EULA - BeeSpeedy

End User License Agreement (EULA)

Definitions
1. Except as expressly stated otherwise in this EULA;
2. “Charges” refer to the agreed-upon amounts that the User must pay to the Licensor under the terms of this EULA;
3. “Documentation” means the documentation of specifications for the Web-based Service produced by the Licensor and delivered or made available by the Licensor to the User in written or recorded format;
4. “Effective Date” means the date upon which the User gives the User’s express consent to this EULA, following the issue of this EULA by the Licensor;
5. “EULA” means this end-user license agreement, including any amendments to this end-user license agreement from time to time;
6. “Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including [failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious website attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars]);
7. “Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or registrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include [copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs]);
8. “Licensor” means Sasithon Prehofer B.Sc., a sole proprietorship with the Austrian business/trade licence “Multimedia-Agentur” (GISA), number 36693726, and resident in Austria, Adolfstorgasse 49/2, 1130 Vienna
9. “Licensor Indemnity Event” has the meaning given to it in Clause 12.1;
10. “Maintenance Services” involve providing the User with Updates and Upgrades for the Web-based Service and applying them to the Web-based Service;
11. “Minimum Term” means, in respect of this EULA, the period of 12 months beginning on the Effective Date;
12. “Services” means any services that the Licensor provides to the User, or has an obligation to provide to the User, under this EULA;
13. “Web-based Service” means the environment where applications can be utilized, encompassing both free and paid features.;
14. “Web-based Service Defect” means a defect, error, or bug in the Web-based Service having an adverse effect on the appearance, operation, functionality, or performance of the Web-based Service, but excluding any defect, error, or bug caused by or arising as a result of:
  1. any act or omission of the User or any person authorized by the User to use the Web-based Service;
  2. any use of the Web-based Service contrary to the Documentation by the User or any person authorized by the User to use the Web-based Service;
  3. a failure of the User to perform or observe any of its obligations in this EULA; and/or
  4. an incompatibility between the Web-based Service and any other system, browser, OS, network, application, program, hardware, or software not specified as compatible in the Web-based Service Specification;
15. “Web-based Service Specification” means the specification for the Web-based Service set out in the Documentation;
16. “Source Code” refers to the human-readable form of the Web-based Service’s code and markup, including any part of the code and markup used to create the Web-based Service or obtained by decompiling the Web-based Service. It does not include interpreted and obfuscated code and markup that is part of Web-based Service;
17. “Support Services” means support in relation to the use of the Web-based Service and the identification and resolution of errors in the Web-based Service, but shall not include the provision of training services whether in relation to the Web-based Service or otherwise;
18. “Term” means the term of this EULA, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2;
19. “Update” means a hotfix, patch, or minor version update to the Web-based Service;
20. “Upgrade” means a major version upgrade of the Web-based Service;
21. “User” means the person to whom the Licensor grants a right to use the Web-based Service under this EULA; and
22. “User Indemnity Event” has the meaning given to it in Clause 12.3.
Term
1. This EULA shall come into force upon the Effective Date.
2. This EULA shall continue in force indefinitely, subject to termination in accordance with Clause 14.
Licence
1. The Licensor hereby grants to the User from the date of supply of the Web-based Service to the User until [the end of the Term] a worldwide, non-exclusive license to:
  1. use one instance of the Web-based Service for each License;
  2. use one instance of the Web-based Service for each License, following the instructions provided in the Documentation.
2. The grant is subject to the limitations and prohibitions set out and referred to in Clause 3.
3. The User may not sub-license and must not purport to sub-license any rights granted under Clause 3.1 [without the prior written consent of the Licensor].
4. Save to the extent expressly permitted by this EULA or required by applicable law on a non-excludable basis, any license granted under Clause 3 shall be subject to the following prohibitions:
  1. The User must not sell, resell, rent, lease, loan, supply, publish, distribute, or redistribute the Web-based Service;
  2. the User must not alter, edit, or adapt the Web-based Service; and
  3. the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate, or reverse engineer, the Web-based Service.
5. The User shall be responsible for the security of copies, information, content, and data of the Web-based Service supplied to the User under this EULA and shall use all reasonable endeavors (including all reasonable security measures) to ensure that access to such copies is restricted to persons authorized to use them under this EULA.
