Welcome to BookBeam’s Terms of Service! We’re excited you are interested in our Services.
Below, you find important legal terms that apply to anyone who visits our website or uses our Services. They are necessary to protect both of us, and to make our Services possible for everyone.
This is a binding and enforceable legal agreement between you (either an individual or a legal entity, “Users”) and BookBeam OÜ. This End User License Agreement (the “Agreement”) outline the rules and regulations for the use of BookBeam’s website (“our website”) and the and services made available here (collectively, the “Service”).
You represent that you have full power, capacity and authority to accept these Terms on behalf of yourself or your employer.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights at our discretion.
Subject to these Terms, we grant to you a limited, non-exclusive and non-transferable license to use our Services for your own use. Your right to use BookBeam is limited by all terms and conditions set forth in these Terms. Except for your pre-existing rights and this license granted to you, BookBeam retain all right, title and interest in and to our Services. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not authorize any third party to modify, reproduce, translate, decompile, disassemble, reverse engineer or create derivative works of BookBeam.
You are not authorised to rent, lease or sublicense access to any of our Services; or circumvent or disable any security or technological features or measures of our Services.
By using our Services, you acknowledge that you have read our Privacy Notice available at https://www.bookbeam.io/privacy (“Privacy Notice”).
This website is owned and operated by BookBeam OÜ (“BookBeam“, “us“, “we“), a private limited liability company registered in Estonia under register code14917726.
BookBeam is amarket analytics tool providing market data to self-publishers, we aggregate publicly available data (that mostly comes from Amazon), add our own proprietary formulas, calculations and algorithms and then give users this data. This data may help Users to make better publishing decisions about new titles and improve the performance of their existing books.
BookBeam enables our Users to easily track and analyse their site’s data. Our Services help you translate your data into actionable insights for making data-informed decisions – without the help of developers and analysts.
All disputes arising out of or in connection with the present contract shall be finally settled by arbitration in accordance with the Rules of the Arbitration Court of the Estonian Chamber of Commerce and Industry.
The Parties shall attempt to resolve all disputes relating to this Agreement by negotiations.
If the Parties fail to resolve the disputes relating to this Agreement through negotiations, the dispute shall be conclusively resolved in the Arbitration Court of the Chamber of Commerce and Industry of Estonia in Tallinn (hereinafter: the Arbitration Court) in accordance with the Rules of the Arbitration Court. The dispute shall be resolved on the basis of the laws of Estonia. The language of the Arbitration Court shall be Estonian.
The Arbitration Court shall consist of 3 (three) members. Each Party shall appoint one arbitrator within the time period prescribed by the Council of the Arbitration Court of the Chamber of Commerce and Industry of Estonia. Each Party shall ask the arbitrator chosen by him to appoint a third arbitrator together with the arbitrator chosen by the other Party, who shall be the chairman of the Arbitration Court in the resolution of the dispute. If the arbitrators appointed by the Parties fail to choose a third arbitrator within the time period prescribed by the Council of the Arbitration Court of the Chamber of Commerce and Industry of Estonia, the third arbitrator who shall also be the chairman of the Arbitration Court shall be appointed by the Council of the Arbitration Court of the Chamber of Commerce and Industry. If the Parties fail to form the Arbitration Court in accordance with the provisions of this Article and the Rules of the Arbitration Court, the Arbitration Court shall be formed by the Council of the Chamber of Commerce and Industry of Estonia.
The award of the Arbitration Court shall be final and binding upon the Parties.
To set up an account and use the Service you must:
- Be 18 years of age, or the age of majority in your province, territory or country, to become a Member. Individuals under the age of 18, or applicable age of majority, may utilize the Service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.
- Provide your legal full name, valid email address, zip code, and any other information we request to complete your account-signup process.
- Provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party.
- Personally and manually create your account without using any automated means, except for any auto-complete feature offered by your internet service provider. A third party may not create an account for you and you must not allow any third party to use your information to create an account.
The member who created the account and whose Payment Method is charged (the “Account Owner”) has access to and control over the account.
