Terms of Use
Last Updated (Effective): Jan 8, 2024 These Terms of Use (“Terms”) govern your use of Beeble Inc. (“Beeble”, “We”, “Us”, or “Our”) services, API, Beeble mobile app and official website, (“Services” or “Beeble”), and its rights, obligations, and responsibilities between you and us, and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Beeble (collectively referred to as "Content") referencing these Terms. BY CLICKING TO ACCEPT THESE TERMS OR ACCESSING OR USING THE SERVICES, YOU ARE ACKNOWLEDGING AND AGREEING TO BE BOUND AND ABIDE BY THESE TERMS AND OUR PRIVACY POLICY, FOUND AT THIS LINK, SO PLEASE READ THEM CAREFULLY. IF YOU DO NOT WANT TO AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES. 1. Your Agreement With Beeble. 1. We control and operate this website from its headquarters sitting in the Republic of Korea. If you use this website from outside of the Republic of Korea, you are entirely responsible for compliance with applicable local laws. 2. By accessing or using the Services or Beeble, these Terms form a legally binding contract by and between Beeble and you. You represent and warrant that you are not prohibited or otherwise restricted from using the Services under the laws of any applicable jurisdiction and agree to comply with these Terms and all applicable laws and regulations. 3. You must be at least thirteen (13) years of age or older, or not a minor under the age of legal majority in the relevant jurisdiction. If you are under the age of thirteen (13) or are a minor in the relevant jurisdiction, you may only use our Services with the prior consent of your parent or legal guardian. Please ensure that your parent or legal guardian has reviewed and discussed these Terms with you prior to your use of Services. If you are a parent or legal guardian and you have consented to your child’s use of the Services, these Terms apply to you and you are responsible for your child’s activity relating to the Services. 4. The current version of the Terms is effective as of the “Last Updated” date above. We may, from time to time and at our sole discretion, update these Terms by providing modified versions of the Terms on the relevant page of the Beeble Services or Beeble app. You acknowledge that by doing so, we have provided you with sufficient notice of the amendment. Although we will notify you of any material changes to the Agreement via banner notice across the relevant page of the Beeble Services or Beeble app or other means possible and appropriate for the type of notice provided, you also have the responsibility to periodically access the Beeble Services or Beeble app to review the most up-to-date version of the Terms. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes 5. Our services are always changing and evolving and we may, without providing any prior notice, change or cease provision, or create limitations or restrictions to the use, of the Services or any portion thereof. We may also, without notice and at our sole discretion, permanently or temporarily terminate or suspend your use of Services or any portion thereof if, in our opinion, you have violated any provision of these Terms of Use. 2. Privacy & Protection of Personal Information 1. We respect your privacy and have established certain policies and procedures relating to the collection and use of your personal information in connection with your use of the Services. The Beeble Privacy Policy, which sets forth such policies and procedures and can be found at this link, is hereby incorporated into these Terms. By accepting these Terms, you agree to the collection, use, and sharing of your information through the Services (including the transfer of your information to the Republic of Korea, the United States and/or other countries for storage, processing, and use by Beeble) in accordance with the Beeble Privacy Policy as updated from time to time. 2. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Beeble account, which you may not be able to opt-out from receiving. 3. User Content 1. The Services consist of interactive features and areas that allow users to create, post, transmit, and/or store content, including but not limited to photos, videos, text, graphics, items, or other materials (collectively, "User Content"). You understand that you are responsible for all data charges you incur by using the Services. And you agree to abide by our Community Guidelines, which may be updated from time to time. 2. You agree and represent that your User Content does not violate or infringe any rights, including but not limited to rights of privacy, publicity, copyrights, trademarks, or any other intellectual property rights, of any third party and that you are solely responsible for your User Content and any claims arising therefrom, and that Beeble is not responsible or liable for any User Content or claims arising therefrom, and shall be indemnified against any losses or claims in accordance with Section 14 (Indemnification) of these Terms. While we are not obligated to do so, we reserve the right, and have absolute discretion and the right, to review, screen, and delete User Content at any time and for any reason and take appropriate legal action, including, without limitation, referral to law enforcement for any illegal or unauthorized use of the Services. 