Beeline Terms of Service

What is this document?

From everyone at Beeline, thank you for using our platform and services! We build and offer them to help you learn, train, connect and share, better. There are plenty of people using Beeline every day. Because we don't know every one of our customers personally, we have to put in place some Terms of Service to help keep the ship afloat.

When we say “Company”, “we”, “our”, “Beeline”, or “us” in this document, we are referring to Beeline Learn (Pty) Ltd.

When we say “Services”, we mean any product, tool, feature or service created, offered and maintained by Beeline Learn (Pty) Ltd, whether delivered within a web browser, desktop application, mobile application, or another format.

When we say “You”, “your”, “client”, “user” or “customer”, we are referring to the people or organisations that own an account on one or more of our platforms.

We may update these Terms of Service in the future. Whenever we make a significant change to our policies, we may also announce them on our company blog. We encourage your to check back here frequently to ensure you are kept updated.

By clicking your consent (e.g. “Continue”, “Sign-in”, “Sign-up”, “Register”, “Log In” or “Create Account”) or by using our Services, now or in the future, you are agreeing to the latest Terms of Service. That is true for any of our existing and future products and all features that we add to our Services over time. There may be times when we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.

If you violate any of the terms, we may terminate your account or organisation profile. That's a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust by being open about who we are and keeping an open door to your feedback.

So long as you comply with these Terms, Beeline gives you a limited, personal, non-exclusive, and non-assignable license to access and use our Services.

If there is any disagreement or dispute relating to these Terms and related Rules and Policies, please note that most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Team at info@beeline.life. We would be happy to try and resolve them together with you.

Account Terms

1. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
   
2. You may not use the Services for any purpose outlined in our Use Restrictions and Rules section.
   
3. Users, and in the case of organisations, their representatives, must meet the age of consent to use online services in their locality. If you are below this age, you may not create a Beeline account.
   
4. You are responsible for all content posted and activity that occurs under your account. This includes actions by others who: (a) have access to your login credentials; or (b) have their own logins under your account, especially in the context of organisation profiles and workspace admins.
   
5. Workspace administrators are responsible for the users they add to their organisation's workspace. This includes overseeing and managing the content posted and the activities undertaken by these users within the workspace. Administrators must ensure that all user-generated content and activities comply with our terms and policies. They are also accountable for any violations that occur within their workspace, including inappropriate content or unauthorised activities. It is the responsibility of the administrators to maintain a compliant and secure environment within their designated workspace.
   
6. Content on the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so.
   
7. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Payment, Refunds, and Plan Changes

We offer a variety of plans of our Services tailored for organisational use, including Free Trials, Paid Trials or Pilots, and Monthly or Annual Subscriptions.

Free Trials: If you are using a free plan of one of our Services, it is really free: we do not ask you for your credit card and — just like for customers who pay for our Services — we do not sell your data. We explain the length of the trial when you sign up. After the trial period, you need to pay in advance to keep using the paid features of the Service. If you do not pay, we will freeze your access to any paid features, and those features will remain inaccessible until you make the relevant payment.

Upgrading to paid plans: If you are upgrading from a free trial to a paid version, we will require payment and either charge your card immediately, or invoice accordingly, and your billing cycle will start on the day of the upgrade. If you upgrade, add on or increase your usage limits during a billing cycle, the increased rate for your modified plan will take effect immediately and will be applicable for the remainder of the billing cycle, subscription or trial period.

Downgrading paid plans: For downgrades in plan level, the new rate will begin from the start of the next billing cycle.

Custom plans and pilots: For paid services, custom trial periods and pilots that are facilitated by the Beeline team. The duration and price of these plans, pilots and trials will be communicated to you in writing, in a pilot or trial agreement, and must be agreed upon in writing before proceeding. As with other paid services and subscriptions, if there is a payment due, it will be due immediately.

Plan usage restrictions: All paid plans, paid services, trials and pilots may have restrictions on their use. This may be in the form of the number of users, active users, administrators, content, features or otherwise specified during the registration process or agreement entered into.