All actions taken in your account and all activities occurring will be deemed to be on your behalf and in your name, and are your responsibility.
To maintain control over the account and prevent anyone from accessing the account, we strongly encourage you to keep the login credentials of your User Account confidential and allow such access only to people you trust. The account information you provide us must be your own (or your company’s), and be accurate and complete, as we may use it to identify the actual owner of the User Account submitted to us.
Account owners are not allowed to share their account, log-in or any other access related credentials with any other party unless explicitly stated otherwise in the details related to the specific plan they purchased. Absent an explicit multi-user authorization, all accounts are intended for single use only. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you and/or BookBeam. You must immediately notify us of any unauthorized use of your account. We will not be liable for any loss or damage from your failure to comply with this security obligation.
In case a User Account is disputed, we reserve the right to determine the ownership of such User Account based on our reasonable judgment.
ACCESS TO THE SERVICES
BookBeam does not provide the equipment to access our Services. You are held responsible for all fees charged by third parties related to your access and use of our Services (e.g., charges by Internet service providers).
BookBeam reserves the right to modify or discontinue, temporarily or permanently, all or any portion of our services without notice. BookBeam will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Services.
BookBeam also reserves the right, in our sole discretion, to reject, refuse service, or delete any User data, and to restrict, suspend, or terminate your access to our services at any time, for any reason, without prior notice, and without liability.
BookBeam may offer the Service through a variety of billing methods, which include, but are not limited to, one-time subscriptions, monthly recurring subscriptions, and annual recurring subscriptions (“Subscription”). BookBeam will bill you on the date you subscribe to the Service (“Subscription Date”), and will continue to bill you in accordance with your selected Subscription until you cancel the Service. You must cancel your Subscription at least one day prior to the next billing date to avoid a Subscription renewal. Fees will be billed to your Payment Method on the calendar day corresponding to the Subscription Date. Subscription fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your Effective Date began on a day not contained in a given month.
To use the service you must provide one or more Payment Methods. You can update your Payment Methods by going to the “Account” page of our Website. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
RENEWAL OF SUBSCRIPTION AND FEES
Subscription Plans are billed in advance of their respective terms and automatically renew at the end of their respective terms for an equivalent term, or as otherwise stated in the Order Form, unless you choose not to renew such plan by writing to BookBeam or if BookBeam terminates the Agreement. You must provide current, complete and accurate billing and credit card information, and agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of the credit card may charge a foreign transaction fee or related charges, which you shall be responsible to pay.
Fees do not include any local, state, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, use or withholding taxes (collectively, “Taxes”). You are responsible for payment of all Taxes associated with its purchases here under, and any related penalties and interest. If your payment fails, and after we have reached out to you, BookBeam reserves the right to suspend or terminate access to the Application Services and delete the User Content.
You shall use our Services only in compliance with all applicable laws, including any applicable data protection and privacy laws, and the terms of this Agreement. You shall not and shall not permit or authorize any third party to:
- Copy, rent, sell, lease, sublicense, distribute, assign, or otherwise transfer or encumber rights to our Services, use our Services for the benefit of any third party, or make our Services available to anyone other than its Users.
- Use our Services to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws, or to process, send or store Sensitive Information, infringing or unlawful material, viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents or programs.
- Circumvent or disable any digital rights management, usage rules, or other security features of the Services, or otherwise attempt to gain unauthorized access to, or disrupt the integrity or performance of, the Services or the data contained therein.
- Modify, copy, translate, enhance, decompile, disassemble, reverse engineer or create derivative works based on our Services, or any portion thereof.
- Access or use our Services for the purpose of building a competitive product or service or copying its features or user interface.
- Remove, alter, or obscure any copyright, trademark or other proprietary notices appearing in or on the Service.
- Use our Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, the Services.
If you are located in a country outside Estonia it is your responsibility to determine that you are in compliance with the laws of that country. You agree to indemnify and hold us harmless from any losses, including attorney fees that result from your breach of any part of these warranties.
