Terms & Conditions
1. Acceptance of the Terms of Service.
1.1. This is a legal agreement between you as the User and the Platform’s Provider.
1.2. By accessing https://web.apiarybook.com/ website and/or by downloading and using the Apiary Book mobile apps and/or by creating an user account within Apiary Book mobile apps, as the case may be, you agree that you have read and understood all of the terms and conditions contained in this Terms of Service and you agree to be bound by this Terms of Service.
1.3. If you are accepting these terms on behalf of a legal entity, you represent and warrant that you have full authority to bind that legal entity to these terms.
1.4. If you do not agree with the Terms of Service (hereinafter “Terms” and/or “Terms of Service”), you shall immediately:
a) do not create your account and/or
b) stop using the Service.
1.5. Violation of the Terms of Service will result in the termination of your Account.
2. Upgrading and Downgrading Terms of Service
2.1. We reserve the right to update and change anytime the Terms of Service. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. Any modification to the Terms will be notified to you via the website, the Apiary Book mobile apps and/or via email. The modified version of Terms of Service will become effective in term of 2 days after it is communicated to you.
2.2. However, changes addressing new functions for the Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms of Service, you should stop using the Service and delete your Account.
2.3. Any new features that augment or enhance the current Service shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
3.1. When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
“Account” means the user account that you must create and log in, in order to use the Service.
“Content” means any information made available by you on the Platform, including your profile information, any information you add related to your apiaries and hives and/or your communication with other users;
"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, 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);
“Provider” and/or “We” means Apiary Software SRL, a Romanian Company, headquartered in Str. Nicolae Titulescu Nr 33, Ploiesti, Prahova, having registration number J29/1129/2018 and sole registration number 39425767, represented by Bogdan Iordache. Apiary Software SRL is the owner of the Platform and is entitled to provide and sell the Service in the conditions stipulated under the Terms of Service.
“Platform” means the Apiary Book mobile apps and the https://web.apiarybook.com/ website.
“Service” means the services that we provide, in relation with the Software, namely the right to use the Software; services are available in two versions: free and pro, as they are described on the http://www.apiarybook.com/pro.html website.
“Software” means Apiary Book mobile apps and the https://web.apiarybook.com/ website.
“User” and/or “You” means the physical or legal person who uses the Service, in the conditions stipulated in the Terms of Service.
4. Creating your Account
4.1. You must be at least 16 years of age to create an account on the Platform and use the Service. By creating an account and using the Service, you represent and warrant that:
• you can form a binding contract with the Provider;
• you will comply with this Terms of Service and all applicable local, state, national and international laws, rules and regulations;
4.2. When creating your Account, you shall respect the following rules:
• You must be a human. Accounts registered by “bots” or other automated methods are not permitted and will be deleted without any prior notice;
• You must provide your name, a valid email address, and any other information requested in order to complete the signup process.
• You are not allowed to create an Account using personal information of third parties, unless you are empowered by a legal entity to create an account on its behalf;
• If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, we reserve the right to send you a notice to demand corrections, remove relevant information directly and/or terminate all or part of Service to you. You hereby acknowledge and agree that you have the obligation to keep all information provided up to date if there are any changes.
• Your Account may only be used by one person – a single login shared by multiple people is not permitted.
4.3. The right to use the Service is subject to our approval. Therefore, in order to be able to use the Services:
a) you shall create an Account on the Platform;
b) your Account shall be approved by us.
5. Granted rights.
5.1. By having an approved Account under the Platform, Provider grants you a personal, worldwide, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use the Service as intended by us and permitted by the Terms of Service.
5.2. For the avoidance of any doubt, when creating your Account, you are granted the right to use the free version of the Apiary Book. You will be allowed to use the pro version of the Apiary Book only after the payment of your subscription and within the limits of your subscription.
5.3. Your license will be suspended if your Account will be suspended. Accordingly, you license will be terminated if your Account will be terminated.
6. Rules regarding the Use of the Service. User’s obligations.
6.1. Apiary Book shall be considered a software for the complete management of apiaries. Therefore, you are allowed to use the Platform exclusively in relation with this purpose.
6.2. You are not allowed to use the Service for any illegal or unauthorized purpose and/or activity. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
6.3. You are responsible for all Content posted and activity that occurs under your account. In this respect, when you communicate with other beekeepers you shall not:
• post any Content that might violate third parties intellectual property rights.
• use the identity of other persons;
• post any Content that is hate speech, threatening, sexually explicit or pornographic, incites violence, or contains nudity or graphic or gratuitous violence;
• post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
• spam, solicit money from or defraud any users;
• bully, stalk, intimidate, assault, harass, mistreat or defame any user;
• solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
• use another user’s account;
• create another account if we have already terminated your account, unless you have our permission.
6.4. In this respect, we may remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
6.5. You are not allowed to:
• modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service;
• reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the provider;
• upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages by using the Service;
• transmit any worms or viruses or any code of a destructive nature;
• Verbal, physical, written or otherwise abuse (including threats of abuse or retribution) the other users that you may communicate with;
6.6. You are responsible for maintaining the security of your account and password. The Provider cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
7.1. Some of our Services are paid services. In this respect, in order to access the Apiary Book Pro version, you need a paid subscription.
