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Last updated: 05/25/2023 2:00 pm

Nerdcom SRL (with its registered office in Av. Wiston Churchil , Blue Mall, PIso 21, Distrito Naciona, Republica Dominicana), a California corporation, hereinafter referred to as “Bechat Cloud,” “Nerdcom SRL,” ”us,” “we,” or “our,” operates the www.bechat.cloud website and offers services available on the www.bechat.cloud website (the “Service(s)”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions (the “Terms.”) These Terms apply to Bechat Cloud users and all visitors of the www.bechat.cloud website. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.

IF YOU ARE A BECHAT CLOUD USER LOCATED IN THE EUROPEAN UNION, OUR TERMS CONTAIN TWO ADDITIONAL AGREEMENTS REGARDING THE PROCESSING OF PERSONAL DATA, REQUIRED BY REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 27 APRIL 2016 ON THE PROTECTION OF NATURAL PERSONS WITH REGARD TO THE PROCESSING OF PERSONAL DATA AND ON THE FREE MOVEMENT OF SUCH DATA, AND REPEALING DIRECTIVE 95/46/EC – GENERAL DATA PROTECTION REGULATION (the “GDPR”):

  1. AGREEMENT FOR ENTRUSTING THE PROCESSING OF PERSONAL DATA (the “DPA”)

THE DPA INCLUDES AN ANNEX IN THE FORM OF STANDARD CONTRACTUAL CLAUSES IN RELATION TO THE POSSIBILITY OF DATA PROCESSING WITHIN THIRD COUNTRY BY NERDCOM SRL (AS A COMPANY LOCATED IN US) .

NO ACCESS TO EMERGENCY SERVICES: There are important differences between Bechat Cloud and your mobile and fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other services.

IF YOU ARE A BECHAT CLOUD USER LOCATED IN THE UNITED STATES OR CANADA, OUR TERMS CONTAIN A BINDING ARBITRATION PROVISION, WHICH STATES THAT, UNLESS YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES, BECHAT CLOUD AND YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. PLEASE READ THE “SPECIAL ARBITRATION PROVISION FOR UNITED STATES OR CANADA USERS” SECTION BELOW TO LEARN MORE.

About our Services

European Union’s Business Entities as Customers. THE SERVICE RENDERED BY BECHAT CLOUD IS DEVELOPED AND OFFERED SOLELY ON A BUSINESS-TO-BUSINESS (“B2B”) BASIS. BECHAT CLOUD PROVIDES THE SERVICE ONLY FOR BUSINESS OR PROFESSIONAL PARTNERS AND REFRAINS FROM PROVIDING THE SERVICE TO CONSUMERS, UNDERSTOOD AS NATURAL PERSONS WHO ORDER THE SERVICE WITHOUT DIRECT RELATION TO THEIR COMMERCIAL OR PROFESSIONAL ACTIVITY. THEREFORE, EVEN IN THE ABSENCE OF PROVISION BY THE SUBSCRIBER OF FULL DATA INDICATING HIS OR HER CORPORATE OR BUSINESS AFFILIATION, WE SHALL DEEM THAT SUCH SUBSCRIBER ORDERS THE SERVICES FOR THE PURPOSES RELATED DIRECTLY TO HIS OR HER PROFESSIONAL ACTIVITY.

Devices and Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.

Fees and Taxes. You are responsible for all carrier data plans and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. YOU ARE SOLELY RESPONSIBLE FOR ANY VALUE-ADDED TAX IN CONNECTION WITH THE SERVICES AND YOU INDEMNIFY AND HOLD BECHAT CLOUD HARMLESS FROM ANY AND ALL TAXES, INCLUDING SALES TAX, BASED ON PAYMENTS RENDERED BY YOU FOR THE SERVICES. If Bechat Cloud is legally required to report such information, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law or it is justified by exceptional circumstances.

Trade Sanctions and Export Controls. The Services and your use of the Services are subject to laws, restrictions, and regulations of the United States and other jurisdictions that (i) govern the import, export, and use of the Services and (ii) may prohibit us from providing the Services to you.

You agree and warrant not to export or re-export the Services (i) to any individual, entity, or country prohibited by the United States export control or trade sanctions laws; (ii) to anyone on an applicable government restricted parties list; or (iii) for any purpose prohibited by the United States export control or trade sanctions laws. You agree to comply with all such laws, restrictions, and regulations, and you warrant that you are not prohibited from receiving the Services by the laws of any jurisdiction.

