Back to product Back to cart Back to profile Back to list of orders Back to Homepage To my eShop To Dashboard

BeeHere Terms of Service

Last Revised: August, 2022

Welcome to BeeHere‘s Terms of Service! We are truly excited to have you aboard. Thank you for choosing to use our mobile web application (https://beehere.ch). To make it easier to read we’ll call it collectively our “platform”, “BeeHere platform” or simply “BeeHere”. Additional information to prevent confusion upfront: our platform, the product you are using, is called BeeHere. However, the startup name behind BeeHere is called Help’n’Trade GmbH. It was a name we had for our initial idea and so the company was registered under the same name of Help’n’Trade back in 2019.


Below we have listed important legal terms that apply to anyone who visits or uses our platform or our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. BeeHere offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use or the user profile you use on our platform. Nevertheless, we want you to have access to the full information, as we strongly believe in transparency.


We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at: hoi@beehere.ch 


1. Introduction


 1.1. Our Purpose


We want to help the local economy, bring people together in their communities, protect the environment and measure the positive impact consumer and businesses create by acting locally via BeeHere.

Our services offer our users the ability to easily connect with local small businesses, see their offering and also order their products directly from the local small businesses. To make this happen we built a platform where small local businesses can open their own web shop on our platform (“eShop”) and start offering their products online in just minutes from signing up and with just their mobile phone. We offer our users numerous tools and features to order products online directly from Merchants on BeeHere, but also to create online offering, to manage online business and to help better present and promote unique business offerings to the Consumers. On top of it, we are working on a sustainability scoring, which will be implemented shorty.


#Simplified

BeeHere offers online platform to order products directly from local businesses, but also to create, manage and promote your own online offering as a small local business.


1.2. Key terms


Consumers are users who order products from small local businesses (Merchants) on BeeHere.

Merchants are users who own small local business and offer their products on BeeHere.

Order is the formal agreement between the Consumer and the Merchant after a purchase was made through Merchants eShop on BeeHere.

User Offering is online presence created by our users on BeeHere which can be shared with other users and includes, but is not limited to content such as Merchants profile, Merchants eShop, Merchants products or Consumer reviews. Consumers profile is excluded as it is not public and can’t be shared with other users.

End Users or Consumers is a collective term for users that visit and interact with User Offering or other BeeHere content, registered or not.


1.3. Legal Agreement

These Help’n’Trade GmbH Terms of Service (“Terms of Service”), together with such additional terms which specifically apply to some of our services and features as presented on the BeeHere web application (collectively – the “BeeHere Terms”), all set forth the entire terms and conditions applicable to each visitor or user (“User” our “you”) of the BeeHere, and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through BeeHere, collectively – the “BeeHere Services” or “Services”).

 

The BeeHere Terms constitute a binding and enforceable legal contract between Help’n’Trade GmbH and you in relation to the use of any BeeHere Services - so please read them carefully.

 

You may visit and/or use the BeeHere Services and/or BeeHere only if you fully agree to the BeeHere Terms - and by using and/or registering to any of the BeeHere Services, you signify and affirm your informed consent to these Terms of Service and any other BeeHere Terms applicable to your use of any BeeHere Services. If you do not read, fully understand and agree to the BeeHere Terms, you must immediately leave the BeeHere platform and avoid or discontinue all use of the BeeHere Services.


By using our Services, you acknowledge that you have read our Privacy Policy available at https://beehere.ch/privacy-policy  (“Privacy Policy”).


#Simplified

By visiting or using BeeHere or BeeHere services, you are entering into a legal agreement with us, consisting of these Terms of Service, and our additional services’ legal terms. By using our services, you signify your consent to these terms and you acknowledge that you have read our Privacy Policy. You may not use our services if you do not consent to all our terms.


1.3. User Account

In order to access and use certain sections and features of the BeeHere Services, you must first register and create an account with BeeHere (“User Account”).

 

If anyone other than yourself accesses your User Account and/or any of your User Offerings’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the BeeHere Services), make changes to your User Offering(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.

 

Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Offerings (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.

 

You must provide accurate and complete information when registering your User Account and using the BeeHere Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own or your company’s contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us. 

 

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.


