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This is an Agreement between you and inBeat, a trademarked brand operating under the Company 9406-9457 Québec inc., Montreal, QC, H4H 1P1, Canada (“inBeat”) that describes the Terms of Service (“Terms”) with respect to your access to and use of content, reports, documents, products, and online services (referred to collectively as the “Services”) we make available through https://inbeat.co (referred to collectively as the “Site”). Please take the time to read the Agreement carefully as it governs your use of the Site and Services.
Acceptance All of the terms of the Agreement apply without modification by you and together constitute legally binding terms between you and inBeat. By using or accessing the Site and/or Services, you understand and agree to abide by these Terms of Service whether on your own behalf or on behalf of a legal person you represent. If you are entering into this Terms on behalf of a legal person, you represent that you have the authority to bind the legal person and its affiliates to this Terms, in which case the terms “you” or “your” shall refer to that legal person and its affiliates. If you do not agree, you may not use or access the Sites and Services.
inBeat may revise, amend or otherwise change these Terms without prior notice to you. You acknowledge and agree that it is your responsibility to review these Terms of Service periodically for changes. You agree that your use of the Services after the effective date of such change will constitute your consent to the revised, amended, or otherwise changed Terms. If you do not agree to the changes, you must stop using the Services.
3.1. Our platform is served to you to search and discover social media accounts that are publicly available. Our platform empowers you to evaluate the quality of a user’s audience and filter them according to your needs.
3.2. inBeat provides you with a limited, non-exclusive, non-transferable, personal and non-assignable permission to use the Site. Accordingly, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree to comply with all applicable laws and regulations in your use of and access to the Site and Services.
3.3. You will be required to successfully sign up for an account (the “Account”) and be issued with a username and password login (“User ID”) in order to use the Services. You shall keep your User ID secure and shall not share your User ID with anyone else, and you shall not collect or harvest any personal data of any other user of inBeat, including account names. inBeat reserves the right to disable any Account issued to you at any time. If inBeat disables access to a Personal Account issued to you, you may be prevented from accessing inBeat, your account details or any Campaigns that are associated with your account. In such a case, we will delete all of your personal information and data, in compliance with GDPR.
3.4. By registering to inBeat you agree to receive emails, including but not limited to: newsletter, product updates, opportunities. You will be able to unsubscribe from each group at any time.
4.1. You understand and agree that inBeat may modify, terminate, suspend, or otherwise adjust any and all aspects of the Services at any time without prior notice to you.
4.2. You acknowledge and agree that inBeat can disable access to Services for non-payment or other material breach of the Terms. In such a case, you may be prevented from accessing your files or other content which is contained in inBeat Site or Services.
4.3. You acknowledge and agree that you are allowed to use only single account per person, unless specified otherwise under your subscription plan.
As part of the registration process, you may be required to provide certain information including, but not limited to, your name, the business name, address, phone number, and email address. You agree that any registration information you give to inBeat will always be accurate, correct and up to date. You are responsible for protecting any tokens, keys or passwords for inBeat’s Services from unauthorized access. You will be held responsible for any activity that occurs under your tokens, keys or passwords. You agree to notify inBeat immediately of any unauthorized use of your tokens, keys, passwords or any other breach of security. inBeat may access your tokens, keys, passwords from time to time to provide You assistance with technical or billing issues or in order to maintain or improve the Services.
6.1. We comply with the General Data Protection Regulation EU 2016/679 (GDPR). Click here to learn more.
6.2. Important information for data controllers: you acknowledge that when processing personal data of individuals, you may become a data controller and you must comply with GDPR.
6.3. If you are an individual and process personal data in the course of a purely personal or “household” activity, you may be exempt from the application of GDPR. If you are unsure whether this exemption applies, please, obtain legal advice.
6.4 If you are a legal person, you may become a data controller for the purposes of GDPR when you process personal data about natural persons. This is the case whether you obtain personal data through Us or through any other third party (for instance, if you manually compile your own database from Instagram). If GDPR applies to you, you hereby confirm that you and Us (the “Parties”): 1) each independently determines the purposes and means of the processing of personal data and acts as an independent controller; 2) the Parties do not jointly determine the purposes and means of the processing and do not act as joint controllers; 3) neither of the Parties processes personal data on behalf of the other Party and does not act as a processor; 4) each of the Parties shall independently take all necessary measures to comply with applicable data protection laws.