3. Solely for the purposes of operating or improving Beeble, you grant us a non-exclusive, worldwide, royalty-free sublicensable, license, to use, reproduce, publicly display, distribute, modify, create derivative works based on, publicly perform, and translate the Content. For example, we may sublicense our right to the Content to our service providers or to other users to allow Beeble to operate as intended, such as enabling you to share photos with others. 4. As between you and Beeble, you (as a Business User or a Personal User, as applicable) retain all rights and ownership of your Content (or where applicable, you must ensure that you or the Business (as applicable) have a valid license to the Content). Each user retains the right to use, reproduce, distribute, display, perform, modify their User Content, and create derivative works from it, even for commercial purposes. We do not claim any ownership rights to your Content. 5. You, as a user, shall resolve any legal claims from third parties, including but not limited to copyright or other intellectual property rights claims and damages claims in relation to User Content, at your own responsibility and expense, and shall hold Beeble harmless. Beeble bears no responsibility for the creation, use, reproduction, distribution, display, or utilization of User Content. 4. Feedback 1. You agree that any feedback, suggestions, ideas, or other information or materials regarding Beeble or the Services that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of Beeble. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them. 5. Sharing Your Content. 1. Beeble may provide features that allow you to Share your Content with other users or to make it public. “Share” means to email, post, transmit, stream, upload, publish, or otherwise make available (whether to us or other users) through your use of the Services and Software. Other users may use, copy, modify, or re-share your Content in many ways. Please carefully consider what you choose to Share or make public as you are responsible for the Content that you Share. 2. We do not monitor or control what others do with your Content. It is your responsibility to establish the boundaries and limitations on the use of your Content. You should communicate to other users how your Content can be shared. Additionally, it is your responsibility to provide a disclaimer regarding your own level of accessibility. 3. Any comments that you submit to Beeble are not anonymous and may be viewed by other users. In some Services, your comments may be deleted by you, by other users, or by us. 4. If you delete Content (excluding Feedback) from Beeble, we will stop making that Content publicly available within a reasonable amount of time. Some copies of your Content may be retained as part of our routine backups, and we are not responsible for any use of Content that you have Shared or made public. 5. You may, at your own discretion, choose to provide us with ideas, suggestions, proposals, or bug or crash reports for Beeble ("Feedback"). In such event, you agree that we are the owner of such Feedback, and we are free to use it for our business purposes, including by incorporation into Beeble without any payment or attribution or other obligation to you. 6. Beeble Intellectual Property 1. Unless otherwise stated and except for your User Content, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials, interactive elements, compilation, compute code, products, look and feel, features, software, names, logos, trademarks, and other elements of the Services (collectively, " Beeble Intellectual Property"), as well as their selection and arrangement, belongs to us and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws. Unauthorized use of Beeble Intellectual Property may violate such laws and these Terms. Except as expressly provided in these Terms, Beeble does not grant any express or implied rights to use Beeble Intellectual Property. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Beeble Intellectual Property. 2. We also reserve all rights not expressly granted in these Terms. 7. Prohibited Activities 1. In addition to the other restrictions outlined in these Terms, you agree that you will not: 1. Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms or the terms of any third party that govern a particular Service; 2. Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner; 3. Compromise the security of the Services; 4. Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials; 5. Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data; 6. Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Services; 7. Use any data mining or similar data gathering and extraction methods in connection with the Services and Software, including data scraping for machine learning or other purposes; 8. Use or attempt to use another user’s account without authorization; 9. Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access; 10. Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so; 11. Engage in any harassing, intimidating, predatory, or stalking conduct; 12. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; 13. Violate the publicity, privacy, or data-protection rights of others, including by taking pictures of another individual without receiving that individual’s consent; 14. Infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; 15. Buy, sell, rent, lease, sublicense, or otherwise offer in exchange for any compensation, access to your Beeble account, Beeble API messages, a Beeble username, or a friend link without Beeble’s prior written consent; 16. Develop any third-party applications that interact with User Content or the Services without our prior written consent; and 17. Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms. 18. You further agree to abide by any third-party terms that apply to the Services or when posting reviews of Beeble, including the iTunes App Store Terms of Service or the Android Market Terms of Service. Posting Beeble usernames in app store reviews is strictly prohibited and may result in us deleting your Beeble account. 8. Your License To Use the Services 1. Beeble gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Beeble as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Beeble, in the manner permitted by these Terms. 2. Account Information. You need to create an account with us in order to use our Services. It is your responsibility to keep your log-in credentials secure and you are responsible to Beeble for all activities that occur via your account. 9. Provision and Access of Paid Services (Including Subscription-Based Services) 1. Certain Services of Beeble require payment before they can be accessed (the “Paid Services”). In providing the Paid Services, Beeble will provide and display the information on the applicable page of the Paid Services that may be pertinent to you in using and accessing the Paid Services such as the descriptions of the Paid Services, payment terms, service fee, subscription or service period, renewal, cancellation, return, exchange, or refund policies, use or service restrictions, and any device and minimum technical requirements. Beeble reserves the right to modify, suspend, or discontinue certain part of the Paid Services at its own discretion, and any descriptions or relevant information about the Paid Services can be revised or modified by Beeble and posted on the applicable page of the Paid Services. 2. Beeble, at its sole discretion, may (i) provide a warning, (ii) temporarily suspend, or (iii) permanently suspend your Use of Paid Services or any other Services, if applicable, (“Use Restrictions”), if you violate any provision of these Terms of Use or interfere or is reasonably believed to interfere with the normal operation of the Paid Services or the Services. Furthermore, Beeble reserves the right to terminate its agreement with you in relation to the Paid Services or any other Services if Beeble reasonably believes that the the continuation of its relationship with you and provision of the Paid Services or the Services to you would be no longer possible despite these Use Restrictions. 3. The Paid Services may be paid by using coupons or vouchers that may be sold through third parties on behalf of Beeble, including Beeble’s affiliates, for access to the Paid Services. In such a case, you may be subject to the specific terms and policies of those third parties, including the method of using the services, cancellation of subscription, refund, etc. in addition to these Terms of Use. 10. Refund Policy 1. If you wish to request a refund, please contact our support team at info@beeble.ai. Our refund protocol is as follows: 1. Refunds for SwitchLight Web Subscription Payment: 1. Full refund of the recent subscription payment if there is no usage within 7 days after that payment. 2. After 7 days, if it hasn't been used even once, we consider the service contract period as a ‘30-day’ duration from the most recent purchase. Refunds are calculated based on the remaining contract period on the refund requested date. 3. If the service has been used even once, no refund is possible. 2. Refunds for SwitchLight API Subscription Payment: 1. Full refund of the most recent subscription payment if there is no usage within 7 days after that payment. 2. After 7 days, if it hasn't been used even once, we consider the service contract period as a ‘30-day’ duration from the most recent purchase. Refunds are calculated based on the remaining contract period on the refund requested date. 3. If the service has been used even once, no refund is possible. 3. Refunds for SwitchLight API Pay-as-you-go Payment: 1. Full refund if there is no usage within 7 days after the payment. 2. After 7 days, refunds will be given after deducting a 10% fee from the refund amount for any unused, unexpired Pay-as-you-go credits. 2. Conditions for Refunds: 1. If misuse or misrepresentation is determined, the refund request may be declined. 3. Changes to the Policy: 1. Beeble may update this Refund Policy at any time. Before any updated policy comes into effect, changes will be notified on https://switchlight.beeble.ai and to users’ email account. 11. Beeble Rights. 1. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Beeble and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Beeble name or any of the Beeble trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Beeble, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. 12. Our Disclaimer of Warranties. 1. You acknowledge and agree that by accessing or using the Services, you may be exposed to materials from others that you may consider offensive, indecent, or otherwise objectionable, and agree to accept that risk. Views expressed on our website or through our Services do not necessarily reflect our views. We do not support or endorse certain content posted by you or other users. Certain content from others may be incorrectly labeled, rated, or categorized. 2. Although we do what we can to provide security measures to protect your content, we are not liable for any damages resulting from the disclosure of your content. 