  1. BeeHere will consider the owner of a User Account, User Offering and/or User Content created and/or uploaded to the relevant BeeHere Service, as the person or entity who has access to the e-mail address then listed in BeeHere’s records for such User Account under which such User Offering or User Content was created.
  2. If any Paid Services (as defined in Section 5 below) were purchased via a User Account, BeeHere will consider the owner of such User Account and/or the relevant User Offering and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). In the event that the Billing Information indicates one person as the owner of the User Offering and the User Account indicates a different owner, BeeHere shall consider the person registered as the owner of the BeeHere User Account as the owner of the User Offering and User Content.
  3. Notwithstanding the forgoing, BeeHere shall have the right to determine the ownership of User Offering and/or User Content as it chooses, including by ignoring the indications set forth above, in event BeeHere deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by BeeHere.


#Simplified 

To use certain of our services, you may need to create a user account. You should keep your username and password protected and safe, and only allow people you trust to access your account or website settings. All activities that occur under your user account or website are your responsibility. The account information you provide us must be your own (or your company’s), and be accurate and complete. When a user account is disputed, we may determine the ownership of such user account. 


2. Your Obligations


 2.1. You represent and warrant that:

  1. you are at least sixteen (16) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the BeeHere Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the BeeHere Terms;
  2. you are not a resident of (or will use the BeeHere Services in) a country that is under trade sanctioning regulations;
  3. your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
  4. you understand that BeeHere does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;

    And specifically regarding your User Content:
     
  5. you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by BeeHere Services for you, to your User Offering (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating promotional materials, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;
  6. you have (and will maintain) the full power, title, licenses, consents and authority to allow BeeHere Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.
  7. the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Offering’s visitors and users (“End Users”) reside, or for BeeHere and/or your End Users to access, import, copy, upload, use or possess in connection with the BeeHere Services;
  8. you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.


#Simplified

In order to use our services, there are certain obligations and conditions you need to meet. Among others, you need to be of a certain legal age of majority, reside and use our services in a permitted location. In addition, you must own all rights in any content you upload or publish or that we access, import and/or upload for you via our services, ensure that such content is legal and reliable, and that anything you do with it (or enable BeeHere or your end users to do with it) is legal.


2.2. You undertake and agree to:

  1. fully comply with all applicable laws and any other contractual terms which govern your use of the BeeHere Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
  2. be solely responsible and liable with respect to any of the uses of the BeeHere Services which occur under your User Account and/or User Offering(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the BeeHere Services);
  3. regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Offering, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
  4. receive from time to time promotional messages and materials from BeeHere, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
  5. allow BeeHere to use in perpetuity, worldwide and free of charge, any version of your User Offering (or any part thereof) for any of BeeHere’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against BeeHere or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Offering with respect to such limited permitted uses;
  6. BeeHere’s sole discretion as to the means, manner, and method for performing the BeeHere Services, including those regarding the, transmission, publication and/or display of any User Offerings and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
  7. BeeHere shall have the right to offer the BeeHere Services in alternative price plans and impose different restrictions for the BeeHere Services in each price plan, including, without limitation, restrictions in technical features and solutions, size and/or length of Content, quality and/or format of Content, sources of Content, etc.


#Simplified - List of Musts

You must comply with all applicable laws. You will be responsible for your actions and for the actions of anyone who accesses your user account or User Offering settings. You shall regularly save backups of your content. You agree that we may send you promotional messages and content. You can easily opt-out of receiving promotional messages by contacting us. You allow us to use your User Offering for our promotional activities, and to determine the manner in which the services will be performed. You agree that BeeHere has the right to impose and change price plans for its Services. Additionally, BeeHere may impose restrictions depending on your specific usage of the Service.


