PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE DATABEES WEBSITE AND ANY SERVICES PROVIDED BY US, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SERVICES PROVIDED BY US.
The Terms of Service (the “Terms”) apply when you view or use RocketBees LLC dba DataBees (“Databees”, “we”, “our” or “us”) website located at getdatabees.com (the “Website”) or by ordering our Services. The Website, and any feature, content, tool and service accessible through the Website and our outsourcing services are collectively referred to as the “Services”.
ABOUT THE SERVICE
We offer outsourcing services, including but not limited to custom lead research and support services for sales and marketing teams.
ACCESS TO THE SERVICES
Using the Website you will be asked to provide personal information, such as name address and contact information, so that we can communicate with you and provide our Services to you. You represent and warrant to (a) provide accurate, current and complete information about you as may be prompted during the checkout process of the Service (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to Databees, to keep it accurate, current and complete; and (c) accept all risks of unauthorized access to the Registration Data and any other information you provide to Databees.
Databees may use the Registration data to contact you regarding the Services. The type of personal data included in the Registration data may be personal master data, communication data, payment method data, i.e. credit card information, and data to render an account and collect a fee for the Services performed. The parties shall comply with all applicable rules and regulations regarding data protection in connection with such use of personal data, i.e. in Europe the General Data Protection Regulation (EU) 2016/679 (the “GDPR”).
As part of the Service, Databees may receive from you, or research, collect or generate personal data on behalf of you (together the “Customer Personal Data) and process such data on your behalf. Databees then acts as a processor of the data while you are considered the controller in accordance with the GDPR. In Europe the GDPR requires a separate written agreement between the Parties whenever any such processing of personal data occurs. In case you request services that require such data processing you hereby agree to be bound by the separate data processing agreement linked here: https://getdatabees.com/data-processing-agreement/
To the extent the Service or any portion thereof is made available for any fee, you will be required to select a subscription plan (the “Term”) and information regarding your credit card or other payment method.
You will then be charged a non-refundable amount in advance at the beginning of the initial Term and at the beginning of any recurring Term until terminated, as follows:
Monthly plan: US$ 1,590.00 per full-time assistant per month (Project Manager included)
Semiannual plan: US$ 8,640.00 per full-time assistant per 6 months (Project Manager included)
Annual plan: US$ 15,990.00 per full-time assistant per year (Project Manager included)
All the fees are net values only. Statutory value-added tax and/or withholding tax, if any, as well as other statutory charges shall be paid in addition to the net amounts stated above. You shall be responsible for all taxes associated with the Services other than taxes based on Databees’ net income.
You authorize Databees to charge the amount to your selected payment method in accordance with the terms of such plan and these Terms of Service. If you dispute any charges you must let Databees know within sixty (60) days after the date that Databees charges you. We reserve the right to change our prices. If we change prices, we will provide notice of the change on the Website or in email to you, at Databees’ option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. Unpaid fees are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection.
In connection with your payment for Services, you acknowledge that: (a) Databees may use a third party payment service, (b) applicable VAT or other taxes for the Services may be owed by you in accordance with applicable laws.
When you make a purchase of the Services you are representing to us that: (a) any credit card information you supply is true and complete; (b) charges incurred by you will be honored by your credit card company; and (c) you will pay the charges incurred by you, including any applicable taxes, and (d) that you agree to any additional terms of the third party payment service.
TERM AND TERMINATION
The initial Term of the monthly plan is one month. The initial Term of the semi-annual plan is 6 months and the initial Term of the annual plan is 12 months from the day the Services are scheduled to commence. All plans are automatically renewed for the same recurring Term until terminated.
You can terminate the monthly plan with 1-week written notice to Databees at the end of the initial term and the end of any recurring Term thereafter. You can terminate the semiannual plan with 1-month and the annual plan with 2-months written notice to Databees at the end of the initial term and the end of any recurring Term thereafter. No refunds or credits are given for unused time or if you cancel your subscription prior to the effective Term. Databees may, at its sole discretion, suspend or terminate the Services with written notice to you without cause at any time.
If you terminate your subscription to the Service prior to the end of your then effective subscription Term or Databees effects such termination or cancellation, in addition to other amounts you may owe DataBees, you must immediately pay any then unpaid service fees associated with the remainder of such subscription Term.
Upon termination, Databees shall make all data and information collected and generated for you available to you for 30 days. Databees is not obligated to store or backup such data and is not obligated to delete such data from its own database.
USER OBLIGATIONS AND LIMITATIONS
You may not use the Service if you are less than 13 years of age. If you are under the age of 18 you may not use the Service without involvement and consent of your parent or guardian.
Other than as explicitly provided herein, Databees is under no obligation to retain a record of your Registration Data or any data or information collected or generated by Databees or data that you may have stored by means of the account or your use of the Services.
INTELLECTUAL PROPERTY RIGHTS
Your intellectual property to which Databees has access to pursuant to these Terms of Service is and shall remain your sole and exclusive intellectual property. Lead lists created by Databees for you while providing the Services shall be considered works made for hire and therefore owned by you. Databees may use all or part of the data in such lead lists to enhance Databees’ Services and matching and learning algorithms, provided that your specifically identifiable information and your trademarks and service marks are removed.
Databees shall not deliver to any other of its customers any data lists created for you. Notwithstanding the above, Databees may provide Services to other customers with similar requirements and may provide to such customers similar data, which will be either be collected by Databees for such other customers or provided from Databees’ internal database.
