm that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy. If you do not agree to these terms, do not register for or use the Beatchurn service.

2.2 Information Accuracy: You agree to provide accurate and complete information when registering for the Beatchurn service and to keep such information up to date.

3. Permitted Usage

3.1 License Grant: Subject to your payment for the Permitted Usage and compliance with this Agreement, Beatchurn grants you a non-exclusive, non-transferable right to use the Beatchurn service for your internal business operations during the Subscription Term.

3.2 Usage Restrictions: You agree not to:

• Access, store, distribute, or transmit any viruses or any material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, or racially or ethnically offensive.
• Facilitate illegal activity or cause damage or injury to any person or property.
• Copy, modify, duplicate, create derivative works from, reverse engineer, or distribute any part of the Beatchurn service or its documentation.
• Use the service to build a competing product or service or to provide services to third parties without prior written consent from Beatchurn.

3.3 Customer Data: You shall own all rights, title, and interest in and to all of the data you input into the Beatchurn service ("Customer Data"). You shall have sole responsibility for the legality, reliability, integrity, accuracy, and quality of the Customer Data.

4. Customer Obligations

4.1 Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify Beatchurn immediately if you suspect any unauthorized use of your account.

4.2 Compliance: You must comply with all applicable laws and regulations in connection with your use of the Beatchurn service.

4.3 Cooperation: You agree to provide Beatchurn with all necessary cooperation and access to such information as may be required by Beatchurn to provide the service.

4.4 Network Security: You are responsible for procuring and maintaining your network connections and telecommunications links from your systems to Beatchurn's data centers, and for all problems, conditions, delays, delivery failures, and all other loss or damage arising from or relating to your network connections or telecommunications links.

5. Services

5.1 Service Availability: Beatchurn will use commercially reasonable efforts to make the service available 24/7, except for planned maintenance or unscheduled maintenance for which Beatchurn will use reasonable efforts to notify you in advance.

5.2 Support: Beatchurn will provide standard customer support services during normal business hours as described on our website.

5.3 Free Accounts: The Beatchurn service may be used on a free basis with certain limitations as defined in the free tier. Beatchurn reserves the right to terminate free accounts at any time on one week's written notice.

6. Charges and Payment

6.1 Subscription Fees: You agree to pay the Subscription Fees in accordance with the pricing set forth on the Beatchurn website. All fees are non-refundable.

6.2 Payment Method: You must provide valid, up-to-date payment information. Beatchurn is authorized to charge your payment method for the Subscription Fees and any additional charges incurred during the Subscription Term.

6.3 Fee Increases: Beatchurn reserves the right to increase the Subscription Fees at the start of each Renewal Period upon 30 days' prior notice to you.

6.4 Late Payment: If you fail to make any payment due to Beatchurn by the due date for payment, then, without limiting Beatchurn's remedies under this Agreement, you shall pay interest on the overdue amount at the rate of 1.5% per month (18% per annum) or the maximum rate permitted by law, whichever is higher, accruing on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.

7. Proprietary Rights

7.1 Ownership: Beatchurn retains all rights, title, and interest in and to the Beatchurn service, including all intellectual property rights. This Agreement does not grant you any rights to Beatchurn's trademarks or other intellectual property.

7.2 Feedback: You hereby grant to Beatchurn a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use any comments, suggestions, or recommendations ("Feedback") provided by you to Beatchurn regarding the Beatchurn service.

8. Confidentiality

8.1 Confidential Information: Each party (the "Receiving Party") shall keep the other party's (the "Disclosing Party") confidential information confidential and shall not disclose it to any third party except as necessary to perform its obligations under this Agreement.

8.2 Exceptions: Confidential information shall not include information that (i) is or becomes publicly known through no act or omission of the Receiving Party; (ii) was in the Receiving Party's lawful possession prior to the disclosure; (iii) is lawfully disclosed to the Receiving Party by a third party without restriction on disclosure; or (iv) is independently developed by the Receiving Party, which independent development can be shown by written evidence.

8.3 Required Disclosure: The Receiving Party may disclose confidential information to the extent required by law, regulation, or court order, provided that the Receiving Party provides the Disclosing Party with prior notice of the required disclosure (to the extent legally permissible) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.

9. Limitation of Liability

9.1 Exclusion of Warranties: The Beatchurn service is provided "as is" and "as available". Beatchurn disclaims all warranties, whether express, implied, or statutory, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.2 Limitation of Liability: Beatchurn's total liability to you for any claim arising out of or relating to this Agreement or your use of the Beatchurn service will be limited to the amount paid by you for the service in the 12 months preceding the claim.

9.3 Exclusion of Certain Damages: In no event will Beatchurn be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Beatchurn service; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the service; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the service by any third party; or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the service, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not Beatchurn has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

10. Term and Termination

10.1 Term: This Agreement will commence on the date you accept these terms and will continue until terminated by either party.

10.2 Termination for Convenience: Either party may terminate this Agreement at any time by providing written notice to the other party.

10.3 Effect of Termination: Upon termination, your right to use the Beatchurn service will immediately cease, and you must discontinue all use of the service. You will not have access to your data after termination.

10.4 Surviving Provisions: All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Governing Law and Dispute Resolution

11.1 Governing Law: This Agreement will be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles.

11.2 Dispute Resolution: Any dispute arising out of or in connection with this Agreement will be resolved through mediation under the auspices of the Dutch Mediation Institute. If mediation fails, the dispute will be subject to the exclusive jurisdiction of the courts of the Netherlands.

12. Miscellaneous

12.1 Amendments: Beatchurn may amend this Agreement at any time by posting the amended terms on our website. Your continued use of the service after any such changes constitutes your acceptance of the new terms.

12.2 Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

12.3 Waiver: The failure of either party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

12.4 Entire Agreement: This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Beatchurn regarding the use of the service and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.

12.5 Assignment: You may not assign any of your rights or obligations under this Agreement, whether by operation of law or otherwise, without Beatchurn's prior written consent. Beatchurn may assign this Agreement in its entirety (including all terms and conditions incorporated herein by reference) without your consent to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

Contact Information

If you have any questions about this Agreement, please contact us at: support@beatchurn.com.