You shall not use the Services if you are located in a restricted country, if you are currently listed on any restricted parties list, or for any purpose prohibited by the United States export control or trade sanctions laws, and you will not disguise your location through IP proxying or other methods. You represent and warrant that you and your end users (i) are not citizens of, or located within, a country or territory that is subject to United States trade sanctions or other trade restrictions, and that you and your end users will not access or use the Services, or export, re-export, divert, or transfer the Services, in or to such countries or territories; (ii) are not persons, or owned 50% or more, individually or in the aggregate by persons, identified on the United States Department of the Treasury’s Specially Designated Nationals and Blocked Persons List or Foreign Sanctions Evaders Lists; (iii) are not persons on the United States Department of Commerce’s Denied Persons List, Entity List, or Unverified List, or United States Department of State proliferation-related lists; and (iv) are not, and are not owned or controlled by one or more individuals or entities that are, targets of the United States economic sanctions administered by the Department of the Treasury’s Office of Foreign Assets Control or the State Department, including being included on any sanctions list or sanctions programs or located, organized or a resident in a country or territory that is the target of comprehensive sanctions as provided at https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information. 

You are solely responsible for complying with the United States and the applicable foreign export control and trade sanctions laws and monitoring them for any modifications. You will not cause us to be in violation of any such sanctions programs and regulations.

Platform Interactions. You are aware and agree that use of the Services may include interaction with “bots” or “chatbots” software programs that may use artificial intelligence and natural language processing to provide answers to questions you pose through our chat or email platforms. 

Privacy Policy and User Data

Bechat Cloud’s Privacy Policy describes our information (including message) practices, including the types of information we receive and collect from you, and how we use and share this information. You agree to our data practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information to the United States and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

If you are an EU citizen, we would like to inform you that we respect the GDPR. Nerdcom SRL  is the controller of your personal data (a) as a Bechat Cloud user (in connection with the purchase of Services and settlements) and (b) as a visitor to the www.bechat.cloud website. Nerdcom SRL also act as  a processor of personal data processed as part of the Services, entered into Bechat Cloud systems by Bechat Cloud users (end users’ data – individuals who interact with the Bechat Cloud user by way of the Bechat Cloud communication platform). Bechat Cloud Poland (as a company in the BECHAT CLOUD capital group), is also the controller of your personal data.

To find out more, please read our Privacy Policy.

Acceptable Use of Our Services

Our Terms and Policies. You must use our Services according to our Terms and posted policies. A violation of these policies may result in account termination, without recourse or refund, in our sole and exclusive discretion. If we disable your account for a violation of our Terms, you will not create another account without our permission.

Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Services; (c) to violate any international, governmental, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon, misappropriate, or violate our intellectual property rights or the intellectual property rights of others, including privacy, publicity, intellectual property, or other proprietary rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, threaten, speak hatefully, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to impersonate another person or entity; or (l) to interfere with or circumvent the security features of the Web site. We reserve the right to terminate your use of the Services for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.

No Spam, Advertising Compliance. In addition to the foregoing prohibitions, you further agree that you comply strictly with all applicable laws (federal, state, and otherwise) that govern marketing email, including without limitation, the U.S. CAN-SPAM Act of 2003, the General Data Protection Regulation (GDPR) of 2018, the Privacy and Electronic Communications (EC Directive) Regulations of 2003, and all other anti-spam laws. Violation of any of these laws will constitute a material breach of these Terms. You agree to defend and indemnify Bechat Cloud from and against any claim by a third party in connection with your failure to comply with this prohibition against spam.

Harm to Bechat Cloud Group or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services, except if it’s done by the official resellers of Bechat Cloud Group or upon a consent of Bechat Cloud Group; (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time; (i) remove or otherwise alter or cause to be altered, directly or indirectly, the appearance of the Services so as to remove Bechat Cloud’s proprietary branding or logo or otherwise modify the appearance of the Services. 

Accounts

Registration.  When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. Please, remember that you have the right to rectify your personal data. In our  Privacy Policy you will find details on how to do it.

Identity Verification. By registering for our Services, you agree and acknowledge that we may verify any personal data you provide to us or otherwise verify your identity. This may include verifying your name and identity by verifying your email address or telephone number. Should we discover any personal data you provide to us is materially incorrect or should we be unable to verify your identity, we may terminate your account and otherwise prevent you from using the Services.