The technology, software, and algorithms underlying the Service and used or distributed in connection therewith are the property of Databees, our affiliates and our partners (the “Databees IP”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Databees IP. Any rights not expressly granted herein are reserved by Databees.
Databees, the Databees logos and any other product or service name or slogan contained on the Website are trademarks of Databees and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Databees or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Databees”, or any other name, trademark or service name of Databees without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is intellectual property of Databees and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, documents, product names and company names or logos mentioned on the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
You agree that DataBees may use your company’s name, logo & other company information for any advertising, publicity or other business purpose at any time, during the term of this Agreement and may continue to use materials generated during the term of this Agreement indefinitely thereafter. The use of the company’s name logo and other company information shall not be deemed to result in any invasion of privacy or in violation of any intellectual property rights. Permission to use the aforementioned information may be revoked in writing at any time.
Subject to the limited rights expressly granted hereunder, each party reserves all of such party’s right, title and interest in and to their Intellectual Property. No rights are granted or licenses hereunder other than as expressly set forth herein.
DATA PROVIDED WITH THE SERVICES
In providing the Services we may provide links or other access to other sites and resources on the Internet. Databees has no control over such sites and resources and Databees is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Databees will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Databees is not liable for any loss or claim that may arise from or against any such third party.
CONSENT TO USE OF DATA
You agree that Databees may collect and use technical data, personal information and related information in connection with your use of the Website including, but not limited to, contact information and technical information about your use, the device, system, software, and peripherals, that are gathered to analyze the use, features and functionality of the Website and to facilitate the provision of software updates, product support and other services related to the Website. Databees is also authorized to contact you about our Services using the contact information provided by you.
THIRD PARTY CONTENT
Databees may (i) display, include or make available content, data, information, applications or materials from third parties or (ii) when providing Services, upon your request use content, data, information, applications or materials from third parties (collectively the “Third Party Content”). Databees does not control, warrant, endorse or adopt any Third Party Content and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Part Content, or web sites, or for any other materials, products, or services of third parties. You acknowledge and agree that Databees is not responsible or liable in any manner for any Third Party Content and is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Users use such Third Party Content contained therein at their own risk.
When you use the Service, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Electronic communications from us, including emails, may include marketing and promotional content.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DATABEES HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES AND PRODUCTS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DATABEES DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SERVICES, THAT THE FUNCTIONS CONTAINED THEREIN, OR SERVICES PERFORMED OR PROVIDED WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DATABEES OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL DATABEES OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF SALES OR BUSINESS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF DATABEES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DATABEES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT YOU HAVE PAID FOR DATABEES SERVICES IN THE LAST SIX (6) MONTHS, OR, IF GREATER, THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree, at your sole expense, to defend, indemnify and hold Databees, and its agents, affiliates, subsidiaries, directors, officers, employees, contractors, suppliers, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to your conduct, your use of the Service, your use of the data provided by Databees, your violation of the Terms, or your violation of the rights of any third-party.
You and Databees undertake for a period of two years after the last exchange of information has occurred, to keep confidential any information which has commercial value and is either (i) technical information, including patent, copyright, trade secret, and other proprietary information, techniques, sketches, drawings, models, inventions, know-how, processes, apparatus, equipment, algorithms, software programs, software source documents, and formulae related to the current, future and proposed products and services of Company, or (ii) non-technical information relating to Company’s products, including without limitation pricing, margins, merchandising plans and strategies, finances, financial and accounting data and information, suppliers, customers, customer lists, purchasing data, sales and marketing plans, future business plans and any other information which is proprietary and confidential to the disclosing party and other information designated as confidential by either party (hereinafter referred to as “Confidential Information”) and to protect the Confidential Information at least in the same manner as they do with their own trade secrets.
In addition, You and Databees undertake to use the Confidential Information only and exclusively to perform this Agreement and to meet the duties hereunder. Information is not considered Confidential Information as defined herein that (a) was generally available to the public without violation of any obligation of confidentiality, (b) that either of the parties can prove to have known prior to the disclosure by the other party, that (c) is rightfully received from a third party without restriction on disclosure; (d) is independently developed by the receiving party; or (e) is disclosed pursuant to judicial order, pursuant to requirement of a governmental agency, or by operation of law. If a party bound by confidentiality discloses such a fact, then that party shall inform the other party within a reasonable time so as to allow the latter to take the required action to safeguard confidentiality and/or to reasonably satisfy the information requirement by other means.
Recognizing that improper use or disclosure of Confidential Information may cause the disclosing party irreparable damage for which other remedies may be inadequate, the nonbreaching party shall be entitled to equitable relief to protect its interest therein, including but not limited to injunctive relief, as well as money damages notwithstanding anything to the contrary contained herein.
Software available in connection with the Service and the transmission of applicable data, if any, is subject to certain export controls. You may not use or otherwise export or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list.
Any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
GOVERNING LAW AND VENUE
These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Databees agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Delaware.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Neither party may assign this agreement or any of its rights or delegate any of its duties under this agreement without the prior written consent of the other party, not to be unreasonably withheld. Notwithstanding the foregoing, either party may assign this agreement, without the other party’s consent, to any affiliate that is controlled by such party, controls such party or is under common control with such party, or to any purchaser of all or substantially all of such Party’s assets, or to any successor by way of merger, consolidation or similar transaction.
With questions about these Terms you may contact Databees at the following email address: [email protected]