2.3. You agree and undertake not to:

  1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the BeeHere Platform, the BeeHere Services (or any part thereof), any Content offered by BeeHere or Third Party Services for use and display within User Offerings (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without BeeHere’s prior written and specific consent and/or as expressly permitted under the BeeHere Terms;
  2. submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libellous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of BeeHere or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
  3. use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
  4. phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;  
  5. upload, insert, collect or otherwise make available within BeeHere or the BeeHere’s Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
  6. publish and/or make any use of the BeeHere Services or Licensed Content on any website, media, network or system other than those provided by BeeHere, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the BeeHere Services, Licensed Content and/or User Offering (or any part thereof), except as expressly permitted by BeeHere, in advance and in writing;
  7. use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the BeeHere Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the BeeHere Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the BeeHere Services;
  8. act in a manner which might be perceived as damaging to BeeHere’s reputation and goodwill or which may bring BeeHere into disrepute or harm;
  9. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use BeeHere or BeeHere Marks and/or variations and misspellings thereof;
  10. impersonate any person or entity or provide false information on the BeeHere Services and/or User Offering, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to BeeHere and/or any End Users;
  11. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that BeeHere or any third party endorses you, your User Offering, your business, your User Products, or any statement you make;
  12. reverse look-up, trace, or seek to trace another User of BeeHere Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the BeeHere Services and/or User Offering without their express and informed consent;
  13. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the BeeHere Services, User Offering, the account of another User(s), or any other systems or networks connected to the BeeHere Services, by hacking, password mining, or other illegitimate or prohibited means;
  14. probe, scan, or test the vulnerability of the BeeHere Services or any network connected to the BeeHere Services;
  15. upload to the BeeHere Services and/or User Offering or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
  16. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the BeeHere Services or BeeHere’s systems or networks connected to the BeeHere Services, or otherwise interfere with or disrupt the operation of any of the BeeHere Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
  17. use any of the BeeHere’s Services and/or User Offering in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
  18. access to BeeHere Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
  19. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or BeeHere Services, except as expressly permitted by the BeeHere Terms;
  20. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors or Users, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the BeeHere Services and/or Licensed Content;
  21. violate, attempt to violate, or otherwise fail to comply with any of the BeeHere Terms or any laws or requirements applicable to your use of the BeeHere Services.
  22. access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.


You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

 

#Simplified - List of Don’ts

In general, we just want you to be nice, and avoid doing anything that might harm us or anyone else. Among others, you may not copy our materials, use any content in an illegal or harmful manner, use our services or our content or content of our Users on any platform or website not provided by us, make any misrepresentations or abuse our Services, or otherwise violate anyone’s rights or any applicable laws. Failure to abide by any of these rules may bring us to cancel your account and stop providing you with any services.

 

3. Content and Ownership

3.1. Your Intellectual Property

As between BeeHere and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. BeeHere does not claim ownership rights on your content. For the sole purpose of granting you the service, you know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.


#Simplified

You own all rights to your content. We may handle your content in order to provide you with our services.


3.2. BeeHere’s Intellectual Property

All rights, title and interest in and to the BeeHere Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the BeeHere Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to BeeHere.

 

Subject to your full compliance with the BeeHere Terms and timely payment of all applicable Fees, BeeHere hereby grants you, for as long as Beehere wishes to provide you with the Beehere Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Beehere Services and Licensed Content, for the purpose of ordering products via BeeHere generating and displaying your User Offering to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the BeeHere Terms, and solely within the BeeHere Services.

 

The BeeHere Terms do not convey any right or interest in or to BeeHere’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the BeeHere Terms constitutes an assignment or waiver of Beehere’s Intellectual Property rights under any law.


#Simplified

We own all rights in and to our services, content, data, technology and features. You may use our services and content so long as you fully comply with these terms and ensure full and timely payments, where applicable. 


3.3. Feedback and Suggestions


If you provide us with any suggestions, comments or other feedback relating to the BeeHere Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by BeeHere. By providing such Feedback to BeeHere, you acknowledge and agree that it may be used by BeeHere in order to: (i) further develop, customize and improve of the BeeHere Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized BeeHere-related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which BeeHere may use to provide and improve its services, (vi) to enhance BeeHere data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to BeeHere any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.


#Simplified

We welcome any form of feedback or suggestions. If you do provide us with any with have the right to use it. Please make sure that it is accurate and legal.


3.4. Sustainability Scoring


Sustainability scoring is a concept developed by BeeHere to stimulate sustainable consumption of products. By sustainable is to be understood having overall positive impact on the local economy, communities and the environment. It is in no way a concept to harm merchants and their business on BeeHere. Rather the opposite, its aim is to celebrate sustainable behaviour and sustainable products. As such, sustainability scoring requires collection of publicly available data in the User offering, such as product description, but also to collect data about consumers choices, before it can be evaluated and the result presented to the Consumer. For example, BeeHere evaluates consumer choice of delivery; did Consumer choose overnight delivery or rather self-pickup in the physical store of the merchant? With this Terms of Service you give BeeHere the right to collect data needed to evaluate each purchase on its sustainability scoring. You agree that BeeHere may collect, use and interpret statistical and anonymized data of sustainability scoring for various purposes including content creation, impact measurement, impact reports and publish such content for public access. The how and what is collected in regards to sustainability scoring is described excessively on BeeHere platform as it is part of BeeHere’s identity, brand value, intellectual property and copyright as well. BeeHere may, at its sole discretion change, expand or reduce the methods and evaluation metrics used for sustainability scoring. Every change will be communicated by BeeHere beforehand. 

