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Beamex LOGiCAL - Terms of Service

These terms of service contain the terms and conditions that apply to use of mobile applications or cloud-based software, services and content (collectively, the “service”) provided by Beamex Oy Ab or any of its subsidiaries (collectively “Beamex”, “us” or “we”), such as the Beamex LOGiCAL.

The service is offered to you subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules and policies provided by Beamex (including, without limitation, Beamex’s Privacy Policy, available at beamex.com/privacypolicy), as well as any future modifications thereof, that may be published from time to time by Beamex (collectively, the “Terms”).

By registering for or using the service you conclude an agreement with Beamex to which these Terms are applied to. The agreement is in force and valid as specified in these Terms, unless otherwise defined in a separate sales agreement concluded between you and Beamex. You agree to use the service in compliance with the Terms throughout the term of the agreement and as long as you use the service. If you are entering into an agreement on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind that entity. To conclude an agreement with Beamex, a person, whether being itself a party of the agreement or concluding an agreement on behalf of a legal entity, must have the legal capacity to do so and be at least 18 years of age. Beamex may, in its sole discretion, elect to suspend or terminate access to, or use of the service to anyone who violates these Terms. If you register for a free trial or a free version of the service (if such is available), the applicable provisions of these Terms will govern that free trial or version.

You may not, without Beamex’s prior written consent, access the service (i) if you are a competitor of Beamex, (ii) or for other benchmarking, reverse engineering or competitive purposes.

The service​

The service is an application for managing and documenting calibrations. For more specific functionality descriptions, contact Beamex or go to beamex.com/software/logical-calibration-software.

Services provider​

Beamex Oy Ab
Business ID: 0181602-8
Ristisuonraitti 10
68600 Pietarsaari
FINLAND

Support: support@beamex.com

Beamex’s responsibilities​

Beamex will (a) make the service available to a customer pursuant to these Terms, (b) use commercially reasonable efforts to make the service available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which Beamex may give advance electronic notice), and (ii) any unavailability caused by circumstances beyond Beamex’s reasonable control. Beamex will also protect and keep confidential the data you have provided to the service pursuant to these Terms and Beamex’s general data security and data protection principles as well as privacy policy.

Modifications to the service and to these Terms​

Beamex reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms or the service. Beamex notifies of changes made to these Terms or to the service in a manner it considers appropriate. Changes become effective on the notified date, unless otherwise provided. Your continued use of the service after the changes have become effective constitutes acceptance of such changes. If you do not accept the changes, you should stop further use of the service and terminate your agreement pursuant to these Terms. Beamex shall not be liable to the customer or to any third person for any modification, suspension or discontinuance of the service, or any part or element thereof.

User accounts and use of the service​

Grant of a right to use the service​

Beamex grants the customer, subject to these Terms and payment of applicable service charges (if any), a limited, non-exclusive, personal and non-transferable right to use the service for the customer’s internal business purposes. The customer agrees to use the service according to these Terms and applicable laws. If Beamex has reason to believe that the customer or a user violates these Terms or the applicable laws, Beamex may delete or limit the user rights or conduct other means it considers necessary.

A customer and a user cannot (a) use or try to use another user’s account without his/her and Beamex's permission; (b) copy, modify or create derivative works of the service, it’s content or technology relating to it; (c) reverse engineer, decompile, disassemble or otherwise try to derive the source code of the service or its technology; (d) remove any intellectual property right notices from the service; (e) create a user account by using another person’s personal data or otherwise incorrect or fake data; (f) transfer his/her account to another user without Beamex's prior written consent; (g) sell, resell or otherwise provide the license to use the service to a third party without Beamex's prior written consent.

Registration; Creating and maintaining user accounts​

In order to use the service, you may be required to register and create a user account. If you choose to register for the service, you agree to provide and maintain true, accurate, current and complete information about yourself and the legal entity or company you are representing as prompted by the service’s registration form or otherwise requested by us. Registration data and other personal information about you are governed by our privacy policy.