Keeping Your Account Secure. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.

Business Use Only. Bechat Cloud Services are exclusively designated for business use and must be used only in accordance with their purpose, application, and their general characteristics.

Reservation of Rights. Bechat Cloud reserves the right to access your Account for technical purposes and to address occurring service issues, without prior notice. We shall also have the right to monitor your account in our sole and exclusive discretion and to assume the role of your account owner, especially in emergency situations, which can cause harm to you, us, or other users, or when we suspect a violation of the Terms.

This also includes our right to access your Account and to use, modify, reproduce, distribute, display and disclose your data to the extent necessary to prevent of emergency situations and provide Services, including in response to your support request. You agree that Bechat Cloud and our subcontractors will access your account in the above specified situations without prior notice. 

We ensure full confidentiality of information and data obtained under the above-mentioned activities unless their disclosure results from the provisions of applicable law or a binding court / authority decision.

For the avoidance of doubt, this right does not create any obligation for Bechat Cloud to monitor / verify your and/or your customers’ behaviour.

Suspending Your Bechat Cloud Account. You may unsubscribe your Bechat Cloud account at any time (including if you want to revoke your consent to our use of your information) using our in-app unsubscribe my account feature. When you unsubscribe your Bechat Cloud account, your undelivered messages are deleted from our servers as well as any of your other information we no longer need to operate and provide our Service. Be mindful that if you only unsubscribe our Services from your device without using our in-app delete my account feature, your information may be stored with us for a longer period (but only up to 6 months). Please remember that when you unsubscribe your account, it does not affect the information other users have relating to you, such as their copy of the messages you sent them. Notwithstanding the above, your personal data (as a Bechat Cloud user) may also be processed by Bechat Cloud after the end of cooperation on the terms provided for in the Privacy Policy.

You may suspend your Bechat Cloud account at any time. Please remember that when you suspend your account, it does not affect the information other users have relating to you, such as their copy of the messages you sent them and all data will be restored when you decide to come back.

Intellectual Property Rights

Your Rights. Bechat Cloud does not claim ownership of the information that you submit for your Bechat Cloud account or through our Services. You must have the necessary rights to such information that you submit for your Bechat Cloud account or through our Services and the right to grant the rights and licenses in our Terms.

Bechat Cloud’s Rights. The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Bechat Cloud and its licensors, including all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission.

Your License to Bechat Cloud In order to operate and provide our Services, you grant Bechat Cloud a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services. 

Right to use. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable right to use our Services, subject to and in accordance with our Terms. This right is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No rights are granted to you by implication or otherwise except for the rights expressly granted to you. For the avoidance of doubt, the right does not transfer any of the rights under these Terms to third parties or any other authorization to use the Services.

Digital Millennium Copyright Act Policy

We respect the intellectual property rights of others just as we expect others to respect our rights. Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a takedown notice to us via our DMCA Agent listed below. As an internet service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA. To submit a good faith infringement claim to us, you must submit notice to us that sets forth the following information:

Notice of Infringement – Claim

  1. A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
  4. Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number, and fax number;
  5. A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
  6. A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner. 

Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).  

Please note that we may share the identity and information in any copyright infringement claim we receive with the alleged infringer. In submitting a claim, you understand accept and agree that your identity and claim may be communicated to the alleged infringer.

Send all takedown notices to our DMCA Agent listed below. Please send by email for prompt attention.

DMCA Agennt
Email: team@bechat.cloud

Counter Notification – Restoration of Material

If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):

  1. Your physical or electronic signature.
  2. A description of the material that has been taken down and the original location of the material before it was taken down.
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that the you will accept service of process from the person or company who provided the original infringement notification.
  5. Email your counter-notice to our DMCA Agent: 

Randy Javier
NERDCOM SRL
Email: team@bechat.cloud

Repeat Infringer Policy

We take copyright infringement very seriously. Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, we maintain a list of DMCA notices from copyright holders and make a good faith effort to identify any repeat infringers. Those that violate our internal repeat infringer policy will have their accounts terminated.

