TERMS OF SERVICE
Last updated October 29, 2025
AGREEMENT TO OUR LEGAL TERMS
We are Journeybee AB ('Company', 'we', 'us', or 'our'), a company registered in Sweden at Fiskebäcks Hamn 34, 426 58 Västra Frölunda, Sweden, Västra Götalands län 426 58. Our VAT number is SE559443341801.
We operate the website https://www.journeybee.io (the 'Site'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').
You can contact us by email at support@journeybee.io or by mail to Fiskebäcks Hamn 34, 426 58 Västra Frölunda, Sweden, Västra Götalands län 426 58, Sweden.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and Journeybee AB, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. CONTINUED USE OF OUR SERVICES WILL BE VIEWED AS YOU CONSENTING TO OUR TERMS.
By "you" and "Customer" we mean the legal entity, or person, that is ordering Services under these Terms, any of your affiliates together with you, and your affiliates' employees and representatives. When we refer to the "parties" we mean you and us together.
We will provide you with prior written notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by support@journeybee.io, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms. Should you wish to cancel the Services after viewing our modified Legal Terms you are asked to notify us, in writing, as soon as reasonably possibly after receiving such notice from us.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
- OUR SERVICES
- INTELLECTUAL PROPERTY RIGHTS
- USER REPRESENTATIONS
- USER REGISTRATION
- PURCHASES AND PAYMENT
- SUBSCRIPTIONS
- PROHIBITED ACTIVITIES
- USER GENERATED CONTRIBUTIONS
- CONTRIBUTION LICENCE
- SOCIAL MEDIA
- THIRD-PARTY WEBSITES AND CONTENT
- SERVICES MANAGEMENT
- PRIVACY POLICY
- COPYRIGHT INFRINGEMENTS
- TERM AND TERMINATION
- MODIFICATIONS AND INTERRUPTIONS
- GOVERNING LAW
- DISPUTE RESOLUTION
- CORRECTIONS
- DISCLAIMER
- LIMITATIONS OF LIABILITY
- INDEMNIFICATION
- USER DATA
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- CALIFORNIA USERS AND RESIDENTS
- MISCELLANEOUS
- CONTACT US
1. OUR SERVICES
This Agreement regulates the terms and conditions under which the customer shall purchase and JOURNEYBEE shall provide the service (hereinafter referred to as the "Service" or the "Services").
Our Services are provided to you at an "as is" basis and updated information regarding their use, format, and our offerings in general, may be viewed at JourneyBee.io. The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country ("other locations"). Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. We do not recommend nor encourage use of our Services in jurisdiction where such use is not permitted but we have limited possibilities to monitor such occurrences which means that you are responsible for making certain that your use of our Services is permissible in the jurisdiction you find yourself in.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA). If you are uncertain of how your use of the Services may be compliant or not with relevant regulations, we encourage you to reach out to us at support@journeyBee.io for further information.
By using our Services and (where applicable) creating a user account with us, you agree to the Terms. If you do not agree to these Terms, you may not use the Services and you may not create or otherwise utilize any account with us. If you do not agree with these Terms you should immediately stop using our website as access to our website is also covered through these Terms.
Using our Services means that you have accepted these Terms and you may be required to sign a separate agreement with us clarifying your specific use of our Services. The Customer agrees with the purchase of Services. By signing a separate purchase order/statement of work (viewed as a main agreement) and its appendices (including these terms and conditions and our privacy policy and collectively referred to as the "Agreement"), JOURNEYBEE and the Customer (hereinafter referred to respectively as "Party" and collectively the "Parties") enter into a binding agreement.
Each of the Parties warrants to the other that it has full power and authority to enter into and perform the Agreement.
JOURNEYBEE undertakes to provide the Service by the provisions of this Agreement as well as any specifications made in its appendixes and the main agreement entered into by the Parties.
JOURNEYBEE grants the Customer a non-exclusive right to use the Service. JOURNEYBEE shall provide access for the Customer to the Service as from the date specified in this Agreement or the main agreement.
Definitions
- "Account" means any account that you may need to register with us to use and maintain use of our Services.
- "Contact Information" means the information set out above.
- "Functions" means the functionality of our offerings, as in the Services we offer to you, our customer/user.
- "Onboarding" refers to the process of assisting you in getting started with our platform and offerings.
- "Platform" refers to the services described in the "Services" section below.
- "Privacy Policy" means our Privacy Policy which describes how we process your data.
- "Services" means the services described under the section "Services" below.