Results of purchase evaluation through sustainability scoring developed by BeeHere is a concept to financially or otherwise support sustainability projects, where after successful purchase via BeeHere, Consumer may select a sustainability project where BeeHere should invest part of BeeHere’s immediately earned revenue to sustainability projects chosen by BeeHere. Choosing a sustainability project is in no form and investment vehicle on behalf of BeeHere nor BeeHere’s investment on behalf of its users, nor is it in any shape or form a financial product offered for a fee, purchase or other exchange. BeeHere does not profit, nor take fee for consumers selection of sustainability projects. 

The size of the investment from BeeHere is bond to the result of the sustainability score per individual purchase evaluation. You acknowledge that BeeHere may change the calculated relationship between the result of sustainability scoring per purchase and the size of the investment at its sole discretion. You acknowledge that due to the nature of and sum of factors out of BeeHere’s capacity to control, such as merchants’ products’ features, their stored information and Consumer choices, the result of BeeHere’s investment into sustainability projects may be between 0 to 15% of its immediately earned revenue of individual Consumer purchase. 
BeeHere has right to change the calculation and the relationship between sustainability score and the size of the investment into sustainability projects without the need for prior consent by the User of BeeHere.

BeeHere invests its revenue into sustainability projects throughout the year, any such investment is communicated upfront to Users of BeeHere. BeeHere has a the sole right to choose one or multiple projects where its revenue will be invested and may change the selected projects if (1) selected project turns out to be fraudulent, (2) the conditions to invest defined by the sustainability project changed between the time of listing the project and the day of closure of list for investment, (3) the terms of service of the organization operating the sustainability project changed in a way which could impact the investment value, (4) if there is a suspicion that the invested funds can be used for other purpose than pledged by the sustainability project, (5) there is a risk associated with a sustainability project that could harm BeeHere brand and or its assets.

BeeHere is open for suggestion to list any sustainability projects. However, it is BeeHere’s right to select such projects based on its internal evaluation and investigation into the matters of such projects. Please refer to point 3.3. in this Terms of Service for more information on Terms related to suggestions.


#Simplified

We created a concept called sustainability scoring to evaluate purchases via BeeHere on its positive impact on the local economy, communities and the environment. To make this possible we need to collect certain data during the purchasing process. With our sustainability scoring we do not aim to harm business in any way. Sustainability scoring is used to define the size of investment BeeHere pledges to invest into sustainability projects which Consumers may select on Beehere after completing a successful purchase via BeeHere. BeeHere’s investment is derived from BeeHere’s revenue and is not a financial product nor any kind of investment product which consumers may purchase. BeeHere has a right to change the conditions of sustainability scoring at any time. Feel free to suggest us more sustainability project to be listed but be aware that BeeHere has the final saying on what projects are listed and where the BeeHere’s revenue will be invested.


4. Privacy

Certain parts of the BeeHere Services (including certain Third-Party Services available therein, as further explained in Section 8 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the BeeHere Services, BeeHere and such Third-Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the BeeHere Services and/or User Offerings. We encourage you to read our Privacy Policy and each such Third-Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.


#Simplified

We care about your privacy, and you should too. Please read our Privacy Policy to learn more about our practices concerning personal information


5. Service Fees

5.1. Paid Services

As a merchant on BeeHere, use of BeeHere is subject to % Service Fee on each order placed by the Consumer, as determined by BeeHere in its sole discretion (“Paid Services” and “Fee(s)”, respectively). BeeHere will provide notice of such Fees then in effect in relation to BeeHere Services. If you wish to use BeeHere Services, you are required to pay BeeHere Service Fee.
As a Consumer on BeeHere you are not a subject to any Fees for using BeeHere Services. Merchants however define their own fees and prices for products and their delivery, which is not a BeeHere Fee.

 

BeeHere reserves the right to change its Fees at any time, upon notice to you if such change may affect your User Account.

 

All Fees shall be deemed to be in Swiss Francs, except as specifically stated otherwise in writing by BeeHere. To the extent permitted by law (and unless specified otherwise by BeeHere in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the BeeHere Services, or to any payments or purchases made by you. If BeeHere is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). BeeHere is not responsible for any such additional fees or costs.

 

As part of registering or submitting information to receive BeeHere Services, you also authorize BeeHere (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment and Service Fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries BeeHere or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).