Source Code
1. Nothing in this EULA shall give to the User or any other person any right to access or use the Source Code or constitute any license of the Source Code.
Maintenance Services
1. The Licensor shall provide the Maintenance Services to the User during the Term.
2. The Licensor shall provide the Maintenance Services in accordance with the standards of skill and care reasonably expected from a Sole Proprietorship provider in the Licensor’s industry.
3. The Licensor may suspend the provision of the Maintenance Services if any amount due to be paid by the User to the Licensor under this EULA is overdue.
4. The Licensor may terminate the Maintenance Services expiring on or at any time after the first anniversary of the Effective Date.
5. If the Licensor stops or makes a good faith decision to stop providing maintenance services in relation to the Web-based Service to its customers generally, then the Licensor may terminate the Maintenance Services by giving at least 30 days written notice of termination to the User.
6. If the Maintenance Services are terminated in accordance with the provisions of this Clause 5:
  1. the User must pay to the Licensor any outstanding Charges in respect of Maintenance Services provided to the User before the termination of the Maintenance Services;
  2. the Licensor must refund to the User any Charges paid by the User to the Licensor in respect of Maintenance Services that were to be provided to the User after the termination of the Maintenance Services; and
  3. the provisions of Clause 5, excluding Clause 5.8, shall cease to apply, but the other provisions of this EULA will continue notwithstanding such termination.
7. The User acknowledges and understands that scheduled maintenance hours may occur during which the service may be temporarily inaccessible.
8. The Licensor may conduct scheduled maintenance for a maximum of five hours per day, except in the case of addressing critical issues, where maintenance may extend for a period of up to three business days
Support Services
1. The Licensor shall provide the Support Services to the User during the Term.
2. The Licensor shall provide the Support Services in accordance with the standards of skill and care reasonably expected from a Sole Proprietorship provider in the Licensor’s industry.
3. The Licensor may suspend the provision of the Support Services if any amount due to be paid by the User to the Licensor under this EULA is overdue.
4. The User may terminate the Support Services by giving to the Licensor expiring on or at any time after the first anniversary of the Effective Date.
5. If the Support Services are terminated in accordance with the provisions of Clause 6:
  1. the User must pay to the Licensor any outstanding Charges in respect of Support Services provided to the User before the termination of the Support Services;
  2. the Licensor must refund to the User any Charges paid by the User to the Licensor in respect of Support Services that were to be provided to the User after the termination of the Support Services; and
  3. the provisions of this Clause 6, excluding Clause 6.5, shall cease to apply, but the other provisions of this EULA will continue notwithstanding such termination.
No Assignment Of Intellectual Property Rights
1. Nothing in this EULA shall operate to assign or transfer any Intellectual Property Rights from the Licensor to the User, or from the User to the Licensor.
Charges
1. The User shall pay the Charges to the Licensor in accordance with this EULA.
2. All amounts stated in or in relation to this EULA are, unless the context requires otherwise, stated [inclusive of any applicable value-added taxes] OR [exclusive of any applicable value-added taxes, which will be added to those amounts and payable by the User to the Licensor].
Payments
1. The Licensor shall issue invoices for the Charges to the User when generating or prolonging a license for a subscription-based purchase.
2. The User must pay the Charges to the Licensor in advance following the receipt of an invoice issued in accordance with this Clause 9.
3. The User must pay the Charges by debit card, credit card, direct debit, bank transfer, or cheque (using such payment details as are notified by the e-commerce partner of the Licensor to the User).
4. If the User does not pay any amount properly due to the Licensor under this EULA, the Licensor may stop delivery of the service.
Warranties
1. The Licensor warrants to the User that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.
2. The Licensor warrants to the User that:
  1. the Web-based Service as provided will conform in all respects with the Web-based Service Specification;
  2. the Web-based Service will be supplied free from Web-based Service Defects;
  3. the Web-based Service will be supplied free from viruses, worms, Trojan horses, ransomware, spyware, adware, and other malicious programs; and
  4. the Web-based Service shall incorporate security features reflecting the requirements of good industry practice.
3. The Licensor warrants to the User that the Web-based Service, when used by the User in accordance with this EULA, will not breach any laws, statutes, or regulations applicable under Austrian law.