- "Subscription and Subscription Period" is defined under the section "Subscription" below.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States, the EU, and around the world.
The Content and Marks are provided in or through the Services 'AS IS' for your internal business purpose only.
The Services are owned and operated by JourneyBee AB, a company registered under Swedish law. All copyrights, trademarks, trade names, logos, and other intellectual or industrial property rights held and used by us, as well as those presented in the Services (including titles, graphics, icons, scripts, source codes, etc.), are our property or third-party licensors' property and must not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without our written consent.
All intellectual property ("IP"), including but not limited to any data, files, text, and graphic content provided to JOURNEYBEE by the customer "Customer IP", is and shall remain the exclusive property of the Customer (or, where applicable, the third party from whom its right to use the IP has derived).
All intellectual property rights ("IPR"), arising in connection with the Agreement shall be the property of JOURNEYBEE, and JOURNEYBEE hereby grants the Customer a non-exclusive license of such IPR to receive the Services. Such license shall be granted and continue subject to full payment of the applicable Service Fees.
JOURNEYBEE does not screen in advance customer material submitted to JOURNEYBEE for publication/use through the Services. JOURNEYBEE's publication of material submitted by customers does not create any express or implied approval by JOURNEYBEE of such material, nor does it indicate that such material complies with the terms of the Agreement. The Customer must obtain permission and rights to use any information or files that are copyrighted/protected by IPR by a third party. The Customer is further responsible for granting JOURNEYBEE permission and rights for use of the same. Evidence of permissions and authorities may be requested.
The Customer shall indemnify and hold harmless JOURNEYBEE against all damages, losses, and expenses arising as a result of any actions or claims that any materials provided to JOURNEYBEE by or on behalf of the Customer infringe the intellectual property rights of a third party.
The Customer agrees that any delivery of Services may be presented in JOURNEYBEE's portfolio and thus promoted through sales and marketing activities, and hereby grants JOURNEYBEE a revocable, worldwide, non-exclusive license to use its name, logo, and branding for such activities unless otherwise agreed in writing.
For avoidance of any doubt, Customer retains all of its Intellectual Property Rights. JOURNEYBEE'S license to use Customer's trademarks and images shall be limited to logo usage on website (with a link to Customer's website, upon receiving prior written approval and instructions) unless otherwise agreed upon in writing.
Your use of our Services
Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable licence to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access,
solely for your business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@journeybee.io. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately. We reserve the right to seek damages for any breach related to violations of our Intellectual Property Rights.
To commence your use of the Services, you must contact us and set up a customer relationship. To initiate use of our Services, or where applicable, to create an Account, you will be given the information necessary to register for our Services as well as be provided with our specific costs related to our offerings before engaging with our services. Further instructions follow on our website, JourneyBee.io. After this, we will enter into a separate agreement detailing your access and use of our Services and the costs related to this (the main Agreement).
The Customer shall provide to JOURNEYBEE all information, including but not limited to relevant content, text, images, and other files, relevant to the performance of the Services. Furthermore, before commencing any specific project, the Customer shall (if available) review and approve the statement of work and main Agreement as provided by JOURNEYBEE During the term of the Agreement, the Customer shall continuously, with promptness and in good time provide JOURNEYBEE with necessary co-operation, information, materials and data, access to staff and timely decision-making which may be reasonably required by JOURNEYBEE for the performance of the Services.
The Customer shall designate and maintain throughout the term of the Agreement one or several individuals to serve as its primary point of contact for day-to-day communications, consultation, and decision-making regarding the Services provided (each, a "Contact Person"). This shall be provided through the main Agreement.
The Contact Person(s) shall be the contact(s) between the Customer and JOURNEYBEE in connection with day-to-day matters relating to the Services and be responsible for, providing day-to-day consents and approvals, including any financial decisions relating to the Services, on behalf of the Customer and communicating with and providing timely and accurate information and feedback to JOURNEYBEE in connection with the Services. The Customer shall ensure that its Contact Person(s) have the requisite organizational authority, skill, experience, and other qualifications to perform these duties. JOURNEYBEE shall direct all emails and notices to the Contact Person(s).
The Customer agrees to abide by the terms of any third-party software, media, or intellectual property included within any work done or Services provided for the Customer.
The Customer shall, from the Effective Date (the commencement date as provided for through the main Agreement) and onwards, (i) obtain and maintain all licenses, permits, and governmental authorizations necessary to own and/or use its property (including IP), conduct its business, and use the results of this Agreement for its intended purposes and (ii) make sure that these licenses, permits and governmental authorizations are valid and enforceable.