#Simplified

Some of our services cost money. We will let you know how much beforehand. Our prices are stated in Swiss Francs and before taxes, unless otherwise said. If needed, we or our affiliates ( for example payment provider) may request and collect payments and Fees and related information from the relevant payment providers (for example information about successful transaction from your credit card to our bank account) and banks.


5.2. Invoices

BeeHere and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by BeeHere (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address, and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only.


#Simplified

Invoices for our paid services will be available in your user account.


5.3. Refund & Return
 
For Merchants:
BeeHere Service Fees paid by you are non-refundable and non-cancellable. Exception may occur if BeeHere collected a Fee by a mistake, for example due to a technical failure on payment gateway provider side, or ours. In such case you may request a refund of BeeHere fees within 14 days. If we find that a notice of refund has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any BeeHere Services actually received, as permitted by law. Fees collected by Third-party provider, such as payment gateway provider are not part of BeeHere Services, and therefore not BeeHere’s responsibility. Please read payment gateway providers Terms of Service for information on Money-Refund. 
Consumer’s Refund and Return of the order or some of its parts are your responsibility. You may define your own Return and Refund policies in your User Offering. Any attempt to sway your responsibility for Refund and Return of Consumer’s orders or their payment to BeeHere by you or your associates is a breach of BeeHere Terms and may lead to termination of your User Account


For Consumers:

If you are a Consumer and you want to request a refund for your purchase, please contact the Merchant as BeeHere is not responsible in any way for Merchant’s products, order handling, delivery, cancellation or other practices related to User Offering. You will find Merchant’s Return and Refund policies stated in Merchant’s profile on BeeHere. Any attempt to sway responsibility for Refund and Return from Merchant to BeeHere by Merchant is a breach of BeeHere Terms. If you find such information, please contact us.

Please note: Certain services or products from Merchants on BeeHere may be non-refundable, therefore please read Merchants’s return and refund policies carefully before the purchase. It is your obligation to verify your ability to cancel a service or a purchase of a product prior to purchasing it. BeeHere will not refund any amounts paid to Merchants for their fees, refundable or non-refundable orders or their parts.


#Simplified

As a Merchant on BeeHere Service Fees are non-refundable unless they were caused by a technical issue and therefore collected by mistake. Refund and Return of Consumers orders is your responsibility and you can determine your policies in your profile. 
As a Consumer Please carefully check the terms of Merchant’s offering before buying, since Refund and Return of your order is Merchant’s responsibility and some services or products may be non-refundable.


5.5. Chargebacks

If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your BeeHere account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the BeeHere Services may be automatically disabled or terminated. 

 

In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).

 

Your use of the Beehere Services will not resume until you consolidate any outstanding payments for any such BeeHere Services, and pay any applicable Fees in full, including any fees and expenses incurred by BeeHere and/or any Third Party Services for each Chargeback received (including Fees for BeeHere Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

 

If you have any questions or concerns regarding a payment made to BeeHere, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the Beehere Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the BeeHere Services purchased (and charged-back) by you.

 

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.


#Simplified

Chargebacks may bring us to cancel your account, so we urge you to avoid causing them.

Please contact our Customer Support team before filing a chargeback. You will be responsible for any incorrect fees, losses and expenses that follow.


6. Cancellation

6.1. Cancellation by User

You may discontinue to use and request to cancel your User Account and/or any BeeHere Services at any time, in accordance with the instructions available on the BeeHere Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the BeeHere Services, and the effective date for cancellation of Paid Services shall be at the end of paying the outstanding fees.

 

#Simplified

You may cancel your account or any services at any time. Once we process your cancellation request, we will not charge you for any more Fees.


6.2. Cancellation by BeeHere

Failure to comply with any of the BeeHere Terms and/or to pay any due Fee shall entitle BeeHere to suspend (until full payment is made) or cancel your User Account and User Offering (or certain features thereof), as well as the provision of any related BeeHere Services (e.g., Paid Services) or Third Party Services to you.
 

#Simplified

If you violate any of these terms or fail to make timely payments, we may suspend or cancel your account.


6.3. Loss of Data, Content and Capacity

If your User Account or any BeeHere Services or Third Party Services related to your User Account are cancelled (whether at your request or at BeeHere’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any registration that was included in such Services (“Capacity Loss”). BeeHere shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data.


#Simplified

If your account or any of your services are cancelled, it may result in loss of content and data. You are responsible to back up your data and materials.

