1. Access and Membership
· In order to use the services provided by Befective, you need to create an account (providing some personal information) and become a member.
· Befective only provides the Service.
· You are responsible for providing any and all resources that you require in order to access and use the Service
· To use the Befective service you must have including without limitation, Internet access and provide a current, valid, accepted method of payment, which you may update from time to time.
· You certify that you have full authority to accept this terms and in the case of registering on behalf of a company or other entity, you have been conferred full authority to bind such company or entity.
· In the case that you provide any information that is inaccurate, untrue, incomplete, or if Befective has reasonable suspicions of such, Befective has right to suspend or terminate your access and account.
· You certify that you are legally permitted to use Befective, and take full responsibility of the Service.
· You must keep your account password secure.
· You are solely responsible for any and all activity that occurs on your account.
· You shall never access nor use another's Befective account without permission from such User.
· In case of a security breach or unauthorized use of your account, you must notify Befective immediately.
· Befective will not be liable for any losses or damage caused by any unauthorized use of your account.
· You may be liable for the losses of Befective or others due to such unauthorized use.
· This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
· Befective may change, suspend or discontinue the Services, fees, charges, etc. at any time, including the availability of any feature.
· Befective may impose limits on certain features and Services or restrict User's access to parts or all of the Services without notice or liability.
· Your Befective membership will continue period-to-period until terminated.
2. Free Trial
· Your Befective membership may start with a free trial.
· The free trial period of your membership lasts for 20 days, or as otherwise specified during sign-up and.
· Free trials are intended to allow new members and certain former members to try the service.
· Free trial eligibility is determined by Befective at its sole discretion.
· Befective may limit eligibility to prevent free trial abuse.
· Befective reserves the right to revoke any free trial and put an account on hold if determined that you are not eligible.
· Members of companies with an existing or recent Befective membership might not be eligible.
· Befective employs information such as company name, payment method or an account email address used with an existing or recent membership to determine eligibility.
· Combinations with other offers, restrictions may apply.
· By using a credit card for the payment of the fees, you represent and warrant that you are the authorized card holder and absolve any liability for any charges arising from the use of the Service.
· Befective service is offered on a subscription basis. You are responsible for paying the applicable prices for it and the service may be payable in advance.
· The membership fee for the Befective service and any other charges you may incur with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method.
· You can change your Payment Method by accessing your account information inside the web platform..
· If a payment is not successfully settled, and you do not update your Payment Method or cancel your account, Befective may suspend the service until a valid Payment Method has been obtained.
· When you update your Payment Method, you authorize Befective to continue charging the updated Payment Method and you remain responsible for any uncollected amounts. This may result in a change to your payment dates.
· For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
· All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities.
· For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to duties imposed by taxing authorities or the processing of your Payment Method.
· You can cancel your Befective membership at any time, and you will continue to have access to the Befective service through the end of your billing period.
· To the extent permitted by the applicable law, payments are non-refundable and Befective does not provide any refunds or credits.
· If you cancel your membership, your account will automatically close at the end of your current billing period.
· Befective reserves the right to amend its schedule of fees and/or change its billing methods.
· Befective may change its service plans and the price of such services from time to time; however, any price changes or changes to our service plans will apply to you no earlier than 30 days following notice to you.
· Unless you cancel your membership before your monthly billing period, you authorize us to charge your next period’s membership fee to your payment method.
· Befective may refuse to process a transaction for any reason or refuse the Service to anyone at any time at its sole discretion.
· Befective will not be liable for refusing or suspending any transaction.
· Unless otherwise stated, all fees and payments are quoted in U.S. Dollars and the User is responsible for paying all fees, payments and applicable taxes associated with Befective services.
4. Use of the Service
· You must not violate any laws in your jurisdiction.
· You acknowledge and agree to use the Service for lawful purposes and at your own risk.
· Violation of any of the terms will result in the termination of your Account.
· You will not duplicate, copy, reproduce, transform, damage, distribute, broadcast, sell, resell, or exploit for any commercial purposes, any portion of the Service.
· You acknowledge that neither you, nor anybody in your organization or external will perform any kind of action that may result in modifications, adjustments, damage or changes in the SaaS platform.
· The service is not intended to generate, nor use information or data considered illegal, offensive, slanderous, insulting, defamatory, racist, xenophobic, obscene, threatening or discriminatory.
· You or the people you authorized to use the platform will not incite, induce nor promote criminal, humiliating, defamatory, inflammatory, or violent actions, that in general, oppose the law, public morality, common propriety, generally accepted uses or public order.
· Under no circumstances will Befective be liable in any way for any content or any damage incurred as a result of you accessing any content posted or otherwise transmitted via the service.
5. Warranties and Limitations on Liability
· Befective service is provided 'as is' and and “as available” basis without warranty or condition, whether express or implied.
· In particular, Befective service may not be uninterrupted or error-free.
· Befective shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages; including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from the use or the inability to use the Service.
· You acknowledge and agree that it is technically impossible to provide the service free of faults and that we do not undertake to do so.
· You acknowledge and agree that faults may lead to temporary unavailability of the Service.
· You acknowledge and agree that the Service may be affected by conditions and performances outside our control.
· You acknowledge and agree that a portion of the service may be supplied to Befective by third parties and we offer no warranty of whatever nature in relation to such information.
· You acknowledge and agree that Befective does not warrant that the service will meet your specific requirements.
· You acknowledge and agree that Befective does not warrant that the quality of the Services, information, or any other material purchased or obtained by you through the service will meet your expectations.
· Any claim arising out of or related to use of the service shall be informed to Befective within 60 days after the claim or cause of action accrues, else it will be considered that you have no claims.
· You waive all special, indirect and consequential damages against us.
· These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the laws of your country of residence.
· Befective reserves the right, at its discretion, to modify or discontinue, temporarily or permanently, this Agreement, the service, fees, charges, terms, etc. at any time with or without prior notice.
· You are responsible for reviewing and becoming familiar with any such modifications.
· Use of the Service by you following such modification constitutes your acceptance of changes as modified.
· If you do not agree to any change in the terms and conditions, then you must immediately stop using the Service.
7. Intellectual Property
· The availability to the customer of the service does not imply, in any case, the cession of any intellectual, industrial or any other property rights.
· None of the intellectual, industrial or any other property should be object of further modifications, copies, changes, reproduction, adaptation or translation.
· All software, visual and textual content, along with texts, scripts, graphics, interactive features and trademarks, service marks and logos are owned by or licensed to Befective.
· You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the service shall remain vested in us or our licensors.
· In case that you use any of our trade marks in reference to our Services, you must include a statement attributing that trade mark to us.
· You must not use any of our trade marks in or as the whole or part of your own trade marks or in connection with activities or services which are not Befective’s which may be confusing, misleading or deceptive.
· Any use of the Befective service or associated materials, without the authorization of Befective is absolutely forbidden.
8. Law and Jurisdiction
· In the case of any dispute, Befective strongly recommends you to contact us directly to seek a resolution.
· Any controversy resulting from the interpretation or execution of these document (or any of its eventual modifications) shall be governed by the laws of Mexico. The state and/or federal courts residing in Mexico City shall have exclusive jurisdiction over any dispute or claim arising out of this agreement and/or the service.
· You agree that in spite of the laws and statutes maintaining other, all the claims and disputable questions concerned with this agreement and/or the service should be registered during ninety (90) days, otherwise they will not be taken into consideration.