We offer the Services to companies and other legal entities. You warrant that you are authorized to enter into these Terms on behalf of the legal entity as well as to use all functions as presented through these Terms as well as through the information presented on our website.
These Terms, together with the separate statement of work or main Agreement as well as privacy policy, constitute the entire agreement between us about the Services. You warrant that the persons (e.g. employees and representatives) you authorize to use the Services have read and understand the Terms. You are at all times responsible for the use of Services under these Terms as if it was you using the Services.
Your submissions and contributions
Please review this section and the 'PROHIBITED ACTIVITIES' section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services. You are solely responsible for any actions taken through our Services or any content uploaded to our Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. For avoidance of any doubt, do not submit any content or material to us if you do not wish for us to retain ownership over it.
Contributions: Our Services may include functions for uploading information provided or created by you. ("Content"). You are responsible for all distribution and other actions by you and your organization. The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ('Contributions'). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicence the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels, both current and future such media and formats.
This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us content ("Submissions") and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
- confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
- warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
To simplify the onboarding procedure our platform and website offers a personalized onboarding journey where our adaptive system curates a unique journey for every partner. The purpose is both to clarify the procedure of onboarding with us but also to fast-track your operation readiness and deep engagement by delivering only relevant steps and resources. Should you need any further assistance our support is ready to help at support@journeybee.io
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the 'COPYRIGHT INFRINGEMENTS' section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
When you use our Services, you must always comply with all applicable laws, regulations, and public orders. You shall not access our Services other than through interfaces provided by us and as otherwise expressly authorized under these Terms. You may not use the Services in a manner contrary to our, or any third party's, rights and interests. You agree to comply with all instructions and recommendations provided by us from time to time. Furthermore, you understand that JOURNEYBEE does not cooperate with certain industries and does not allow for use of our Platform in industries related to weaponry, pornography or other behavior that we deem is not applicable with our standards and social policy. Please visit our website or contact us for more information regarding this.
You agree to be responsible for all activities that occur within the scope of your use of the Services. Credentials for your access to our Services must be kept secure at all times and you are forbidden to share data relating to your Account/access to our Services with any third parties. Should you suspect that your Account or your credentials have been or are being used by a third party you must contact us immediately.
You also agree not to:
- Defame, abuse, harass, threaten, or otherwise violate the legal rights of any third party or us;
- Publish, post, or - in any other way express - any material or information that is inappropriate, defamatory, infringing, obscene, pornographic, racist, terrorist, politically slanted, indecent, or unlawful;
- Contribute to destructive activities such as dissemination of viruses, spam, or any other activity that might harm us or our Services in any way;
- Monitor the Services' availability, performance, or functionality for any competitive purpose, meaning, for example, that you agree not to access the Services to develop or operate a competitive product or service or copy the Services' features or user interface; or
- Resell or in any way redistribute results or use the Services to create a competing service or product.
We may have to suspend the supply of any of the Services to:
- Deal with technical problems or make minor technical changes; or
- Update changes to the Services to reflect changes in applicable laws and regulatory requirements.
We will contact you in advance for any planned maintenance if we need to suspend the supply of any Service. This does not apply if the problem is urgent or an emergency.
For further information on prohibited activities, see Section 7 of these Terms.
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We are entitled to decline or adjust an order from you and close down your Account or access to our Services if you provide us with untrue, inaccurate, not current, or incomplete information when using our Services. This shall also apply if you fail to comply with these Terms (for example if you have not paid for the Services in time) or other mandatory provisions by law. Upon occurrence of any of these events, we will contact you and request that you remedy your breach of these Terms.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- Bank Transfer
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us (such as VAT applicable in Sweden). We may change prices at any time. All payments shall be in Euros.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services.
Payment for the Services shall be made by the price agreed upon in writing by the Parties in the main Agreement. Payment for use of the Services is made periodically by the payment plan we have agreed upon. You must pay all applicable fees as set out and described for the Services that you have selected. The prices for the Services do not include value-added tax (VAT) unless otherwise specified. The price of the Services provided to you will be the price indicated when you ordered our Services through us as stated through the main Agreement.
We have the right to change the price for the Services. If we change the prices, we will notify you in advance. By continuing to use or access the Services after the price changes come into effect, you agree to be bound by the new charges. You are entitled to cancel your subscription/access ("Subscription Period") to the Services at any time, and you will continue to have access to the Services throughout your current Subscription Period if such a model has been chosen (please contact us if you have any questions regarding the price of our Services and what plan/cost structure that applies to your use of the Services). If you have been offered Services for a specific term and price, that price will remain in force for that agreed time.