7. E-Commerce

7.1. General

The Beehere Services also include certain features which enable you to sell goods and services through your User Offering (“User Products”, and collectively – “E-Commerce”).

 

You are solely responsible for your User Products and E-Commerce related activities, incl. cancellation of orders, return and refund, delivery, disputes with your End Users and any promotions and related Content contained or referred to in your User Offering, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products (the Consumer).


When someone purchases your User Products, the payments for such transactions will be processed through third-party payment service provider like Stripe or Twint (“Payment Provider(s)”) and you will receive the full sum minus BeeHere Service Fee and applicable fees from the Payment Provider. Beehere Services do not include payment services, but we do provide connection to Payment Providers that will process your payments and enable Consumers to pay digitally for your User Products.


For example Consumer purchases your (Merchant’s) products with credit card, payment provider Stripe will process the payment and apply credit card “pay-in” fees and BeeHere Service Fee before paying out the money to your associated bank account.


#Simplified

You can use our services to sell your products, content and services online. BeeHere may automatically connect you to Payments Providers to allow you to accept payments from your customers. BeeHere does apply its Service Fee for using BeeHere Services, but not for payment services. Payment Provider may apply its own fees. You are responsible for all your sales activities, including your relationships with customers, order cancellation, return and refund, delivery, disputes and others.


7.2. Payment Providers

Beehere will automatically connect you to Payment Providers to allow you to accept payments from your customers. Connection to Payment Provider is a condition to have your User Offering accessible for public on BeeHere. You acknowledge and agree that connection to Payment Provider provided by BeeHere is going to be your default payment provider to offer your User Offering on BeeHere. Any pay-out from Payment Provider account is subject to your completion of the registration and verification process. You acknowledge and agree that BeeHere will have access to your transactions on BeeHere and necessary information provided by Payment Provider as governed by the Payment Provider Terms of Service (see Stripe Terms of Service, specifically Stripe Connect Platform Agreement and Stripe Privacy Policy) in order for BeeHere to facilitate your Account on BeeHere with BeeHere Services to govern your E-commerce on BeeHere (for example a financial dashboard). For more information about Data Privacy please refer to BeeHere Data Privacy.

Any account connected to other Payment Providers shall be governed by such Payment Provider’s terms of service. We are neither a party to nor are responsible in any way for your relationship with any such Payment Providers, or for the actions of any of these Payment Providers. Therefore, please read Payment Providers Terms of Service prior to publishing your site and accepting payments. 


#Simplified

We may connect you to Payment Providers who will enable you to accept payments if you fully register and verify your account. Your relationship with the Payment Provider is governed by the Payment Providers Terms of Service. BeeHere is granted access to information necessary for you to govern your e-commerce on BeeHere.


7.4. E-Commerce Acknowledgments and Warranties

By using any of our E-Commerce features, you acknowledge, warrant and agree that:

  1. You shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law; 
  2. Any Taxes indicated by the E-Commerce features provided to you by BeeHere are solely provided for illustration purposes only, and may not be relied on in any way;
  3. You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;
  4. You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information on your User Offering for any questions, complaints or claims; and
  5. You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution, use, re-use, re-cycle or up-cycle; which is in violation with BeeHere list of illicit activities; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and –
  6. BeeHere may, at any time and at its sole discretion, suspend, disable access to or remove your User Offering and/or any User Products - whether or not incorporated, published with or made a part of your User Offering at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.


#Simplified

Your e-commerce activities on Beehere are your responsibility. Please make sure you comply with any appropriate law including consumer rights and your taxation obligations and that you have the rights to offer or sell your products and services and can deliver your products or services as communicated on Beehere in a professional manner. You are not allowed to offer or sell products or services that can be linked to criminal activity or listed in our list of illicit activities.


8. Promotional Services

As part of the BeeHere Services, BeeHere may provide promotional services such as video creation, social media posts, blog post creation, creation of marketing visual assets, promotion and sharing of User Content or User Offerings on Beehere platform and marketing channels ("Promotional Services"). These services may be part of paid BeeHere Services as communicated on BeeHere Platform or may extend over the Premium Services scope and therefore being a subject to additional fees associated with creation and management of Promotional Services. In such case, BeeHere will communicate any associated fees ahead of delivering the Promotional Services and be transparent about the effort, use and delivery scope.

 

#Simplified

Beehere is happy to provide promotional services. Any promotional services may create additional fees, which will be communicated ahead of delivery.