7.2. The paid subscriptions and applicable prices are available here: https://web.apiarybook.com/
7.3. Prices available on https://web.apiarybook.com/ include VAT, except the situation that we will expressly mention that prices exclude VAT. Prices are exclusive of all other taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
7.4. In order to buy a subscription a valid credit card in required.
7.5. The Service is billed on a yearly basis, depending on the selected billing plan.
7.6. Billing occurs at the start of the billing period and each payment shall be done in advance.
7.7. Renewal invoices are issued automatically unless the account owner does not explicitly cancel its subscription.
7.8. You may cancel an ongoing subscription anytime by sending us and email and/or by operating such modification in your Account. In case you cancel your subscription, the right to use the Apiary Book pro version will be active until the end of the billing period for whom you already paid the subscription. Therefore, we will not reimburse you the amount paid in advance in case you cancel an active subscription.
7.9. The credit card on file is charged automatically by our billing system one day after an invoice is issued. If a payment is declined by the card issuer, we will attempt it every day. Access to the Apiary Book Pro version is suspended if no successful payment is realised after 2 attempts.
8. Acknowledges and warranty limitations
8.1. The service is provided on an “as is” and “as available” basis. Therefore, you acknowledge that your use of the Service is at your sole risk.
8.2. We do not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
8.3. We do not warrant that the Content will be always available, always synchronized and updated and error free. Also, you understand that in extraordinary circumstances the Content can be lost, therefore we recommend you to always backup the Content you provide on the Platform.
8.4. We do not guarantee any results by using Service. We shall not be liable in case you do not obtain the results that you expect by using the Service.
8.5. We take no responsibility for any Content that you or another user or third party posts, sends or receives through the service. Any material downloaded or otherwise obtained using the Service is accessed at your own discretion and risk.
8.6. We have no obligation to provide technical support. Thus, we will try to fix any errors regarding the functioning of the Platform in a proper time.
8.7. You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
8.8. Exclusive remedy: In case of any breach of the above limited warranty, we will repair the prejudice, meaning that it we will refund you the price paid for the Service in the month when the breach occurred and only if such price has been paid by you. You acknowledge that the above warranties are your exclusive warranties and replace all other warranties or conditions, express or implied, including but not limited to warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement.
9. Modifications to the Service and Prices
9.1. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, including to delete and/or to add new functionalities to the Service and/or to the Software.
9.2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 10 days’ notice from us. Such notice may be provided at any time by posting the changes to our website or contacting you by email.
9.3. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
10. Cancellation and Termination
10.1. We, in our sole discretion, have the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other services provided by us, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. We reserve the right to refuse service to anyone for any reason at any time. Usually we will suspend or terminate your account if we reasonably believe that you have breached the Terms of Services and/or other applicable laws. In case we suspend or terminate your account, we will reimburse you the price paid for your active subscription, proportionally with the time left until the next billing period.
10.2. In the situation you breach any obligation stipulated under Terms of Services and/or stipulated by the law the termination will be effective immediately without any prior notice. In any other situation, you will receive a 10 days’ prior notification by email before the termination of the Account. The termination will be effective when the 10 days’ term is met.
10.3. Termination of the Account grants that no future charges will be executed on your credit card, unless you have any unpaid amount in relation with the use of the Service. Additionally, if the Account will be terminated you will not be allowed any more to use the Service. Any information available on your Account and all the Content attached to your Account will be deleted when the Account will be terminated
10.4. You are also allowed to terminate your account anytime but in such situation, we will not reimburse any amount paid in advance for your active subscription.
11. Copyright and Content Ownership
11.1. We own all the intellectual Property Rights regarding the Software and the Service. Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights to you.
11.2. The structure, organization and code of the Software are valuable trade secrets and confidential information of the Provider. The Software, including the Software`s logos and trademarks, are proprietary to the Provider and are protected by applicable laws and by international treaties provisions.
11.3. You shall respect our Intellectual Property Rights, as stipulated under this Agreement and the applicable laws and you shall not: a) make any modification, adaptation, improvement, enhancement, translation and/or derivative work from the Software; b) decompile, disassemble, reverse engineer, or attempt to decompile, disassemble or reverse engineer, the Software.
12.1. The failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
12.2. We may assign its rights and obligations under this Agreement to any party for any reason whatsoever without any prior notice.
12.3. Any dispute arising under or in connection with this Agreement will be deferred to the competent courts from Romania. Any dispute arising under or in connection with this Agreement will be judged in accordance with Romanian laws.
12.4. The Terms of Service constitutes the entire agreement between you and the Provider and govern your use of the Service, superseding any prior agreements between you and the Provider (including, but not limited to, any prior versions of the Terms of Service).
12.5. You can contact us at the following email address: firstname.lastname@example.org
This document is effective starting with: 25 Feb 2020