We are entitled to perform a credit check where necessary and will inform you if we need to do so. You agree to pay within the set time for the payment method/cost structure you have chosen. We have the right to close down your Account until you have paid for all the charges incurred by you. Payment after the due date may entail late payment fees as well as interest where applicable.
Payment terms are generally specified as 30 days unless otherwise specified in writing upon signing up for our services.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless cancelled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services. Our different tiers/plans are provided for under journeybee.io and you are encouraged to view them prior to entering into this agreement with us. The agreed upon tier of service and price/subscription period will be stated through our main Agreement.
Cancellation
All purchases are non-refundable. You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at support@journeybee.io.
Unless otherwise expressly set out in these Terms, we do not provide refunds other than pro rata refunds for the remainder of a subscription period upon cancellation (if you were entitled to cancellation and if cancellation is not pertaining to amendments in pricing). If cancellation of subscription pertains to pricing, Customer shall be entitled to retain the agreed upon price until the initial subscription period has ended (or otherwise be offered a pro rata refund). We do however strive to keep our customers and users satisfied and invite you to contact us should you have any issues with our Services.
Fee Changes
We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorised framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
- Use the Services to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
8. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
By adding Content to our Services, you warrant that you are a) the owner of the uploaded Content or b) entitled to manage the Content in such a way and that the Content or your use of the Content in no way violates any applicable legislation. We will not supervise whether any Content is lawfully uploaded or distributed through our Services. Furthermore, by adding Content to our Services, you are aware that, depending on the settings of your Account/access to our Services, such Content might be shared with others. We are not liable for any loss of Content and we advise you to always keep your backup of your Content. We do not take any responsibility for the validity of the Content provided or created by you. For further information regarding your use and contribution of Content, we refer you to Section 7 of these Terms regarding prohibited activities.
9. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
10. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a 'Third-Party Account') by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the 'Social Network Content') so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
11. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other websites ('Third-Party Websites') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ('Third-Party Content'). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
12. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
13. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://www.journeybee.io/legal/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Germany. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Germany, then through your continued use of the Services, you are transferring your data to Germany, and you expressly consent to have your data transferred to and processed in Germany. For further information, see our Privacy Policy.
14. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a 'Notification'). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
15. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
The term for our Services commences upon the creation of an Account with us after we have entered into a separate agreement (main Agreement) and shall remain in force during the applicable contractual period (or if applicable, the Subscription Period). If you have chosen a tier of service based, where applicable, on ordering our Services on a case-by-case basis, you will be bound by each subsequent order. JOURNEYBEE may terminate this Agreement with immediate effect by delivering notice of the termination to the Customer if the Customer fails to pay the invoice amount two (2) times over any term.
To terminate the Services simply contact us by using the Contact Information.
Upon termination, your right to access the Services will be revoked immediately. We will also delete or anonymize any personal information about you, except for any personal information that we are required to keep by law. Any Services still ongoing upon termination shall be carried through by these Terms. Obligations arising from any breach of contract during the term of these Terms shall not be affected by termination.
We reserve the right to terminate the contract with you if you:
- Breach or otherwise violate these Terms or any other provisions set up by us; or
- Use the Services in any way that does not comply with the intended purposes or is otherwise harmful to us or any third person.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith. You are not eligible for any compensation for disruption due to modifications and interruptions if said modifications and disruptions have been communicated to you clearly and may be viewed as reasonable given the scope and necessities of the Services.
17. GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws of Sweden, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. Journeybee AB and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Stockholm, which means that you may make a claim to defend your consumer protection rights in regards to these Legal Terms in Sweden, or in the EU country in which you reside.
18. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a 'Dispute' and collectively, the 'Disputes') brought by either you or us (individually, a 'Party' and collectively, the 'Parties'), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Stockholm, Sweden. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of Sweden.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
19. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
20. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
21. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Our liability to you will furthermore be limited as follows:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for Services under the applicable order/contract. We have no liability if you use the Services under a trial period or otherwise free of charge.
We are not in any event liable for loss of profit or other indirect damage. Furthermore, we are not liable for your liability towards a third party.
You do not have the right to claim damages unless such a claim is made within six (6) months from the time the damage occurred.
The Customer is solely responsible for its use of our Services.