9. Third Party Services


The BeeHere Services enable you to engage and procure certain third-party services, products and tools for enhancing your User Offering and your overall user experience or the experience of the End Users. Currently including E-Commerce Payment Provider Stripe, but in the future may provide additional Third-Party Services, such as third-party applications and widgets offered via the BeeHere Platform, third party Licensed Content, media distribution services, additional E-Commerce Payment Providers, sellers of tangible products, third party designers who may assist you with your User Offering, etc. (collectively, “Third Party Services”).

 

You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain BeeHere Services, offered separately by BeeHere or persons certified or authorized by BeeHere, or otherwise offered anywhere on the BeeHere Services), BeeHere merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. BeeHere will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third-Party Services. BeeHere may connect information from Third Party Services with your account on BeeHere if you choose to do so and it improves your user experience or capability to manage your User Offering, E-Commerce or other Services on BeeHere and outside of it.


You acknowledge that such services may require the payment of additional amounts to BeeHere and/or to the providers of such Third-Party Services.

 

Any and all use of such Third-Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.


If you use third parties' services, software or goods while using our Services, you declare that you act in compliance with their Terms of Service. For example, if you use YouTube while using the Services, you must comply with the applicable YouTube terms and its privacy policy as in the effective version as of the date of use of such services.


While we hope to avoid such instances, BeeHere may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Offering(s) and/or the BeeHere Services, any Third-Party Services – whether or not incorporated with or made part of your User Account and/or User Offering(s) at such time – without any liability to you or to any End Users.


#Simplified

Our services may enable you to get various services and tools from third parties that are not affiliated with us. Since we only act as an intermediary platform between you and such parties, only you will be responsible for your engagements with them. We can remove third party services at any time, which may affect your overall experience. 


10. Misconduct and Copyrights

10.1. Misconduct and Abuse

When using the BeeHere Services, you may be exposed to User Offerings, User Content or Third-Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against BeeHere with respect thereto. If you believe a User or any Third-Party Services acted inappropriately or otherwise misused any of the BeeHere Services, please immediately report such User and/or Third-Party Service to us via contact@beehere.ch. You agree that your report shall not impose any responsibility or liability upon BeeHere, and that BeeHere may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.


#Simplified

If you witness or experience any misconduct or abusive behaviour by anyone using our services, please let us know.


 

10.2. Copyrights

Beehere acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via contact@beehere.ch, or otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit BeeHere to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.


BeeHere’s Copyright Agent can be reached at the following address:

 

Help’n’Trade GmbH

Schulstrasse 83, 8952 Schlieren, Switzerland 

E-mail: copyright@beehere.ch

 

In the event that BeeHere receives notice regarding a copyright infringement related to your User Offering, it may cancel your User Account, take your User Offering down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 9 may be deemed accepted, applicable and compliant with the DMCA, or not, at BeeHere’s sole reasonable discretion. BeeHere reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.


#Simplified

We respect the intellectual property rights of others. If your copyrighted works were used inappropriately by any of our users – please let us know and provide us with all the necessary information, and we will take care of it in accordance with the DMCA. If we receive a copyright infringement notice regarding your content or offering, we may remove your content/offering or cancel your account. 


11. Disclaimer of Warranties

We provide the BeeHere Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the BeeHere Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third-Party Services) mentioned on or made available via the BeeHere Services – so please be sure to verify those before using or otherwise engaging them.

 

BeeHere may, at its sole discretion (however it shall have no obligation to do so), screen and monitor any User Offering and/or User Content, at any time and for any reason, with or without notice. BeeHere may, at its sole discretion (however it shall have no obligation to do so), edit any User Offering and/or User Content if needed to be done for continuation of use of BeeHere Services (for example technical update of Beehere Platform requiring update of URL links), if requested by you as the User Offering or User Content owner, or other unforeseen reasons, that may otherwise harm BeeHere Platform, use of BeeHere Services or user experience. In a case of editing User Offering and or User Content, such users will be informed about the changes made. 

 

Notwithstanding anything to the contrary in the foregoing, in no circumstances may BeeHere be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the BeeHere Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, BeeHere shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

 

You acknowledge that there are risks in using the BeeHere Services and/or connecting and/or dealing with any Third-Party Services through or in connection with BeeHere Services, and that BeeHere cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third-Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.

 

BeeHere does not recommend the use of the BeeHere Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.

 

Please note that certain BeeHere Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain BeeHere Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the BeeHere Services at this BETA stage signifies your agreement to participate in such BeeHere Services’ BETA testing.