4. The Licensor warrants to the User that the Web-based Service, when used by the User in accordance with this EULA, will not infringe the Intellectual Property Rights of any person.
5. If the Licensor reasonably determines, or any third party alleges, that the use of the Web-based Service by the User in accordance with this EULA infringes any person’s Intellectual Property Rights, the Licensor may act reasonably at its own cost and expense:
  1. modify the Web-based Service in such a way that it no longer infringes the relevant Intellectual Property Rights, or
  2. procure for the User the right to use the Web-based Service in accordance with this EULA.
6. The User warrants to the Licensor that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.
7. All of the parties’ warranties and representations in respect of the subject matter of this EULA are expressly set out in this EULA. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this EULA will be implied in this EULA or any related contract.
Acknowledgements And Warranty Limitations
1. The User acknowledges that any complex Web-based Service is never wholly free from defects, errors, and bugs; and subject to the other provisions of this EULA, the Licensor gives no warranty or representation that the Web-based Service will be wholly free from defects, errors, and bugs.
2. The User acknowledges that any complex Web-based Service is never entirely free from security vulnerabilities; and subject to the other provisions of this EULA, the Licensor gives no warranty or representation that the Web-based Service will be entirely secure.
3. The User acknowledges that the Web-based Service is only designed to be compatible with browsers and devices specified as compatible in the Web-based Service Specification; and
4. Under no circumstances is the Licensor accountable and responsible for direct and indirect damages which arise due to or in connection with the User’s use of the website and its services.
5. The Licensor does not warrant or represent that the Web-based Service will be compatible with every browser and device.
6. The Licensor can not guarantee and do not warrant that the website and its services will be of the preferred speed, fully functional, uncorrupted, unimpeachable, free from use failure, and error-free.
7. The Licensor is not accountable nor responsible for code, content, or any other inaccuracies and failure of the website and its services.
8. The Licensor reserve the right to make modify, delete, edit, and add content at any time without being bound to give the User or anyone prior declaration and notice.
9. The Licensor displays the website, its services, and Material as-is and as-available, and make no representations or warranties of any kind concerning the website, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable.
10. The Licensor may use third-party supplied content, however, the Licensor make no warranty of the accuracy and reliability of representation.
11. The Licensor disclaim all warranties and any representations of warranty. A warranty can only be given by the Licensor and authorized representatives of the Licensor through written information with a signature from affected parties.
12. Information is subject to change including availability and price.
Indemnities
1. The Licensor shall indemnify and shall keep indemnified the User against any and all liabilities, damages, losses, costs, and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the User and arising directly or indirectly as a result of any breach by the Licensor of this EULA (a “Licensor Indemnity Event“).
2. The User must:
  1. upon becoming aware of an actual or potential Licensor Indemnity Event, notify the Licensor;
  2. provide to the Licensor all such assistance as may be reasonably requested by the Licensor in relation to the Licensor Indemnity Event;
  3. allow the Licensor the exclusive conduct of all disputes, proceedings, negotiations, and settlements with third parties relating to the Licensor Indemnity Event; and
  4. not admit liability to any third party in connection with the Licensor Indemnity Event or settle any disputes or proceedings involving a third party and relating to the Licensor Indemnity Event without the prior written consent of the Licensor, [without prejudice to the Licensor’s obligations under Clause 12.1] OR [and the Licensor’s obligation to indemnify the User under Clause 12.1 shall not apply unless the User complies with the requirements of this Clause 12.2.
3. The User shall indemnify and shall keep indemnified the Licensor against any and all liabilities, damages, losses, costs, and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the Licensor and arising directly or indirectly as a result of any breach by the User of [this EULA] OR [[specify provisions]] (a “User Indemnity Event“).
4. The Licensor must:
  1. upon becoming aware of an actual or potential User Indemnity Event, notify the User;
  2. provide to the User all such assistance as may be reasonably requested by the User in relation to the User Indemnity Event;
  3. allow the User the exclusive conduct of all disputes, proceedings, negotiations, and settlements with third parties relating to the User Indemnity Event; and
  4. not admit liability to any third party in connection with the User Indemnity Event or settle any disputes or proceedings involving a third party and relating to the User Indemnity Event without the prior written consent of the User, without prejudice to the User’s obligations under Clause 12.3.