3. Disclaimer of Warranties: USE OF THE SERVICES OR Beeble IS AT YOUR SOLE RISK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND Beeble MATERIALS ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FOR EXAMPLE, WE MAKE NO WARRANTY THAT (a) THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR THAT (c) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES, OR MATERIALS WILL BE CORRECTED. 4. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 5. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 13. Our Limitation of Liability. 1. Except where prohibited by law, in no event will Beeble or the Beeble Parties be liable, to the fullest extent provided by law, for any indirect, special, punitive, incidental, exemplary, or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if Beeble has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against Beeble for dissatisfaction with the Services or any content is to stop using the Services. You further acknowledge that we will not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. 2. In any case, if, notwithstanding these Terms, Beeble is found liable to you for any damage or loss that arises out of or is in any way connected with your use of the Services or any content, Beeble’s and its affiliates’ aggregate liability shall in no event exceed the total amount you actually paid, if any, for the Services in the six (6) month period immediately preceding the event giving rise to the claim. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you and you may have additional rights. 14. Governing Law & Dispute Resolution 1. You agree that this Terms of Use shall be construed and governed by the laws of the Republic of Korea. 2. Any litigation over a dispute arising between the Company and its Member(s) shall be subject to the exclusive jurisdiction of the district court sitting at the address of such Member at the time of institution of such litigation. If such Member's address or place of residence is not clear at the time of filing, proper jurisdiction shall be determined according to the Civil Procedure Act. 3. Notwithstanding the above, if a Member has an address or place of residence outside of the Republic of Korea, any litigation over a dispute arising between the Company and such Member shall be subject to the exclusive jurisdiction of the Seoul Central District Court. 4. If for any reason a court of competent jurisdiction finds any provision of this General Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this General Terms will remain in full force and effect. 15. Termination. 1. Your rights under this Agreement will automatically terminate if you fail to comply with any of these Terms of Use. In case of such termination, you must cease all use of the Service, and we reserve the right to immediately revoke your access to the Service. We may, at our sole discretion, suspend your access to the Service in part or in whole if you fail to comply with these Terms. Our failure to exercise or enforce these Terms will not constitute a waiver of such term or any of our rights or remedies 2. You can stop using our Services at any time. 3. We may add, modify, or remove features or functionalities, and we may suspend or stop a Service. We may also stop providing Services to you, or add or create new limits to our Services at any time. 4. In case there are any fees you paid for or in regards to our Services prior to termination, such fees are not refundable. In addition, termination of your account does not relieve you of any payment obligations. 5. If the Service is terminated or discontinued, then we will make reasonable effort to notify you and provide an opportunity to retrieve your content. If your group administrator terminates your access to a Service, then you may no longer be able to access content that you or other members of the group have posted to a shared workgroup or shared workspace. 16. Indemnification 1. You agree to indemnify, defend, and hold harmless us and our affiliates against any losses, liabilities, claims, causes of action, and expenses (including, but not limited to, reasonable attorney’s fees and costs of investigation, whether before or after assertion of a formal claim, and reasonable litigation expenses) arising out of or relating to your use of the Service, your violation of this Agreement, or your violation of any applicable law or regulation. 17. General Terms 1. Export Control. You acknowledge that the Service, and your use and handling of the Service, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the Service and Beeble Content. You agree to comply with all such laws, restrictions, and regulations. 2. Severability: If a court finds any section of the Terms or invalid or unenforceable, the rest of the Terms still apply. 3. No Waiver: If we don’t enforce (or we delay enforcement) of the Terms against you, we haven’t waived our enforcement rights. 4. Assignment or Transfer: You can’t assign or transfer your rights or obligations under this agreement to someone else without Beeble’s written permission. We can transfer our rights and obligations to you (if we are acquired by or merge with another company, sell one of the Services, or otherwise) without your permission. 5. Entire Agreement. These Terms are the entire and exclusive agreement between Beeble and you regarding the Services, and these Terms supersede and replace any prior agreements between Beeble and you regarding the Services.