Our Business Address:

NERDCOM SRL
Av. Wiston Churchill, BlueMall
Santo Domingo

Bechat.cloud

 

 

Disclaimers

YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL; THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE; OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “BECHAT CLOUD PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM(S)”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Limitation of Liability

THE BECHAT CLOUD PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DATA LOSS, DAMAGE OR COMPUTER CRASH, THE COSTS OF SUBSTITUTE EQUIPMENT AND SOFTWARE, SHUT-DOWN, COMPANY REPUTATION INFRINGEMENT, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, EVEN IF THE BECHAT CLOUD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS (US $100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE BECHAT CLOUD PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

In no event shall Bechat Cloud nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Terms of Sale

Sale Price. The sale price for our Services is displayed at the point of sale. Be advised, however, that our prices do not include additional taxes, fees, and surcharges charged by your bank/PayPal/other providers.

Subscription Plan. As a Bechat Cloud user, you agree to have your existing payment plan altered at any time during the subscription, including but not limited to upgrading or downgrading your payment plan, upgrading from a monthly to a yearly subscription, adding or removing an operator using the reference transactions, or purchasing add-ons through your Bechat Cloud panel.

Right of Refusal. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or any other reason. You expressly agree that Bechat Cloud cannot accept any liability for loss or damage arising out of such cancellation.

We reserve the right to downgrade your payment plan to a free subscription in case of non-payment on your part.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Payment Information. You are encouraged to familiarize yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977, the Unfair Terms in Consumer Contracts Regulations 1999, and the Uniform Commercial Code of 1952.

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including but not limited to your credit card number, the expiration date of your credit card, and your billing address.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment methods (s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that Bechat Cloud is not responsible for any loss or damage arising from the submission of false or inaccurate information.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. Such information will be further handled in accordance with our Privacy Policy.

Credit/debit card data and PayPal account data provided by a user are processed by professional companies that conduct non-cash transactions and only to the extent necessary to effect the payments. Bechat Cloud shall not store nor disclose any financial information provided by users to third-party entities.

Availability, Errors, and Inaccuracies. We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.

Refunds. Due to the electronic nature of the Services, Bechat Cloud is not obligated to provide a refund for any reason, including but not limited to partial months or years of services, upgrades or downgrades, or unused time during your subscription.

The forgoing being noted, we may, from time to time, and in exceptional circumstances, in our sole and exclusive discretion, issue a refund. In no event will a refund for more than three (3) months of service be issued. To request a refund, please contact Bechat Cloud at team@bechat.cloud and we will look into the matter within thirty (30) days.

If Bechat Cloud materially breaches these Terms and fails to cure this breach within thirty (30) days of receiving written notice from you of such breach, Bechat Cloud will refund the proportion of the pre-paid fees attributable to the period after the breach.

Customization. Bechat Cloud wants the Services to best meet your needs and expectations. Bechat Cloud wants you to be able to use the Services in the best version, plan, and price for you and wants to support your use of our Service in the most suitable model and form for you. To achieve this, Bechat Cloud will analyze and forecast aspects of your behaviur and preferences as our client, including in an automated manner, to create your individual profile and present dedicated offers and functionalities. Such offers and functionalities will be tailored to you on the basis of the data we process about you, prepared in particular on the basis of analysis of your Service usage. 

Bechat Cloud considers the preparation and delivery of customized functionalities and offers based on the above-mentioned analysis an integral part of the Services, and obtaining them is a basic feature of our Service. If you do not want to obtain such functionalities and offers as part of the Service, you should not use the Service. You may also prevent further processing of data concerning you for that purpose at any time by terminating the Service according to these Terms.

 

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. Except your avatar’s photo, you retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, intellectual property rights, trade secret, contract rights or any other rights of any person, (iii) the Content does not constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law, (iv) the Content does not disclose private information of any third party, including, without limitation, surname, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers, (v) the Content does not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, (vi) the Content will not contain viruses, corrupted data or other harmful, disruptive or destructive files, (vii) you will not post Content or links to content that, in the sole judgment of Bechat Cloud is objectionable, restricts, or inhibits any other person from using or enjoying the Services, or which may expose Bechat Cloud or its users to any harm or liability of any type, (viii) you will not post Content that create or promote Content of an unlawful nature, in particular of a pornographic nature, which is intended to harm others or which supports terrorism or criminal organisations, (ix) you will not post Content that propose to consumers the purchase of financial services which do not correspond to their needs, in particular, encourage them participation in pyramid schemes.

 

Links To Other Websites

We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission.

 

Third-Party Services

Our Service may contain links to other websites, apps, content, products, and services operated by unrelated companies and persons (“Third-Party Website(s)”). These links are provided for your information only. The inclusion on the Service of any link to a Third-Party Website does not mean that we accept any responsibility for that Third-Party Website, its content or use, or the use of any features, products and/or services made available through that Third-Party Website.