Unless otherwise specified in the pilot or trial agreement, payments for paid plans will be due on either a monthly or annual basis, depending on what was selected during online registration or agreed upon in writing in the form of a pilot, trial or subscription agreement.

Unless stated otherwise in the relevant agreement, each plan will automatically renew for periods equal to the initial period at the current rates, unless either party elects not to renew the Subscription Term. This should be done by providing written notice to the other party at least 30 days prior to the expiry of the subscription period, in which case your subscription will expire at the end of your current billing cycle.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for the payment of all taxes, levies, or duties.

Bad refund policies are infuriating. You feel like the company is just trying to rip you off. We never want our customers to feel that way, so our refund policy is simple: If you’re ever unhappy with our products or services for any reason, just contact our support team and we'll take care of you. This may be in the form of full refunds, partial refunds, or credits - depending on the case. We reserve the right to decline refund requests.

Account Termination

1. You are solely responsible for properly terminating your account and must request that your account be removed by emailing info@beeline.life. We will endeavour to fulfil the request within 5-10 working days.
2. Individual Account Termination: You are solely responsible for properly terminating your individual account. To request termination, email info@beeline.life. We aim to process these requests within 5-10 working days. Upon termination, all your content becomes inaccessible from the Services. If content has been transferred to an organisation workspace, it becomes the organisation's property.
3. Organization Workspace Termination: The primary account holder or authorised representative must request workspace termination by emailing info@beeline.life or contacting their dedicated customer success or account manager. Following termination, all associated user accounts and content will become inaccessible. It is the organisation's responsibility to inform users of the impending termination. Content within the workspace will be handled according to the terms agreed upon or our data handling policies.
4. Termination Rights and Abuse Policy: We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because statistically speaking, out of the hundreds of thousands of accounts that may use our Services, there may be at least one doing something nefarious. There are some things we staunchly stand against and this clause is how we exercise that stance. For more details, see the clause later in this document on our Use Restrictions. Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.

Cancellation Policy

We want satisfied customers, not hostages. That’s why we make it easy for you to cancel your account and subscription with us. By emailing us at info@beeline.life requesting cancellation, we will be able to promptly cancel your account and terminate your subscription.

As an individual, should you wish to cancel and delete your account, either contact us at info@beeline.life request account deletion, or follow the prompts and steps provided in the web and mobile applications by going to the “My Profile” section.

Our legal responsibility is to workspace owners and admins, which means we cannot cancel or delete an account at the request of anyone else. If for whatever reason you no longer know who the account owner is, contact us at info@beeline.life. We will gladly reach out to any current account owners at the email addresses we have on file.

What happens when you cancel or delete your account?

• In the case of unpaid/free accounts, you won’t be able to access your account once you cancel. If you have a paid account, you can cancel your subscription and keep using your account until your paid period expires. Then the account will be automatically cancelled and will become inaccessible. You can also choose to cancel your account earlier.
  
• If you have a paid account, you can cancel your subscription and keep using your account until your paid period expires. Then the account will be automatically cancelled and will become inaccessible. You can also choose to cancel your account earlier. If you delete you account, it will not be possible to continue using your account for the remainder of the period (as your account would be deleted..)
  
• We won’t bill you again for subsequent periods once you cancel, but we do not automatically prorate any unused time you may have left, nor do we offer any refunds or credits as a result of this termination.
  

Copyright and Content Ownership

Content Copyright

1. All content posted on the Services must not infringe on the copyright and intellectual property rights of others. Infringing activity is not tolerated on or through our platform.
   
2. We do not pre-screen Content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
   
3. Beeline reserves the right to delete or disable content alleged to be infringing the intellectual property rights of others, and to terminate accounts of repeat infringers. We respond to notices of alleged copyright infringement if they comply with the law; please report such infringements to us at info@beeline.life.
   