22. INDEMNIFICATION
Each party ("Indemnifying Party") agrees to indemnify and hold harmless the other party ("Indemnified Party") from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of:
- for the Customer: intentional misuse of the Services or material breach of these Terms, excluding claims caused by the Service Provider's negligence, willful misconduct, or breach of law;
- for the Service Provider: any allegation that the Services infringe or misappropriate third-party intellectual property rights.
The Indemnified Party retains the right to conduct and control the defense and settlement of any indemnified claim, with the Indemnifying Party's right to participate at its own expense. No settlement shall be made without prior written consent, not to be unreasonably withheld.
23. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
You acknowledge that you are the data controller for any personal data processed by us on your behalf in conjunction with your use of the Services.
More information about how we process personal data can be found in our Privacy Policy.
Upon termination of the Agreement, a copy of the Customer's data shall, on a request from the Customer that shall be made at the latest 60 days from the termination of the Agreement, promptly be returned to the Customer or a person designated by the Customer, and any parts which exist electronically shall if the Customer so wishes and to the extent reasonable, be submitted in electronic form by the Customer's instructions.
After the expiry of such 60 days, and unless otherwise required by applicable law, JOURNEYBEE may destroy such Customer's data, or differently make it inaccessible to the Customer.
In the relationship between the Customer and JOURNEYBEE, the Customer is the holder of all rights about the Customer's data unless otherwise followed by the Agreement.
The Customer is liable for and shall indemnify and hold JOURNEYBEE harmless from and against, any infringement by Customer's data of any third party right or any other non-compliance with applicable law.
When processing personal data within the scope of our Services, the Customer is the data controller and JOURNEYBEE is the data processor. As a data controller, it is the Customer's responsibility that personal data is processed by applicable legislation. JOURNEYBEE undertakes that it will only process personal data by the Agreement and the Customer's written instructions. Where the requested action does not follow from the Agreement, JOURNEYBEE shall be remunerated for following the Customer's written instructions. JOURNEYBEE shall implement the agreed technical and organizational measures to protect personal data. JOURNEYBEE shall be prepared to comply with any orders issued by any governmental authority by law about any measures required to fulfill the stipulated security requirements for the Customer's data. Where JOURNEYBEE incurs extra costs for complying with amended security requirements, the Customer shall compensate JOURNEYBEE for any such costs. JOURNEYBEE shall immediately notify the Customer upon discovering any completed or attempted unauthorized access to, destruction of, or amendment to the Customer's data.
JOURNEYBEE shall allow any inspections that a governmental authority may be entitled to require under the law about personal data processing. JOURNEYBEE may charge the Customer for any costs in connection with the implementation of such inspection.
When using a subcontractor who processes personal data (a "Subprocessor"), JOURNEYBEE, as the Customer's representative, shall sign an agreement with the Subprocessor, according to which the Subprocessor, shall act as data processor. Where personal data will be transferred to a country outside of the EU/EEA, JOURNEYBEE shall ensure that the Subprocessor signs the EU's standard agreement clauses for transferring personal data to a third country. The same actions shall be applied regarding personal data related to US customers where JOURNEYBEE shall act following relevant US legislation. JOURNEYBEE shall be entitled to sign any relevant processing agreement as a representative of the Customer.
JOURNEYBEE takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of personal data. Personal data processing is carried out using computers and/or IT-enabled tools, following organizational procedures and modes strictly related to the purposes indicated in our Privacy Policy and Terms of Use.
The personal data concerning our users is collected to allow JOURNEYBEE to provide its Services, comply with its legal obligations, respond to enforcement requests, protect its rights and interests (or those of its users or third parties), detect any malicious or fraudulent activity, as well as the following registration and authentication, hosting and backend infrastructure, managing data collection and online surveys, infrastructure monitoring, user database management, handling payments, managing contacts and sending messages, traffic optimization and distribution, tag management, analytics and displaying content from external platforms.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
25. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
26. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
We may modify these Terms at any time. In the event of changes that are not minor and may affect you, you will be notified via email or our website. You are responsible for keeping yourself informed of any changes to the Terms. The latest version of the Terms will be available on our website. Amendments to the terms and conditions become effective the business day following the day they are posted.
All new functionalities, features, and content introduced and added to the Services or the website will be subject to what is stipulated in the Terms as well as our main Agreement.
The Agreement and its appendices as well as the statement of work/work order and any main Agreement entered into between the Parties constitute the entire agreement between the Parties on all issues to which the Agreement relates. The contents of this Agreement and its appendices as well as the statement of work/work order and any main agreement entered into between the Parties supersede all previous written or oral commitments or undertakings.