7.1. inBeat can support a variety of payment methods for customers, including bank transfers, credit cards, debit cards, PayPal, and bank wires.
At this time, inBeat supports credit card payment.
You shall have the right to select any payment service provider available. You agree that inBeat is not responsible for any actions applied by the payment service provider including but not limited to any additional transaction fees, banking commissions or currency fees applied to your transaction.
7.2. In order to access the Service, you need to choose a pricing plan and pay the price associated with the said plan.
7.3 inBeat operates under a subscription model. Plans automatically renew for a given period, unless you cancel the said plan before 23:59 Eastern Time on the final day of the subscription.
7.5. You can cancel a subscription through the billing portal inside the Account or by emailing us at [email protected].
7.6. A refund can be requested within 48 hours of the renewal.
7.7. inBeat does not store credit/debit card information.
8.1. You may use the data/content collected and displayed from your use of the Service solely for informational purposes. You understand and acknowledge that such data/content may not be exhaustive and the analysis of the data/content is based on what third-party data sources provide to inBeat. The data/content is based on publicly available data/content and inBeat does not verify the accuracy of data/content provided by such third parties. Any use of the data/content except as specifically described herein is strictly prohibited. In addition, the data/content collected and displayed may require access to third-party sites and such third parties may prevent inBeat from generating such data/content. Furthermore, government regulations and/or compliance with applicable laws may prevent inBeat from using certain data/content or providing it to you. You agree that you shall evaluate and bear all risks associated with the Services, including any reliance on the accuracy, completeness, or integrity of such Services. By using the Site and Services, you represent and warrant that you have such knowledge and experience in financial and business matters that you are capable of evaluating the merits and risks of the information made available in the Site and Services and make effective use of the Services provided by inBeat as an analytical tool. You acknowledge that the Services are made available to you without any warranties of any kind. By using the Services you understand and agree that your use of the Services is at your sole discretion and risk.
8.2. The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that inBeat is not responsible for the availability of, or the materials located on or through any External Sites.
8.3. You acknowledge that by accessing the Site, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that inBeat shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material.
8.4. You shall acknowledge inBeat as the source of the data/content; if you use/show data/content from inBeat online, you shall link to inBeat website.
You may only use the Service as specified above. You are restricted from using the Service for any other usage, including:
9.1. Excessive use or abuse of the Service (inBeat may terminate your subscription in such a case, without your acknowledgment).
9.3. Use any means to modify or reroute the Service.
9.4. Broadcast, reproduce, republish, post, transmit or distribute any part of the Services (other than as specifically allowed pursuant to these Terms).
9.5. Assign, syndicate, resell or otherwise transfer or make available information obtained via the Service to third parties (unless you have a specific written agreement with inBeat).
9.6. Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Service, or otherwise attempt to discover any source code, or allow any third party to do so.
9.7. Use the Services in any way that harms inBeat, its affiliates, resellers, distributors, customers, service providers and/or suppliers, as determined by inBeat in its sole discretion;
9.8. Use the Services in any manner that could damage, disable, overburden, or otherwise harm the Services and/or Site or interfere with any other party’s use and enjoyment of the Services and/or Site;
9.9. Use any meta tags or any other “hidden text” utilizing inBeat’s name or trademarks without the prior written consent of inBeat;
9.10. Display the Site in frames or utilize any other techniques to display the Site (or any content on the Site) without the prior written consent of inBeat;
9.11. Use the Services in any manner which is contrary to the provisions of any applicable third party terms of use or other agreements (including any requirement to secure written permission prior to making certain utilization of content);
9.12. Use the Services to “stalk” or otherwise harass another; and/or collect or store personal data about any other person.
9.13. Employ any technique to compile any false or misleading information or content;
9.14. Harm minors in any way;
9.15. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
9.16. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
9.17. Use the Services in any manner that violates or infringes the rights of any third parties, including without limitation copyright, trademark, patent publicity, or other proprietary rights;
9.18. Use the Services to gain unauthorized access to any third-party services, user accounts, computer systems, or networks;
9.19. Use the inBeat domain name or other contact information as a pseudonymous reply email, postal, and/or fax address (or any other type of return address) for any communication transmitted from another location or through another service or otherwise impersonate inBeat or any other third party;
9.20. Create multiple tokens, keys or passwords for disruptive or abusive purposes, or with overlapping use cases. Mass tokens, keys or passwords creation may result in suspension of all related tokens, keys or passwords. Please note that any violation of these Terms of Service is cause for permanent suspension of all tokens, keys or passwords.