You agree that you will not use the content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
“Sensitive Information” shall mean:
- information under regulatory or contractual handling requirements (e.g., Payment Card Industry Data Security Standards), including, but without limitation, financial account numbers, debit or credit card information, magnetic stripe data, or card verification values.
- Government issued personal identifiers, including, but without limitation, passport numbers, or other state issued identification numbers.
- Bio-metric identifiers, including without limitation, genetic data or health data.
- Personally identifiable information collected from children under the age of 13 or from online services directed toward children.
- Real time geo-location data which can track or identify an individual’s precise movements.
- Passwords, authentication/authorization credentials, business secrets deemed highly confidential (e.g., highly-confidential business strategies and communications, sensitive attorney-client privileged and confidential communications); export-controlled information for which you have not obtained all required export licenses or government approvals.
- Other information the unauthorized disclosure of which could cause material, severe, or catastrophic harm or impact to any data subjects or third parties.
All of the intellectual property rights in and to our website belong to us and our licensors. We may update and change the materials available on our website, including by removing materials, at any time in our discretion without notice to you. You may download or print sections of our website if needed for your own personal use, but otherwise you may not reproduce any part of our website without our express prior consent. To the extent that our website contains functionality that allows you to access or download specific materials through our website, your use of that functionality and the downloaded materials may be subject to separate terms and conditions which you will be asked to read and accept at the relevant time.
DISCLAIMERS OF WARRANTIES
To the fullest extent permitted by the applicable law, BookBeam offers the website and service as-is and makes no representations or warranties of any kind concerning the website or its service, express, implied, statutory or otherwise, including, without limitation, merchantability, fitness for a particular purpose. BookBeam does not warrant that the functions or content contained on the website or service will be uninterrupted or error-free, that defects will be corrected, or that our servers are free of viruses or other harmful components. BookBeam makes no representation or warranty that the information provided through the service, regardless of the source, is accurate, complete, reliable, current, or error-free. BookBeam disclaims all liability for any inaccuracy, error, or incompleteness in the service. No advice or information, whether oral or written, obtained by user from BookBeam or through or from the services will create any warranty not expressly stated in this agreement.
LIMITATION OF LIABILITY
While we use reasonable care and skill in operating our website, we cannot promise that our website will always be available, meet your requirements or be completely free of faults, errors or compromise from cybersecurity events. Except to the minimum extent required by applicable law and then only to that extent, in no event will BookBeam, its employees, officers, directors, affiliates or agents be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages, including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or service, or similar damages suffered or incurred by you or any third party that arise in connection with the website, your use of our services and service content (or the termination thereof for any reason), even if BookBeam’s team has been advised of the possibility of such damages.
Under no circumstances will the total liability of us arising out of or related to your use of the services and service content (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the amounts, if any, that you have paid to us the month before.
RESULTS NOT GUARANTEED
BookBeam makes no guarantee or representation of any kind concerning the results of your use of the Website or Service. Any testimonials or examples displayed or depicted through BookBeam’s Website, programs, and/or the Service are only examples of what may be possible. There can be no assurance as to any particular outcome, including increased income, Amazon ranking, sales, and/or any other outcome, based on the use of the Service or any other products, programs or service offered by us.
THIRD PARTY RESOURCES
The Website and the Service may contain links to third party websites or other resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third-party websites or other resources. Links to such websites or resources are provided only as a convenience to you and do not imply any endorsement by or affiliation with BookBeam. You acknowledge sole responsibility for, and assume all risk arising from, your use of any such third-party websites or resources.
The Website, its original content, features, functionality (including look), our trademarks, service marks, logos, and Service content (“Intellectual Property”) are owned by BookBeam and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, imitate, use in part or in whole, create derivative works of, publicly display, publicly perform, or republish any of our Intellectual Property without the prior written permission of BookBeam.
The term “content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, AdWords, and interactive features generated, provided, or otherwise made accessible on the Website or otherwise through BookBeam.
You shall not use any meta tags or any other “hidden text” utilizing BookBeam or any other name, trademark or product or service name of BookBeam without prior written permission. In addition, the look and feel of BookBeam, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark and/or trade dress of BookBeam and may not be copied, imitated or used, in whole or in part, without prior written permission.
