These General Terms and Conditions ("GTC" or “Terms of Service”) are applied by Betaverse UG (haftungsbeschränkt) with its seat in Berlin ("Betaverse", “beams”, “we”). Betaverse has developed the beams software, [an organizational tool to enhance productivity] (the “Software” or “App”) and offers the Software under a Software-as-a-Service model (“SaaS”) and the App for download. The precise system requirements and the full scope of functions of the Software are found in the product description on the beams website www.usebeams.com (the “Website”). The offer of beams for the use of the Software is directed to both Consumers and Business Customers (each a “Customer”). For the purpose of these GTC, (i) a “Consumer” is any individual entering into the contract for a purpose not related to the individual’s business, trade or self-employed professional activity (§ 13 of the German Civil Code (BGB)) and (ii) a Business Customer is a user (whether an individual, company or partnership vested with legal capacity) who enters into the relevant contract in the conduct of its business or self-employed professional activity (§ 14 of the German Civil Code (BGB)).
beams is intended for commercial use. beams makes the Software available to the Customer for use for the duration of the Agreement via the internet or for download against payment or free of charge (the "Service"). beams only owes the properties of the functions and characteristics of the Software as shown in the documentation and adapting the Service to the pertinent state of the art. beams will continuously expand the Software and the Service through updates and upgrades and make improvements if these (i) serve technical progress or (ii) appear necessary to prevent misuse. In addition, beams may modify the Software and/or the Service if (i) applicable law requires such modifications, (ii) the modifications are beneficial to the Customer, and (iii) the modifications are purely technical or procedural and do not materially affect the Customer. beams does not owe an adaptation of the Service to the needs of the Customer. Upgrades such as additional features may be made available to the Customer by agreement and, if applicable, against separate remuneration. We reserve the right to agree to additional terms and conditions for individual beams services. We will, however, notify you of this in good time prior to use.
Customers require a personal user account (“Personal Account”) to be able to use the Services. For this purpose, they must register with their name and email address and provide access to the calendar associated to the used email address. Customers are responsible for ensuring that their data is up-to-date and correct and for all content posted on their Personal Account as well as for any activities occurring under their Personal Account. Customers must prevent unauthorized access to their Personal Account on the Services. beams is not liable for any loss or damages from your failure to comply with this section.
The use of the Services may be subject to a (recurring) payment (“Paid Services”). The Paid Services and the respective prices for the Paid Services (“Price”) are shown on the offer pages on the Website or in the beams App. The Price includes the applicable VAT, if any. Any other duties or taxes, if any, will be for the account of the Customer. The user contract concluded between you and us once you register your account is valid for an indefinite period. Our subscriptions are offered with varying minimum terms of validity and are automatically renewed for the same minimum term that has been selected until you or we cancel them. We reserve the right to assert further claims for late or incomplete payments, or temporarily freeze the Personal Account or suspend access to some of the features on the Services. The temporary freeze or suspension from accessing some of the features on the Services will remain effective until a valid payment method is used. Payments can be made by credit card. beams reserves the right to add or remove payment options on the Website and/or in the beams App at any time. Invoices will be sent to the Customer by email only, to the email address specified by the Customer in the Personal Account.
In case the Customer uses Paid Services that are subject to a recurring payment, the Paid Services will automatically renew at the end of their terms. The subscription renewal date will always be the day immediately following the end date of your current subscription period. The credit card used for the subscription purchase will be charged at the end of the term outlined in your receipt, unless it is updated prior to the renewal date. If we are unable to process your renewal, section 4 will apply. You can cancel the Paid Services and downgrade to a free plan (if available) by selecting this option on the Website or inside the beams App. Cancellation is also possible by sending an email to email@example.com. If you cancel the Paid Services before the end of your current paid up term, you will retain access to the paid features throughout the remainder of the term you purchased.