We have no control over Third-Party Websites or any information or materials contained on them, and have not investigated, monitored, or checked any Third-Party Websites for accuracy, completeness or conformance with applicable laws and regulations. We are not responsible for any damages or caused as a result of your use of, or reliance on, Third-Party Websites or any information or materials contained on them. You access and use Third-Party Websites at your own risk. You are obliged to review the Terms and Conditions and Privacy Policy of every site you visit.

 

Indemnification

You agree to defend, indemnify, and hold harmless Bechat Cloud and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms; or (c) Content posted on the Service.

 

Dispute Resolution; Choice of Law

Governing Law. If you are a Bechat Cloud user located in the United States or Canada, these Terms shall be governed and construed in accordance with the laws of California, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in San Francisco County, California, and any cause of action that relates to or arises from these Terms or the Services must be filed therein unless subject to the binding mediation and arbitration provisions set forth in the “Special Arbitration Provision for United States or Canada Users” section below applies to you. Please also read that section carefully and completely.

If you are not subject to the “Special Arbitration Provision for United States or Canada Users” section below, you agree that you will resolve any claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute,” and together, “Disputes”) exclusively under jurisdiction of Poland, without regard to its conflict of law provisions and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Availability and Termination of our Services

Availability of Our Services. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.

Reservations for Services Operation. As permitted by applicable law, Bechat Cloud reserves the right, without limitation, to: (i) investigate any suspected breaches of the Services’ security or Bechat Cloud’s information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and Conditions and any applicable terms, (iii) use any information obtained by Bechat Cloud in accordance with its Privacy Policy in connection with reviewing law enforcement databases or complying with applicable laws and use and/or disclose any information obtained by Bechat Cloud to comply with law enforcement requests or legal requirements in accordance with our Privacy Policy , (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and Conditions and any applicable additional terms, and (vi) discontinue the Services, in whole or in part, or, suspend or terminate your access to them, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Bechat Cloud under these Terms and Conditions or any applicable additional terms. Upon suspension or termination of your access to the Services, or upon notice from Bechat Cloud, all rights granted to you under these Terms and Conditions or any applicable additional terms will cease immediately, and you agree that you will immediately discontinue use of the Services. The provisions of these Terms and Conditions and any applicable additional terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Bechat Cloud in these Terms and Conditions, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

Termination by Us. We may modify, limit, suspend, or terminate your access to or use of our Services anytime for no reason in our sole and exclusive discretion, especially if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

We may also, at our sole and exclusive discretion, partially limit your use of the Services. In particular, this includes our right to disable your access to our technical support, especially when you abuse our support. 

Termination by You. You can cancel your recurring subscription at any time to stop further charges to your account. You will maintain access to all of the features in your payment plan until the expiration of your subscription.

Survival. The following provisions will survive any termination of your relationship with Bechat Cloud: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of our Services,” “Other,” and “Special Arbitration Provision for the United States or Canada Users.”

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will try to provide at least fifteen (15) days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. You will be notified about changes in Terms and encouraged to review new conditions.

EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN-APPLICABLE TERMS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING-FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS.  Any new Terms or additional terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you.  In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs.  You can reject any new, revised or additional terms by discontinuing the use of the Service.

Other

  • Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding Bechat Cloud and our Services and supersede any prior agreements.
  • We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.
  • Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
  • Interpretation of the provisions of Terms is at the sole and exclusive discretion of Bechat Cloud.
  • Our Terms are written in English (UK). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.
  • Any amendment to or waiver of our Terms requires our express consent.
  • All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
  • You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
  • Nothing in our Terms will prevent us from complying with the law.
  • Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
  • If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions, except as set forth in the “Special Arbitration Provision for United States or Canada Users” — “Severability” section below.
  • We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.
  • We always appreciate your feedback or other suggestions about Bechat Cloud and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