5. The indemnity protection set out in this Clause 12 shall be subject to the limitations and exclusions of liability set out in this EULA.
Limitations And Exclusions Of Liability
1. Nothing in this EULA will:
  1. limit or exclude any liability for death or personal injury resulting from negligence;
  2. limit or exclude any liability for fraud or fraudulent misrepresentation;
  3. limit any liabilities in any way that is not permitted under applicable law; or
  4. exclude any liabilities that may not be excluded under applicable law, and if a party is a consumer, that party’s statutory rights will not be excluded or limited by this EULA, except to the extent permitted by law.
2. The limitations and exclusions of liability set out in Clause 13 and elsewhere in this EULA:
  1. are subject to Clauses 13.1 and 16.6; and
  2. govern all liabilities arising under this EULA or relating to the subject matter of this EULA, including liabilities arising in contract, in tort (including negligence), and for breach of statutory duty, except to the extent expressly provided otherwise in this EULA.
3. The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
4. The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
5. The Licensor will not be liable to the User in respect of any loss of revenue or income.
6. The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
7. The Licensor will not be liable to the User in respect of any loss or corruption of any data, database, or web-based services.
8. The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
9. The liability of the Licensor to the User under this EULA in respect of any event or series of related events shall not exceed the greater of:
  1. € 50,–; and
  2. the total amount paid and payable by the User to the Licensor under this EULA in the 12-month period preceding the commencement of the event or events.
10. The aggregate liability of the Licensor to the User under this EULA shall not exceed the greater of:
  1. € 200,–; and
  2. the total amount paid and payable by the User to the Licensor under this EULA.
Termination
1. The Licensor may terminate this EULA by giving to the User not less than 30 days written notice of termination, expiring at the end of any calendar month.
2. Either party may terminate this EULA immediately by giving written notice of termination to the other party if:
  1. the other party commits any breach of this EULA;
  2. the other party persistently breaches this EULA (irrespective of whether such breaches collectively constitute a material breach)]
3. Either party may terminate this EULA immediately by giving written notice of termination to the other party if:
  1. the other party:
    1. is dissolved;
    2. ceases to conduct all (or substantially all) of its business;
    3. is or becomes unable to pay its debts as they fall due;
    4. is or becomes insolvent or is declared insolvent; or
    5. convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
  2. an administrator, administrative receiver, liquidator, receiver, trustee, manager, or similar is appointed over any of the assets of the other party;
  3. an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganization where the resulting entity will assume all the obligations of the other party under this EULA); or
  4. if that other party is an individual:
    1. that other party dies;
    2. as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or
    3. that other party is the subject of a bankruptcy petition or order.
4. The Licensor may terminate this EULA immediately by giving written notice to the User if:
  1. any amount due to be paid by the User to the Licensor under this EULA is unpaid by the due date; and
  2. the User is found to engage in illegal or prohibited actions as specified under this EULA.
Effects Of Termination
1. Upon the termination of this EULA, all of the provisions of this EULA shall cease to have effect, save that the following provisions of this EULA shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 3.1, 9.2, 9.4, 12, 13, 15, 16, 17, 18 and 19.
2. Except to the extent that this EULA expressly provides otherwise, the termination of this EULA shall not affect the accrued rights of either party.
3. Within following the termination of this EULA for any reason:
  1. the User must pay the Licensor any Charges in respect of Services provided to the User before the termination of this EULA and in respect of licenses in effect before the termination of this EULA and
  2. the Licensor must refund to the User any Charges paid by the User to the Licensor in respect of Services that were to be (but are not) provided to the User after the termination of this EULA and in respect of licenses that were to be (but are not) in effect after the termination of this EULA, without prejudice to the parties’ other legal rights.
4. For the avoidance of doubt, the licenses of the Web-based Service in this EULA shall terminate upon the termination of this EULA; and, accordingly, the User must immediately cease to use the Web-based Service upon the termination of this EULA.
5. Within 10 Business Days following the termination of this EULA, the User must:
  1. return to the Licensor or dispose of as the Licensor may instruct all media in its possession or control containing the Web-based Service; and
  2. irrevocably delete from all computer systems in its possession or control all copies of the Web-based Service.
General
1. No breach of any provision of this EULA shall be waived except with the express written consent of the party not in breach.