The username and password created when registering for the service is for personal use. You may never use another person’s user account, and you may not provide another person with your username and password to access your account. You agree to maintain your login details in a secure manner. You agree to immediately notify Beamex of any actual or suspected unauthorized use of your password or account or any other breach of security.

Service charges and payments​

The service, or certain features or versions of it, may be accessible only subject to payment of applicable service charges. The applicable service charge is specified in the sales agreement, Beamex's online store or other document. If service charges have not been agreed in advance, Beamex’s price list, valid at the time of concluding the agreement, shall apply. Unless otherwise specifically agreed, Beamex is entitled to update the service charges by providing at least one (1) month’s advance notice to the customer. If the customer does not accept the service charge increase, it may terminate the agreement in writing by using one (1) month’s notice period.

Value added, sales and other similar taxes or public charges are not included in the service charges and they shall be added and payable by the customer in accordance with applicable laws and regulations.

Purchasing LOGiCAL through a Beamex sales channel​

LOGiCAL user rights can be purchased by contacting Beamex's sales channels or directly from Beamex's online store.

If LOGiCAL is purchased through a Beamex sales channel, the purchase is made by placing an order, which is subject to order acknowledgement. The service charges are then invoiced in accordance with Beamex's practices in force from time to time, (e.g. on a monthly, quarterly or annual level) and may use also third-party payment services providers for collecting payments.

Purchasing LOGiCAL online​

When purchasing the service online, the service is resold by Bright Market, LLC d/b/a FastSpring, who is the Merchant of Record for all orders, unless otherwise specified by Beamex. FastSpring handles also all invoicing and payments relating to online sales. The applicable Fastspring reseller is specified in invoices and/or payment receipts. Fastspring is a payment services provider and it acts as our non-exclusive online reseller and is responsible for invoicing and collecting payments for service charges. Unless otherwise specified, all charges for the service are invoiced by, and payable to, Fastspring.

In addition to these Terms, your use of the service, especially paid versions of the service, are subject to applicable Fastspring terms and conditions in force from time to time, such as the Fastspring Terms & Conditions of Sale (, Note! Fastspring’s terms of sale might vary based on your location) and you agree to comply with them.

Privacy​

As a data controller, Beamex processes personal data pursuant to its privacy policy in force from time to time, available at beamex.com/privacypolicy. Customer information may also be shared with our local business partners, who take care of local Beamex sales and services. They process personal data related to Beamex LOGiCAL users based on their own privacy policies.

To the extent that Beamex is considered a data processor (as defined in the EU General Data Protection Regulation), Beamex Data Processing Annex (available at: beamex.com/general-terms-conditions) are applied and considered an integral part of an agreement.

Personal data may be transferred outside the EU only, if it is done in accordance with applicable privacy laws and regulations. To the extent that we transfer personal data to a customer located in a territory outside the EU that does not provide adequate protection for personal data (as determined by EU Commission from time to time), you agree to abide by and process such personal data in accordance with the Standard Contractual Clauses for Controllers as approved by the European Commission, at the time of signing this Agreement available at eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32004D0915 (as updated from time to time) (“Model Clauses”), which are incorporated by reference in, and form an integral part of, agreement between you and us. It is agreed that you are a “data importer” and we the “data exporter” under the Model Clauses.

Intellectual property relating to the service​

All intellectual property rights relating to the service and its original content, functionality, features, modifications, updates as well as and look and feel are solely and exclusively owned by Beamex (or its licensors, as the case may be) and protected by international copyright, trademark, trade secret and other intellectual property or proprietary rights laws. You are only granted a limited right to use the service in accordance with these Terms.

Customer data​

Beamex claims no intellectual property rights over the material or data you provide or enter into the service. All intellectual property rights to the data you have provided or entered into the service are owned by you (or the applicable third party). By creating or entering data to the service, you agree and accept that Beamex (and its local sales and services partners, as the case may be) may use the data provided by you (1) for providing the service, (2) for developing the service, or (3) for any other reasonable business purpose of Beamex, as permitted by applicable laws, these Terms, and Beamex’s privacy policy. You also agree that Beamex may monitor your use of the service and use or publish the data gathered in an aggregate and anonymous manner, provided that such information does not incorporate any customer data and/or identify you or a person.