Special Arbitration Provision for United States and Canada Users

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL PROVISIONS APPLICABLE ONLY TO OUR UNITED STATES AND CANADA USERS. IF YOU ARE A BECHAT CLOUD USER LOCATED IN THE UNITED STATES OR CANADA, BECHAT CLOUD REQUIRES YOU TO SUBMIT TO BINDING INDIVIDUAL ARBITRATION OF ALL DISPUTES, EXCEPT FOR THOSE THAT INVOLVE INTELLECTUAL PROPERTY DISPUTES AND EXCEPT THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. THIS MEANS YOU ARE WAIVING YOUR RIGHT TO HAVE SUCH DISPUTES RESOLVED IN COURT BY A JUDGE OR JURY. THIS SECTION ALSO LIMITS THE TIME YOU HAVE TO START AN ARBITRATION OR, IF PERMISSIBLE, A COURT ACTION. FINALLY, THIS SECTION WAIVES YOUR RIGHT TO HAVE YOUR DISPUTE HEARD AND RESOLVED AS A CLASS ACTION, CLASS ARBITRATION, OR A REPRESENTATIVE ACTION.

“Excluded Dispute” means any Dispute relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents). For clarity and notwithstanding the foregoing, those Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.

Our Partners’ Terms and Liability

If you use our Services through a third-party service / app market, you are required to read and accept that third-party service provider’s terms of service and to act in accordance with them. Detailed rules regarding your cooperation with a Partner will be governed by the Partner’s terms.

Applicable only to Shopify Users. Bechat Cloud is solely responsible for the application; Shopify is not liable for any fault in the application or any harm that may result from its installation or use, except where expressly stated by Shopify. Shopify cannot provide assistance with the installation or use of the application; and Bechat Cloud is solely responsible for any liability which may arise from your access to or use of the application, including: (1) the development, use, marketing, or distribution of or access to the application, including support of the application; or (2) developer’s access, use, distribution or storage of merchant data.

Privacy Policy and Cookie Policy

Please refer to our Privacy Policy and Privacy Policy . You agree that they constitute part of these Terms. You must read our Privacy Policy  and Privacy Policy before you use the Service.

Complaints Procedure

Any complaints relating to the Services should be made by email at team@bechat.cloud

Necessary elements of a complaint are: (a) name of the complainant (yours); (b) the complainant’s e-mail address (this should be the e-mail address provided in the account registration); (c) business name registered office or address of the organization; and (d) a detailed description of the event justifying the complaint.

The time limit for processing a complaint is 30 (thirty) days from the date of receiving the complaint unless it is necessary to provide us with additional information to investigate the complaint. In this case, the period of 30 (thirty) days is counted from the date of providing such information.

The complaint procedure ends with Bechat Cloud sending a response to the complaint notification. The response is sent only to the e-mail address given in the complaint application.

Bechat Cloud Open API Supplementary Terms of Use 

  1. Purpose: The API (Application Programming Interface) is provided to enable access to Bechat Cloud’s platform and services for integration purposes.
  2. API Access: API access is granted solely for the purpose of integrating Bechat Cloud’s services with your software application(s). Any other use is strictly prohibited.
  3. API Usage Limits: Bechat Cloud reserves the right to set usage limits for the API at its discretion. You agree to comply with any usage limits set by Bechat Cloud.
  4. Confidentiality: You agree to keep confidential any API keys or other credentials provided by Bechat Cloud for accessing the API and to keep them secure and protected against unauthorized access, disclosure or use.
  5. Data Compliance: You represent and warrant that all data and information sent through the API to Bechat Cloud has been collected, processed, and transferred in accordance with all applicable laws, including data protection and privacy laws.
  6. Proprietary Rights: All proprietary rights, including intellectual property rights, in Bechat Cloud’s platform and services, including the API, are and will remain the sole and exclusive property of Bechat Cloud.
  7. Warranty Disclaimer: The API is provided on an “as is” basis, and Bechat Cloud makes no warranties, express or implied, regarding the API or your use of it.
  8. Limitation of Liability: In no event will Bechat Cloud be liable for any damages, including, but not limited to, direct, indirect, incidental, special, consequential, or punitive damages, arising from or in connection with your use of the API.
  9. Termination: Bechat Cloud may terminate your API access at any time, without notice, for any reason.

By using the API, you agree to these terms of use. Bechat Cloud reserves the right to modify these terms at any time.

