Here are the terms of use corresponding to the software subscription
Technologies Nectar Inc. (“Nectar” or “we”) provides a subscription service that allows our members (“Client” or “you”) to access a beekeeping management solution over the Internet through a website portal and a mobile application.
These Terms of Use govern your use of (and access to) the personalized service provided by Nectar for beekeeping management and tracking bee hives, including the use of tags linked to beehives (“BeeTags”), through our website and mobile software applications that incorporate or link to these Terms of Use (the “BeeTrack Platform”).
By checking the “I agree” box on the order form you (a) agree to these Terms of Use; and (b) represent and warrant that: (i) you are of legal age to enter into a binding agreement; and (ii) if Client is a corporation, governmental organization, or other legal entity, you have the right, power, and authority to enter into this agreement on behalf of Client. If you do not agree to the Terms of Use, Nectar will not and does not license the BeeTrack Platform to Client and you must not use or access the BeeTrack Platform.
A. Use Of The Beetrack Platform
Membership Options
Your BeeTrack membership will continue for the subscription period you’ve selected until terminated in accordance with these Terms of Use. To access and use the BeeTrack Platform you must have Internet access and a BeeTrack-ready device, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time.
Third-Party Applications and Devices
The BeeTrack Platform may be integrated with, or may otherwise interact with, third-party applications, websites and services (“Third-Party Applications”) and third-party personal computers, mobile handsets, tablets, wearable devices and other devices (“Devices”). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions and policies provided to you by the applicable third party. Nectar does not guarantee that Third-Party Applications and Devices will be compatible or continue to be compatible with the BeeTrack Platform.
Service Limitations and Modifications
We use reasonable care and skill to keep the BeeTrack Platform operational and to provide you with a personalized tracking solution. However, our service offerings and their availability may change from time to time and, subject to applicable laws, without liability to you:
Nectar has no liability to you, nor any obligation to provide a refund to you, in connection with the internet or other service outages or failures that are caused by the actions of government authorities, other third parties or events beyond our control.
Creating an Account
You may need to create a BeeTrack account to use all or part of the BeeTrack Platform. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify our Customer Success team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.
Access to the BeeTrack Platform
Subject to your compliance with these Terms of Use (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make use of the BeeTrack Platform (collectively, “Access”). This Access shall remain in effect unless and until terminated by you or Nectar in accordance with these Terms of Use. The BeeTrack Platform software applications are licensed, not sold or transferred to you, and Nectar retains ownership of all copies of the BeeTrack Platform software applications even after installation on your Devices.
B. Terms Of Payment
Billing Cycle
The membership fee for the BeeTrack Platform and any other charges you may incur in connection with your use of the BeeTrack Platform, such as taxes and possible transaction fees, will be charged to your Payment Method first within the first 15 (fifteen) days of the first month following the activation of your BeeTags and within the first 15 (fifteen) days of each following month, or such other date as may be agreed between you and Nectar. Each activated BeeTag will be charged a minimum fee of one month of service for the BeeTrack Platform. Nectar will not refund any pro-rated portion of the membership fees for the BeeTrack Platform based on the number of days between the date your BeeTags are activated and the first day of such month.
If the user purchases access to a set number of hives for an annual period (annual billing cycle) at a specified discounted rate, the sum of hives that are paid before the billing before commences will be excluded from the monthly billing invoice.
Payment Methods
To use the BeeTrack Platform you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the BeeTrack Platform until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details. You can update your Payment Methods by contacting your Customer Support Representative. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
C. TERMINATION
In addition to any other termination rights set forth in these Terms of Use, we may terminate your BeeTrack subscription at any time upon 30 days prior written notice.
Renewal
We will send you a written notice no later than [90] days prior to the expiration of your then-current subscription period, which will include any updated pricing terms for your subscription renewal. Unless you expressly opt out by notifying us of your intent not to renew your subscription within 30 days of receipt of our notice, your BeeTrack membership will automatically renew at the end of the applicable subscription period at the same terms and conditions except for the updated pricing terms included in our notice.