A customer or user entering or uploading data to the service is responsible that it (or any of its users) has a right to enter the data into the service and that the data it has entered does not violate any laws or third party rights and is otherwise lawful. In the event we believe that the data entered or uploaded to the service by you violates applicable laws, rules or regulations or these Terms, or any third party rights, we have a right (but no obligation), to remove, restrict or modify such data at any time with or without notice and without any liability to you or to a third party.

Disclaimers​

The service is provided to you on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind either express or implied. You use the service at your own risk. To the fullest extent permissible pursuant to applicable laws and unless otherwise specifically provided in these Terms, Beamex disclaims all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of proprietary rights, correctness, accuracy, and reliability.

Unless otherwise expressly stated by Beamex, Beamex does not warrant that the service and any content, customer data, or features made available in conjunction with or through the service will be uninterrupted, timely or error-free, that defects will be corrected, or that the service and any content, customer data, services, or features made available in conjunction with or through the service or the server that makes them available are free of harmful components.

Unless otherwise expressly stated by Beamex, Beamex does not warrant or make any representations regarding the use or the results of the use of the service in terms of correctness, accuracy, reliability, or otherwise.

Devices, operating systems and data connection​

Use of the service may require a browser and an internet connection as well as a suitable device, and possibly installation of the service application to the device. Even if the service has been tested on different devices, browsers and operating environments, Beamex cannot provide any warranties that the service will function error-free on all possible devices, browsers and operating environments.

The customer is responsible at its own cost to acquire and maintain necessary devices, software and internet connections required for the use of the service. Beamex does not guarantee that the application can be used specifically with the customer’s device, software and internet connection. Beamex is not responsible of the possible outages or disconnections of the service for instance due to updates, technical issues or problems or other similar reasons. Beamex is not responsible for any damages caused by or relating to use or inability to use the service.

Data retention and back-ups​

Beamex stores data, makes backup copies and deletes data contained in the service in accordance with its normal IT and data retention policies throughout the term of an agreement and after its termination or expiration. Contact Beamex for further information on these policies.

Maintenance​

Beamex performs normal development and maintenance work for the service. Due to this, Beamex is entitled to temporarily restrict or limit the availability, use of or access to the service. Beamex aims to schedule the maintenance updates in a manner that causes as little harm to the customer as reasonably possible. Beamex is not responsible for any damages or harm caused by interruptions in the use of the service. Beamex notifies the customer of planned changes or interruptions in the service in a manner as it considers appropriate. All maintenance and support work are by default performed remotely from Beamex's location on weekdays during normal business hours.

Term and Termination​

The Terms and the agreement between Beamex and you for the provision and use of the service shall enter into force by your registration online for the service, by concluding a sales agreement with Beamex or by placing a purchase order with Beamex, which Beamex has acknowledged in writing. The agreement between Beamex and you shall remain in force and valid until it expires or is terminated according to the provisions provided herein.

An agreement for provision and use of the service may be terminated for convenience upon written notice to the other party: (a) by Beamex for any reason, including upon a decision to end, discontinue or substantially modify the provision of the service and/or close the service platform; (b) by you for any reason, unless the agreement you are terminating has a fixed term, in which case the agreement cannot be terminated prior to the ending of the fixed term period; or (c) immediately by either party, if proceedings are initiated for the other party’s liquidation or insolvency or a negotiated settlement with the other party’s creditors is concluded or an assignment is made on behalf of the other party for the benefit of creditors.

For a justified reason Beamex may also stop, permanently or temporarily, the provision of the service or its maintenance by notifying the customer. Beamex may also terminate the agreement, or restrict or prevent further use of the service, with immediate effect, if customer does not pay the applicable service charges or violates these Terms, the applicable laws or good business practice.

If a customer has not paid the LOGiCAL Access subscription fee for a period of 60 days, Beamex has the right to deactivate the customer’s account. In connection with deactivating an account any remaining credits will be nullified. After 12 months from the date of the expiration of the LOGiCAL Access subscription, Beamex has the right to delete completely and terminate the account.