You can terminate your Personal Account at any time by selecting this option on the Website or inside the beams App. Termination is also possible by sending an email to firstname.lastname@example.org. Access to the Services and to the content you posted within the Services will be inaccessible from the Services immediately upon termination. beams reserves the right to delete all content from its systems permanently after 30 days from the termination. If you want to export any data before your account is terminated, please contact beams in accordance with section 7. Notice that "content" does not include any data that was synchronized with third-party services. beams can terminate the contractual relationship with the Customer with respect to the Personal Account by giving two (2) weeks’ notice via email to the email address provided by the Customer in connection with the Personal Account. In case the Customer uses the Paid Services, beams will only cancel the Personal Account until the end of the current paid up term. The statutory right of termination for cause shall remain unaffected. beams can – without prejudice to the rights of termination – temporarily or permanently block the Personal Account if the Terms and Conditions have been breached. You will be informed about the blocking and the duration thereof. The Customer may not use the Services while the Personal Account is blocked. Customer does not need to pay for the Paid Services as long as the Customer is unable to access or use the Personal Account due to the enforcement of this section 7.
The scale of the support services shall depend on the scope agreed between the parties. Support requests must be reported in writing with a comprehensible description of the error symptoms, which, if possible, should be substantiated by written records, screenshots or other documentation proving the defects. Support requests are generally processed within beams’ normal business hours.
beams and its officers, directors, employees shall not be liable to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Services; or (v) any other matter relating to the Terms and Conditions or the Services, whether as a breach of contract, tort (including negligence whether active or passive) or any other theory of liability. The Services may contain links to third party websites or services that are not owned or controlled by beams. beams has no control over, and assumes no responsibility or liability for the content, privacy policies or practices of any third party websites or services. beams does not warrant the offerings of any of these entities or individuals or their respective websites. Mandatory liability under applicable laws and regulations shall remain unaffected by the limitations and exclusions of liability of this section 9.
The Software provided by beams essentially corresponds to the product description. In the case of update, upgrade and new version deliveries, the claims for defects are limited to the innovations of the update, upgrade or new version deliveries compared to the previous version status. In principle, the statutory provisions on warranty in rental agreements apply as well as §§ 327 et seq BGB. However, the application of § 536a (2) BGB (renters' right to remedy defects himself) is excluded. In all other respects, the provisions of the law on service contracts (§§ 611 et seq. BGB) shall apply. beams does not warrant that the Customer's business expectations associated with the use of the Software will be realized. beams does not provide any additional warranty for the Software without express confirmation. Any claims for damages shall be subject to the limitations set out in section 9.
Should you wish to make a claim for a defect, please reach out to us via email@example.com. All claims for defects shall be subject to the limitations set out in section 9. You may provide information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Services (“Feedback”) via Website and/or the beams App. Feedback can also be provided via firstname.lastname@example.org. By submitting Feedback, you acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) beams may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) beams is not under any obligation of confidentiality with respect to the Feedback.
Should one or more provisions of these Terms and Conditions be invalid or voided at a later date, this shall not affect the validity of the remaining provisions. These Terms and Conditions shall be governed by the laws of the Federal Republic of Germany. The exclusive place of jurisdiction for all disputes arising from these or in connection with these Terms and Conditions shall be Berlin. beams reserves the right to make changes to these Terms and Conditions. You can find the current version of the Terms and Conditions on the Website and in the beams App. beams will not make any material changes to the Terms and Conditions or limit your rights under the Terms and Conditions without a prior announcement. In the case of such change, beams will notify you with a reasonable period of notice before the amended Terms and Conditions come into effect. If you do not agree with the changes to the Terms and Conditions, you will have the right to terminate the use of the Services with immediate effect. If you do not make use of your right of termination and continue to access and use our Service after the amended Terms and Conditions become effective, your agreement with the Terms and Conditions will be assumed. beams will inform you about this circumstance and its consequences in the notification on the changes to the Terms and Conditions. Should you object to the application of the amended Terms and Conditions, beams shall have the right to terminate your use of the Services pursuant to section 7.
Berlin, January 2024