4. If you aren’t sure whether you own the copyright in a particular work, please consult an attorney before sending a copyright notice to us. We cannot process a copyright claim that is not submitted by the owner of the copyright or its designated agent. Beeline can’t give you legal advice.
   
5. Copyright law doesn’t cover short phrases (like business names, book titles, and slogans), intangible concepts (like processes, ideas, and recipes), or facts. Before you submit a copyright claim, make sure that the copied content is indeed protected by copyright.
   
6. If you believe that Content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement containing details of the infringement and all relevant details, including a description of the infringing material, your contact information, a statement in good faith outlining your belief that there has been an infringement. We require all relevant and applicable information in order to process the notice and may be required to contact you for additional information.
   
7. Please note that you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users if you knowingly materially misrepresent that material or activity is infringing. If you aren’t sure whether the material you are reporting is in fact infringing your rights, you should consult an attorney before sending us a copyright notification.
   
8. In addition to the general guidelines, workspace administrators bear responsibility for ensuring that all content uploaded to their organisation's workspace does not infringe upon any copyright or intellectual property rights. Admins should monitor and manage content within their workspace to comply with these terms."
   

Content Ownership

1. We claim no intellectual property rights over the material you provide to the Services. All materials uploaded remain yours.
   
2. Content created or stored in private organisation workspaces remains the exclusive property of the organisation that owns the workspace. Beeline does not claim any ownership rights over this material, and such content will not be shared publicly without the explicit consent and action of the workspace's administrators or managers.
   
3. For organisations with Public Functionality enabled as part of their subscription, unless otherwise agreed in writing, by submitting, posting, or displaying content on or through the public-facing side of the Services (“Sharing”), you grant Beeline a nonexclusive, royalty-free, worldwide, fully-paid, and sublicensable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your content and any name, username or likeness provided in connection with your content in all media formats and distribution methods now known or later developed on the Services. Beeline needs this licence because you own your content and Beeline therefore can’t display it across its various surfaces (i.e., mobile, web) without your permission. Content that is generated privately within an organisation's workspace will not be shared publicly unless made public by an administrator or manager of the organisation, in which case the above terms apply.
   
4. This type of licence is needed to distribute your content across our Services, such as the website and app, and to multiple places within Beeline, such as the explore page, feed or Library. A modification might be that we show a snippet of the beeline in a preview, with attribution to you. A derivative work might be a list of top creators or quotes on Beeline that uses portions of your content, again with full attribution. This licence applies to our Services only and does not grant us any permissions outside of our Services.
   
5. We welcome feedback, comments, ideas, and suggestions you have about our Services. We may use this feedback for any purpose, in our sole discretion, without any obligation to you. We may treat feedback as non-confidential.
   

Beeline Copyright

1. The names, look, and feel of the Services are copyright© to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company's logo or any Service logos for promotional purposes. Please email us at info@beeline.life to request to use logos. We reserve the right to rescind this permission if you violate these Terms of Service. These Terms don’t grant you any right, title, or interest in the Services, other users’ content on the Services, or Beeline trademarks, logos, or other brand features.
   
2. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.
   
3. You must not modify another website so as to falsely imply that it is associated with the Services or the Company.
   

Modifications to the Service and Prices

1. Sometimes it becomes technically impossible to continue a feature or we redesign a part of our Services because we think it could be better or we decide to close new signups of a product. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice. We also retain the right to create limits on use and storage and may remove or limit content distribution on the Services. This includes, but is not limited to, functionality, performance, user interface, usability, and service description.
   
2. Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days' notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.
   

Data Collection and Processing

Custom Data Fields Responsibility

You, as the client or user of our platform, may have the option to create custom data fields to collect specific information from learners or other users. You are solely responsible for the data you collect using these custom fields.

You agree to only collect and process personal data that is lawful, necessary, and for a specific, articulated purpose. Any collection of personal data should be done in full compliance with the applicable data protection laws, including the Protection of Personal Information Act (POPI Act) and international data protection laws such as GDPR and other laws as applicable to your location of use and operations.