9.21. Any attempt to utilize automated programs, bots, screen scraping or any other means of gathering data other than through our currently available API is strictly prohibited.
You grant inBeat the right to add your name and company logo to its customer list and web site. Except for the foregoing, neither party may use the other party’s name or logo without the other party’s prior written consent.
11.1. You may cancel the Services at any time, with or without cause. You understand and accept that by canceling the Services: i) you may not receive a refund; ii) you may be obligated to pay all charges due until the end of the subscription; iii) you may lose access to and use of your keys or passwords and any Services.
11.2. You acknowledge and agree that inBeat may terminate your keys or passwords for cause with or without prior notice to you. Cause for termination includes but is not limited to infringement or violation of the Terms, partial or complete discontinuance of the Services and/or Site, extended periods of inactivity, request to do so by law, and non-payment of fees or charges owed by you to inBeat.
11.3. Cancellation or termination will result in immediate cessation of access to the Services, and deletion of your keys or passwords and all Services contained therein. All terminations are at the sole discretion inBeat, and you agree that inBeat shall not be liable to you or any third party as a result of the termination.
11.4. Upon termination or expiration of this Agreement for any reason, all licensed rights granted in this Agreement to you will immediately cease to exist and you will irrecoverably delete any and all data you received from inBeat.
11.5. There will be no refunds or credits for partial use of Service, upgrade/downgrade refunds, refunds for unused features, or refunds for failures or inaccessibility of Service due to circumstances beyond inBeat’s control. In order to treat everyone equally, no exceptions will be made. Downgrading your Service may cause the loss of content, features. inBeat does not accept any liability for such loss. inBeat reserves the right to suspend or terminate your access to the Services for nonpayment. If your Subscription is terminated for any reason, you are still liable for the remaining unpaid period of your Subscription. inBeat may recover such payments. In this case, you will bear all the expenses related to such recovery or/and debt collection.
You acknowledge and agree that the Site and Services are the exclusive property of inBeat and except as may be otherwise provided herein, inBeat does not grant any express or implied right in them to you. You agree not to remove, obscure or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Site. inBeat owns the copyright for the Site as a compilation, and all Services accessible from the Site. All content included on the Website, such as text, graphics, logos, button icons, images, data compilations, and software, is the property of inBeat or its content suppliers and protected by international copyright laws. Any third party marks displayed on the Site and/or Services are the property of their respective owners. You further acknowledge that the Services may contain information which is designated confidential and that you shall not disclose such information without inBeat’s prior written consent.
If you have any questions about these Terms, please contact us at [email protected].
Disclaimer of warranties and limitation of liability to the fullest extent permitted by applicable law, inbeat and its affiliates, officers, employees, agents, partners, and licensors expressly disclaim all warranties of any kind, express or implied, as to the accuracy, adequacy or completeness of any of the information contained in this site or created by the services. The materials, content on this site and services are provided to you on an “as is” basis, without any warranties as to merchantability or fitness for a particular purpose or use nor with respect to the results which may be obtained from the use of services. inBeat makes no warranty that i) the services will meet your requirements: ii) the services will be error-free, secure, or uninterrupted; iii) any errors will be corrected; and iv) the quality of the services will meet your expectations. Any services downloaded or otherwise accessed through the use of the site is at your own discretion and risk and inBeat shall have no responsibility or liability for any errors or omissions nor shall it be liable for any damages, whether direct or indirect, special or consequential, even if they have been advised of the possibility of such damages. No advice or information, whether oral or written, obtained by you from inBeat or its services shall create any warranty not expressly stated in the terms. In no event shall the liability of inBeat or any of their affiliates pursuant to any cause of action, whether in contract, tort, or otherwise, exceed the fee paid by you for access to such services. Furthermore, inBeat shall have no responsibility or liability for delays or failures due to circumstances beyond their control.
15.1. These Terms shall be governed and construed in accordance with the laws of Quebec, Montreal, without regard to its conflict of law provisions.
15.2. In case of dispute, controversies or differences, both parties agree to try and settle amicably within a 30-day period. In case of failure to settle, the negotiations shall be presented to a third party arbitrator.
Each party shall bear its own expenses. The parties shall share equally in the expenses of the arbitration tribunal.