#Simplified

We make no warranties regarding our services, including their quality, reliability, security, compatibility and conditions. We may monitor your content and edit it if needed for continuation of BeeHere Services. However, you’ll be informed about changes in your offering or content and we are not to be considered a “publisher” of your content, we do not endorse your content, and will not be liable for any content used by you or anyone else. There are risks in using our services or anyone else’s services. You accept such risks. Some of our services are still in BETA, and may contain bugs or experience interruptions.


12. Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, BeeHere, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the BeeHere Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the BeeHere Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the BeeHere Services; (6) events beyond the reasonable control of BeeHere, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of BeeHere Services.

 

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for BeeHere’s Services to you, and such limitations will apply even if BeeHere has been advised of the possibility of such liabilities.


#Simplified

Subject to applicable law, we will not be liable for any damages.


13. Indemnity


You agree to defend, indemnify and hold harmless BeeHere, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Service or any other BeeHere Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Offering or User Content and/or your use of the Beehere Services, including, without limitation, BeeHere Services’ actions for your benefit; and/or (3) any other type of claim that your User Offering and/or User Content caused damage to a third party.


#Simplified

If we get sued or are otherwise placed in harm’s way because of something you did, you will bear the associated costs and damages.


14. General

14.1. Changes & Updates

BeeHere reserves the right to change, suspend or terminate any of the BeeHere Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the BeeHere Services (including removal of any materials created by you in connection with the BeeHere Services) for any reason and/or change any of the BeeHere Terms with or without prior notice - at any time and in any manner.

You agree that BeeHere will not be liable to you or to any third party for any modification, suspension or discontinuance of those BeeHere Services.

If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current BeeHere Services without enabling such changes, or provide you with alternative Services.


#Simplified

We may make changes to our services or to these terms at any time.


14.2. Governing Law & Jurisdiction; Class Action Waiver

The BeeHere Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the BeeHere Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the BeeHere Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Switzerland, without respect to its conflict of laws principles.

 

Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Zürich, Switzerland. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.


Subject to any applicable law, all disputes between you and BeeHere shall only be resolved on an individual basis and you shall not have the right to bring any claim against BeeHere as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).   


#Simplified

These terms and our relationship shall be governed by the laws of the State of Switzerland. Any disputes between us may only be brought before the courts of Zürich, Switzerland.


14.3. Notices

We may provide you with notices in any of the following methods: (1) via the BeeHere Services, including by a banner or pop-up within the BeeHere Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. BeeHere’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.


#Simplified

We may provide you with notices via our services, by e-mail or through any other contact means you provided us.


14.4. Relationship

The BeeHere Terms, and your use of the BeeHere Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between BeeHere and you.


#Simplified

Accepting these terms and services does not form a partnership or any special relationship between us.


14.5. Entire Agreement

These Terms of Service, and any other legal or fee notices provided to you by BeeHere, shall constitute the entire agreement between you and BeeHere concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between BeeHere and you, including those made by or between any of our respective representatives, with respect to any of the BeeHere Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of BeeHere in entering into any of the BeeHere Terms.


#Simplified

These terms (together with additional terms) shall constitute the sole and entire agreement between us.


14.6. Assignment


BeeHere may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the BeeHere Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of BeeHere. Any attempted or actual assignment thereof without BeeHere’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section ‎14.6 shall not in itself grant either BeeHere or you the right to cancel any BeeHere Services or Third Party Services then in effect.


#Simplified

We may assign our rights and obligations to other parties. You may only do so with our prior written consent


14.7. Severability & Waivers


If any provision of the BeeHere Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the BeeHere Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.


#Simplified

These terms are independent from each other, in case any of them is found invalid.


14.8. Interpretation


Any heading, caption or section title contained herein, and any explanation or summary under the right “#Simplified” column, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.

 

These Terms of Service were written in English, and may be translated into other languages for your convenience. You may access and view other language versions by changing your BeeHere Website language settings. If a translated (non-English) version of these Terms of Service conflicts in any way with their English version, the provisions of the English version shall prevail.


#Simplified

#Simplified part of these Terms of Service are not legally binding and are just for more clarity.

Translated (non-English) versions of these terms may be provided for convenience only.


14.9. Customer Service Contact


To get in touch with our Customer Service - please use any of the options listed below:

  1. Send an email message to: customersupport@beehre.ch 
  2. Reach out to us via our Discord channel or social media (links on our platform)


#Simplified

Have any questions or suggestions? We’d love to hear them!