Consent and Lawful Processing

While our platform provides features for data collection, it is your responsibility as the user or client to ensure that you have a valid legal basis for collecting and processing any personal information, including but not limited to obtaining the necessary consents from data subjects.

It is also your responsibility to provide clear and comprehensive information to data subjects about how their data will be used, stored, and processed.

Data Protection and Security

Security Measures

We take the protection of personal data seriously and employ reasonable security measures to protect the data on our platform. However, you are responsible for ensuring that any personal data you collect and store on our platform is done so securely and in compliance with applicable laws.

Data Breaches

In the event of a data breach that affects any personal data you have collected or stored on our platform, we will notify you as soon as reasonably possible. You agree to cooperate with us in any investigation or action related to such a breach and to notify any affected individuals or regulatory bodies as required by law.

Limitation of Liability and Indemnification

Indemnification

You agree to indemnify and hold harmless Beeline, its officers, directors, employees, and agents from and against any claims, actions, demands, losses, liabilities, damages, and costs arising out of or in connection with your collection, use, and disclosure of personal data, especially data collected using custom fields, and any breach of applicable data protection laws.

Limitation of Liability

To the fullest extent permitted by law, Beeline shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, due to your collection, use, or disclosure of personal data using our platform.

Uptime, Security, and Privacy

1. Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for most of our Services — but do take uptime of our applications seriously.
   
2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
   
3. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted.
   
4. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that Beeline may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons, and reasons outlined in the Privacy Policy:
   • To help you with support requests you make. We'll ask for express consent before accessing your account.
   • On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause as much as possible to avoid the errors from reoccurring.
   • To safeguard Beeline. We'll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
   • To the extent required by applicable law.
     

We use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. The list of all sub-processors who handle personal data for Beeline includes Brevo, Sentry.io, Slack, Google Analytics, Expo, and Grafana.

Under the California Consumer Privacy Act (“CCPA”), Beeline is a “service provider”, not a “business” or “third party”, with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms of Service and our Privacy Policy. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the flip side, you agree to comply with your requirements under the CCPA and not use Beeline’s Services in a way that violates the regulations.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also strive to test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don't guarantee completely error-free Services.

Confidentiality

In our relationship with any paid users, customers and clients, both parties understand and agree that confidential business, technical, or financial information may be shared (referred to as "Proprietary Information"). For us, this includes details about the Service's features, functionality, performance, and technical and financial information relating to the platform and Services. For you, this includes your non-public data provided to us for the purpose of providing our Services.

To protect this confidential information, each of us agrees to take appropriate measures to not disclose this information to any third party, except in the course of providing the Services or as explicitly allowed. This confidentiality agreement does not apply to information that is in the public domain after five years of disclosure or information already in the possession of the receiving party.

To allow us to celebrate our relationship, each of us shall allow the other the right to use its name in marketing materials, on the condition that both parties agree to keep confidential the nature of their relationship and any specific details related to it - unless otherwise agreed upon or requested in writing.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (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 Services; (iii) unauthorised 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 this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that's on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent; and in general giving a damn. If you choose to use our Services, thank you for betting on us.

If you have a question about any of the Terms of Service, please contact our team at info@beeline.life.

Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Indemnification

If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless Beeline, our officers, directors, suppliers, partners, and agents against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

Disclaimer

Beeline aims to give you great Services but there are some things we can’t guarantee. Your use of our Services is at your sole risk. You understand that our Services and any content posted or shared by users on the Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Beeline doesn’t represent or warrant that our Services are accurate, complete, reliable, current or error-free. No advice or information obtained from Beeline or through the Services will create any warranty or representation

Just to be clear: TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM AND EXCLUDE ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES, WHETHER IMPLIED OR EXPRESS AND WHETHER ARISING BY LAW, CONTRACT OR A COURSE OF DEALINGS BETWEEN US.