D. Duties And Obligations Of Client
Data
You agree that we may collect data from the covered hives operated by you, and agree to allow us to store, transfer (including to third parties) and process the collected data in anonymized form for the purposes of improving our services to you.
Cooperation
You agree to fully cooperate with Nectar so that we may perform our obligations hereunder in an effective and timely manner and to help us improve the BeeTrack Platform, including by providing us with useful and necessary information so that we can improve the BeeTrack Platform. If you provide ideas, suggestions, or other feedback in connection with your use of the BeeTrack Platform (“Feedback”), such Feedback is not confidential and may be used by Nectar without restriction and without payment to you.
Operation of the BeeTags and BeeTrack Platform
You agree to accurately report the number of active hives and BeeTags and to operate the BeeTags and the BeeTrack Platform in accordance with the directions set forth in our instructions and videos and all applicable laws. You shall not input any false or misleading information on the BeeTrack Platform. We may immediately terminate or restrict your use of the BeeTrack Platform if you violate these Terms of Use or are engaged in illegal or fraudulent use of the BeeTrack Platform.
Intellectual Property
All intellectual property rights in and to the BeeTrack Platform and the BeeTags will remain at all times the exclusive property of Nectar. You also acknowledge and agree that all the data generated in connection with your use of the BeeTrack Platform belongs to us, and you agree to assign all of your rights in such data to Nectar.
All derivative works, modifications, updates and improvements to the BeeTrack Platform, BeeTags and/or Nectar’s intellectual property rights made by you during the term of your membership, including through your Feedback (“ Improvements “) shall be the exclusive property of Nectar, and you agree to assign all of your rights, title and interest in and to the Improvements to Nectar and hereby waive any moral rights you may have in such Improvements.
You agree not to copy, modify, reproduce, transform, decompile, dismantle, proceed to reverse-engineering, distribute, rent, lend or otherwise provide or authorize access to the BeeTrack Platform.
E. Customer Support and Product Training
Nectar will provide ongoing assistance when and as required for the use and implementation of the BeeTags and BeeTrack Platform. You can contact your Customer Support Representative by phone at support@nectar.buzz or by phone from Monday to Thursday between 9 am and 6 pm EST and Fridays between 9 am and 12 pm EST (except statutory holidays in Canada and the United States). The support phone number will be provided by your Customer Support Representative.
The online Help Center is available 24x7 for self-service technical assistance including Accessing product documentation, and technical articles. The online Help Center is available both in the mobile and desktop versions of the Beetrack Platform.
Nectar may provide onboarding training to the Client or your employees (managers, foremen, and apiary workers) on the use of the BeeTrack Platform, including the BeeTags, the web platform and the mobile application. Depending on your needs, the training may be offered for an additional fee. The training may happen in person, remotely or through self-guided video tutorials.
F. GENERAL
Currency
You will be billed in the currency indicated on your invoice. Your membership fees shall be subject to applicable goods and services tax (GST), applicable sales taxes as well as any other applicable tax that may be levied by a public authority on those amounts.
Warranties and Disclaimers
The BeeTrack Platform is provided “as is” and without warranty or condition. In particular, our service may not be uninterrupted or error-free. We do not make any other representation, warranty, or guarantee as to the suitability, quality, reliability, timeliness, truth, availability, accuracy or completeness of the BeeTrack Platform. You assume the entire risk as to the use, results, and performance of the BeeTrack Platform.
Nectar shall not liable for indirect, incidental, consequential damages, including lost data incurred by Client in connection with your use of the BeeTrack Platform. You assume the responsibility for the inferences or business decisions made from the analysis of the data through the BeeTrack Platform. Nectar shall not liable for any loss of profits, revenues, loss of business or any other similar loss arising from these inferences or business decisions.
Applicable Law and Dispute Resolution
These Terms of Use will be interpreted in accordance with and governed by the laws applicable in the Province of Québec, Canada. If any dispute arises as to the interpretation, compliance with or breach of these Terms of Use or its termination, the parties shall first meet and negotiate in good faith to resolve such dispute. If we are unable to resolve such dispute through negotiation, all disputes relating to these Terms of Use shall be submitted to the exclusive jurisdiction of the courts of the judicial district of Montreal.