An agreement for provision and use of the service may be terminated for breach upon written notice to the other party by either party in case of breach of an agreement or these Terms by the other party, if the breach has not been cured within 30 days of receipt of a notice from the non-breaching party, to the extent the breach is curable.

Effects of termination or expiration​

Upon termination of these Terms and the agreement between Beamex and you relating to use of the service, (a) Beamex has the right to deactivate and delete your account as well as any data entered by you, as soon as reasonably practicable after the effective date of termination or expiration, unless a specific time period is provided in these Terms, (b) you must stop using and prevent the further usage of the service by the effective date of termination as well as pay any amounts owed by you to Beamex under these Terms. If an agreement is terminated, you are not entitled to any refund on payments invoiced or made prior to the effective date of termination, unless otherwise specifically agreed.

The terms and conditions of an agreement or contained in these Terms which by their nature and purpose are intended to survive termination, shall survive any termination or expiration of an agreement.

Limitation of liability​

In no event shall the aggregate liability of Beamex arising out of or related to these Terms, to an agreement and the use of the service exceed the total amount paid by customer hereunder for the service during six (6) months prior to making first claim for damages or other legal or contractual remedies. The foregoing limitation will apply whether an action is in contract or tort and regardless of the theory of liability. Any damages or monetary compensation must be claimed by the customer no later than three (3) months after the customer became aware of the cause for the claim, with the risk of otherwise losing its right to claim any damages or monetary compensation based on breaches of agreement.

Furthermore, in no event shall Beamex be liable to customer or any third party for any consequential, incidental, indirect, exemplary, special or punitive damages, including any damages for business interruption, loss of use, data, revenue or profit, whether arising out of breach of contract, tort (including negligence) or otherwise. These limitations of Beamex’s liability shall be applied to the fullest extent permitted by mandatory provisions of applicable law.

Applicable Law and dispute resolution​

These Terms and, an agreement between you and us and use of the service shall be governed by the laws of Beamex’s domicile, without regard to its conflict of law rules and principles. Any litigation or dispute arising between the parties under these terms will be settled by amicable settlement. Failing amicable settlement within thirty (30) days from the dispute being referred to settlement, it shall be finally settled by arbitration. The arbitration tribunal shall be composed of one (1) sole arbitrator appointed by the Arbitration Institute of the Finland Chamber of Commerce and the rules of the institute are to be followed in the arbitration proceedings that shall be held in Helsinki, Finland. Beamex shall, however, have the right to bring up any claim and based on a due receivable from the customer, in the district court where the customer is domiciled.

Third party services​

Third party services or applications may be included or integrated in the service. Beamex is not responsible and does not give any warranties regarding third party services or applications or their use, function or defects in them. If the third-party services provider makes changes to its pricing, Beamex is entitled to update its charges accordingly if it affects provision of the service.

Other terms​

Beamex is entitled to employ subcontractors and third-party services providers to provide the service and for fulfilling its obligations under an agreement. Beamex may also transfer or assign the agreement entirely or partly, or rights and obligations related to it, for similar purposes or in connection with any merger, sale of business or other business transaction or restructuring. Otherwise a party cannot transfer an agreement or rights and obligations related to it to a third party without the other party’s permission.

Beamex shall not be deemed to be in breach of an agreement, or otherwise be liable to customer, for any failure to perform, or any delay in performance, caused by a reason beyond Beamex's control (force majeure events).

These terms and the additional agreed upon terms in an agreement contain the entire agreement between the parties and supersede all prior communication, discussions and agreements relating to the subject matter.

Information, terms, warranties, specifications or conditions contained in Beamex’s website and other marketing materials are for informational purposes only and do not bind Beamex.

The Parties agree that the service and associated technical information are delivered subject to all applicable export controls or restrictions imposed by any country or organization or nation which are enforceable in the jurisdiction of Beamex, including without limitation Beamex’s domicile, the United Nation, the European Union and the USA. You agree that you will not use, export, trade or transfer, directly or indirectly, the service and associated technical information against such controls or restrictions.