We will manage any personal information that we collect through our website in accordance with our Privacy Notice, which you can access here.
BookBeam is designed to enable you to learn more about how your visitors (your “Visitors”) use your website or product by giving you the ability to collect information based on their interaction. BookBeam does this in part using a tracking code placed on your User’s device from your server. Some information is automatically collected from or about your Visitor when you use our Services. If you integrate the official BookBeam tracking code in your product or website it may by default collect Visitor data including but not limited to: the time of an event, the elements a Visitor has interacted with, metadata and other details about these elements, and how a Visitor came to your site.
We collect, store, and use your Visitor data on our servers to provide you with the ability to better maintain and improve your Services. We may also use data in an aggregated form for our own purposes.
Our Services transfer data to servers that store User data in the EU. We only share User information with others under special circumstances as follows:
- To comply with laws or to respond to lawful requests and legal process (provided that BookBeam will endeavor to notify you if BookBeam has received a lawful request for your information);
- In an emergency, including to protect the personal safety of any person; And for the purposes of a business deal (or negotiation of a business deal) involving sale or transfer of all or a part of our business or assets (business deals may include, for example, any merger, financing, acquisition, divestiture, or bankruptcy transaction or proceeding);
- BookBeam provides you with access to your Visitor data. We also take commercially reasonable steps to safeguard Visitor and User data.
BookBeam may also collect registration and other information about you as our customer.
You agree to defend, indemnify and hold harmless BookBeam, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, from any demands, loss, costs, damages, expenses(including attorneys’ fees), claims and liability caused by your use of this website, our Services, User’s violation of this Agreement, User Content, or User’s violation of any rights of a third party through the use of our Services.
TERMINATION OF AGREEMENT
A Party has the right to terminate the Agreement with immediate effect if the other Party (I) substantially breaches the terms and conditions of the Agreement and has not rectified the breach within thirty (30) days of receiving a written request from the other Party; or (II) is declared bankrupt or placed into liquidation. 11.2. The Seller has the right to terminate the Agreement with immediate effect or discontinue the service delivery for the duration of the delay if the Customer neglects to pay the contractual fees as agreed. 11.3. If a Party terminates the agreement pursuant to this section 11, the Seller is entitled to charge the payments accrued prior to termination of the agreement from the Party.
INVALIDITY AND SEVERABILITY
If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.
The waiver by either party of a breach or default of any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right power or privilege that it has or may have here under operate as a waiver of any breach or default by the other party.
A Force Majeure Event refers to such an exceptional and influential event that it prevents fulfilling the contract correctly; that has occurred after signing the contract; that is independent of the Parties; and that is something the Parties could not have considered when concluding the contract nor prevent it without undue additional costs or unreasonable waste of time. Such an occurrence may be, for example, war, rebellion, internal unrest, confiscation by an authority or seizure for the public good, bans on import and export, natural phenomena, termination of public transportation or energy supply, extensive labor dispute or fire or some other equally effective and exceptional reason which is independent of the Parties. 9.2. A delay on the part of a subcontractor is considered force majeure only if the subcontractor’s delay is caused by an obstacle referred to in item 9.1. 9.3. If there is a delay in fulfilling the contractual obligations due to the reasons stated in items 9.1 and 9.2, the time for fulfilling the obligations will be continued for as long as is reasonable taking into account the circumstances affecting the matter.
BookBeam reserves the right, at its sole discretion, to modify or replace any part of this Agreement. You will be held responsible to check this Agreement periodically for changes. Your continued use of or access to BookBeam following the posting of any changes to this Agreement constitutes acceptance of those changes.
BookBeam may also offer new services in the future and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
We also reserve the right to change our subscription plans or adjust pricing for our Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.
All notices to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us at:
Congratulations! You’ve reached the end. Thanks for taking the time to learn about BookBeam’s Terms of Service.
If you have any questions or concerns about BookBeam’s services or these Terms, you may contact us by email at email@example.com.