2. The Parties hereby agree that all ideas, know-how, processes, procedures, templates, models, exemplars, prototypes, designs, as well as computer programs and systems, their data, and their documentation, as well as inventions and any copyrightable materials and intellectual property written, created, designed, programmed, produced, delivered, conceived or put into practice by Us and/or the Clients, shall be the sole and exclusive property and responsibility of the Party who provided the stated instances.
3. If any provision of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this EULA will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
4. This EULA may not be varied except by a written document signed by or on behalf of each of the parties.
5. Neither party may without the prior written consent of the other party assign, transfer, charge, license or otherwise deal in or dispose of any contractual rights or obligations under this EULA.
6. This EULA is made for the benefit of the parties and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree to any amendment, waiver, variation, or settlement under or relating to this EULA are not subject to the consent of any third party.
7. Nothing in this EULA shall exclude or limit any liability of a party for fraud or fraudulent misrepresentation, or any other liability of a party that may not be excluded or limited under applicable law.
8. Subject to Clauses 13.1 and 16.6, this EULA shall constitute the entire agreement between the parties in relation to the subject matter of this EULA, and shall supersede all previous agreements, arrangements, and understandings between the parties in respect of that subject matter.
9. This EULA shall be governed by and constructed in accordance with Austrian law.
10. The courts of Austria shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.
Refund Policy
1. If, for any reason, the User is not entirely satisfied with their purchase of “1 Year Pro“, paid via Stripe, they have the right to request a refund without providing a reason within 60 days from the date of purchase.
2. To initiate a refund request, the User may send an email to office@prehofer.com and clearly state their intent to request a refund.
3. To qualify for a refund, the User must comply with the following conditions
  1. The User submitted the refund request within 60 days from the date of purchase.
  2. The User purchased the product or service directly from the official BeeSpeedy Stripe checkout
  3. The User’s payment method must remain valid for the refund transaction.
  4. The User has not previously requested a refund within the current calendar year.
4. As stipulated by EU regulations, the User has the right to cancel their order and withdraw from the purchase from the Licensor’s official website, within 14 days from the date of purchase, without providing any reason, irrespective of previous refund conditions.
5. After the User submits a refund request that meets the specified conditions, the Licensor will process the refund using the same payment method that was initially utilized for the purchase
6. The Licensor retains the right to enforce a permanent ban on individuals who repeatedly make purchase and refund requests within the same calendar year, thereby restricting their access to the website and the ability to purchase its Web-based Services.
7. The Licensor retains the right to reject refund requests for products or services acquired from third-party vendors or resellers.
Interpretation
1. In this EULA, a reference to a statute or statutory provision includes a reference to:
  1. that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and
  2. any subordinate legislation made under that statute or statutory provision.
2. The Clause headings do not affect the interpretation of this EULA.
3. References in this EULA to “calendar months” are to the 12 named periods (January, February, and so on) into which a year is divided.
4. In this EULA, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters, or things.
Statutory And Regulatory Disclosures
1. This website and its terms are owned and operated by Sasithon Prehofer B.Sc., a sole proprietorship with the Austrian business/trade licence “Multimedia-Agentur” (GISA), number 36693726, and resident in Austria, Adolfstorgasse 49/2, 1130 Vienna
Authority
1. This Agreement and all individual Agreements shall be governed by and construed in accordance with the laws of the Republic of Austria and the European Union. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
2. Any disputes arising out of this Agreement or in connection with its performance shall be exclusively settled by a competent court in Austria.
Our Details
1. This website is owned and operated by Sasithon Prehofer, BSc
2. Contact us by
  1. using our website contact form
  2. by email, using office@prehofer.com
3. Our Representatives:
  1. Sasithon Prehofer – office@prehofer.com
  2. Mathias Prehofer – mathias@prehofer.com (Husband of Mrs. Prehofer)
4. Our Data Protection Officer
  1. Sasithon Prehofer – office@prehofer.com
5. E-mail domains we use
  1. *@prehofer.com
  2. *@beespeedy.com
  3. *@splendit.at / *@jsparrow.io
6. Alternative E-mail addresses we use
  1. sasithon.prehofer@gmail.com
7. We will never send you e-mails from other domains or addresses not mentioned above.