Bechat Cloud AI Supplementary Terms and Fair Use Policy

  1. Introduction: These Bechat Cloud AI Supplementary Terms and Fair Use Policy (“Bechat Cloud AI Terms”) form part of the overall Terms and Conditions between you and Bechat Cloud, governing your access and use of Bechat Cloud’s AI features, including any AI Add-On Subscriptions.
  2. Definition of Bechat Cloud AI: Bechat Cloud AI refers to a subset of Bechat Cloud’s chatbot services that incorporate advanced algorithms and machine learning technologies. This includes, but is not limited to, natural language processing capabilities for understanding and responding to user input, predictive modeling for customer behavior, and intelligent routing for directing user inquiries. These technologies are designed to augment the chatbot services provided by Bechat Cloud, empowering users with automated, intelligent assistance for their customer interactions.
  3. Subscription Term and Plans: Subscription plans for Bechat Cloud AI and their features are outlined on our website and documentation. Unless otherwise stated at the time of purchase or in an Order Form, the Subscription Term for a Bechat Cloud AI Add-on shall be concurrent with your primary Subscription to the Bechat Cloud Service, including any renewal Subscription Term.
  4. Fair Use Policy: Bechat Cloud AI usage is subject to our Fair Use Policy to ensure that the activity of some users does not interfere with the ability of others to have a quality experience. In the event of excessive use that unfairly impacts Bechat Cloud’s ability to provide a high-quality service to all users, we reserve the right to moderate, limit, or throttle that customer’s usage of the AI Services.
  5. Responsibility for Customer Data: You bear full responsibility for your content, data or materials, including any input (“Input”) you or your client provide to Bechat Cloud AI for processing and the output (“Output”) generated by it. You will ensure that your or your client’s Input and use of Bechat Cloud AI and Output will not violate any applicable law, these Bechat Cloud AI Terms, the Agreement or our Content and Use Policy, or infringe on the rights of any third party.
  6. Input License: Any content, data, or materials you submit for the Bechat Cloud AI Service are recognized as your distinct property. You provide Bechat Cloud with a global, non-exclusive, royalty-free license to handle, replicate, process and utilize the submitted content exclusively for delivering the Service and fulfilling its obligations as described in these terms. You confirm that you hold the requisite rights to grant the aforementioned license to Bechat Cloud, and the submitted content does not infringe upon any third-party rights, including but not limited to intellectual property and privacy rights.
  7. Use Restrictions: Use of Bechat Cloud AI or Output is subject to restrictions. It is strictly prohibited to use the AI Services for unlawful purposes, including but not limited to the violation of any local, state, national, or international law or regulation. This includes the transmission of any data that is illegal, defamatory, harassing, fraudulent, or infringing on the rights of others. Furthermore, Bechat Cloud AI or Output must not be used to develop competing models or functionalities, mislead others into believing that the Output was solely human-generated, generate spam, disseminate content in electoral campaigns, or in a manner that violates any technical documentation, usage guidelines, or parameters. Violation of these use restrictions may lead to the suspension or termination of your access to the AI Services.
  8. Prohibited Activities: Explicit prohibitions have been set in place against the deployment of Bechat Cloud AI in particular sectors. These sectors include but are not limited to Healthcare and Medical, Weapons and Military, Adult Content, Political Campaigning, Gambling and Betting, Information and News, Finance and Investment Advice, and Legal Advice. Any usage of Bechat Cloud AI within these prohibited domains, whether for data input or output generation, is deemed as a violation of these terms. Misuse of the service, encompassing any exploitation of Bechat Cloud AI for purposes within these categories, regardless of intent or outcome, will be recognized as such. In cases where misuse is identified, Bechat Cloud reserves the right to implement measures as deemed appropriate, including immediate suspension or termination of the offender’s access to Bechat Cloud AI Services. Compliance with these restrictions is mandatory for all users and continued usage of Bechat Cloud AI signifies agreement with this prohibition.
  9. Warranty Disclaimer: BECHAT CLOUD DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BECHAT CLOUD AI OR THE ACCURACY OF THE OUTPUT. ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF BECHAT CLOUD AI FEATURE IS DONE AT YOUR SOLE RISK. BECHAT CLOUD AI CANNOT DYNAMICALLY RETRIEVE INFORMATION, AND OUTPUT MAY NOT ACCOUNT FOR EVENTS OR CHANGES TO UNDERLYING FACTS OCCURRING AFTER THE AI MODEL WAS TRAINED.
  10. Service Level Terms: Notwithstanding anything to the contrary in your Agreement or the Service Level Terms, downtime of Bechat Cloud AI that results from a failure of a third party service will not be included in the Availability and Downtime calculations.

By using the Bechat Cloud AI functionalities, you agree to these terms. Bechat Cloud reserves the right to modify these terms at any time.

Contact Us

If you have any questions about these Terms, please contact us at team@bechat.cloud