Neither Party may assign this Agreement or the rights and obligations thereunder to any third party without the prior express written approval of the other Party which shall not be unreasonably withheld.
Any notice required to be given to the Customer shall be delivered via email. If changes are implemented email notifications must be sent to Customer. If changes negatively affect Customer ("adverse effect") Customer is entitled to terminate Agreement.
JOURNEYBEE may, in its sole discretion, make any changes to the Services that it deems necessary or useful to:
- Maintain or enhance;
- The quality or delivery of JOURNEYBEE's products or Services to its customers;
- The competitive strength of, or market for, JOURNEYBEE products or services as well as such Service's cost efficiency or performance.
JOURNEYBEE may at any given time have to amend these Terms as well as its Services in general in compliance with applicable law. Should you have any questions about our compliance with legislation in your given jurisdiction, please feel free to contact us. JOURNEYBEE strives to be compliant with all applicable law in any jurisdiction where we are active but recognize that new developments in both law, case law, and technology, in general, may lead to a learning curve in certain situations. As such, we humbly accept any possible feedback from our users and customers.
Confidentiality
The Parties hereby undertake, during the term of the Agreement and thereafter, not to disclose to any third-party information regarding the Agreement, nor any other information which the Parties have learned as a result of the Agreement, whether written or oral and irrespective of form ("Confidential Information"). The Parties agree and acknowledge that the Confidential Information may be used solely for the fulfillment of the obligations under the Agreement and not for any other purpose. The receiving Party further agrees to use, and cause its directors, officers, employees, sub-contractors, or other intermediaries to use, the same degree of care (but not less than reasonable care) to avoid disclosure or use of Confidential Information as it uses concerning its own confidential and/or proprietary information.
This confidentiality undertaking does not apply to information which:
- a) at the date of its disclosure is in the public domain or at any time thereafter comes into the public domain (other than through breach of this Agreement); or
- b) The receiving Party can evidence that was in its possession or was independently developed at the time of disclosure and was not obtained, directly or indirectly, by or as a result of a breach of a confidentiality obligation.
This confidentiality undertaking shall not apply to the extent that any Party is required to disclose information by law or according to any order of a court or other competent authority or tribunal or by any applicable stock exchange regulations or the regulations of any other recognized marketplace. If any Party would be required to make any such disclosure, each Party undertakes to give the other Party immediate notice before any such disclosure. Each Party also agrees and undertakes to use its best efforts to ensure that any information disclosed under this section, to the extent possible, shall be treated confidentially by anyone receiving such information.
Unless otherwise followed by applicable law, JOURNEYBEE's pricing information or other information that a Party specifies as confidential shall always be regarded as a business or professional secret.
This confidentiality undertaking shall survive any termination of this Agreement and shall remain in force during a period of three (3) years thereafter.
Competition and non-solicitation
Customer agrees not to, either directly or indirectly, engage in any activities that may compete with JOURNEYBEE or its business during the Term of the Agreement and for a period of six (6) months thereafter.
During the term of the Agreement and for a period of two (2) years thereafter (regardless of the timing or reason for termination), the Customer will not, directly or indirectly, for himself or on behalf of any other person or entity, solicit, assist or in any way encourage any employee or consultant of JOURNEYBEE, which includes all JOURNEYBEE subsidiaries or of any entity affiliated therewith, to terminate his or her employment or consulting relationship with JOURNEYBEE or any such entity. JOURNEYBEE is entitled to a fine corresponding to SEK one million (1 000 000) for each violation. If JOURNEYBEE's damage due to the breach of non-solicitation exceeds the aforementioned penalty, JOURNEYBEE shall be entitled to compensation from the Customer that includes such excess amounts.
Assignment
JOURNEYBEE may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without prior notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of JOURNEYBEE. The performance of the Services may be made by JOURNEYBEE, one or more affiliates of JOURNEYBEE, or subcontractors of any of the foregoing entities. For purposes of this Agreement, the performance of the Services by any of the aforementioned provided shall be deemed performance by JOURNEYBEE itself. JOURNEYBEE shall remain fully responsible for the performance or nonperformance of the Services by any of these providers. The Customer may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of JOURNEYBEE. Any such requests for the assignment of rights will be handled at the sole discretion of JOURNEYBEE.
Force majeure
We are not responsible for delays and defects outside our control. If our Services are disrupted or are otherwise delayed by an event outside our control, we will take steps to minimize the effect of the delay.
Neither Party shall be liable for any failure in performance of the obligation under this Agreement due to cause beyond that Party's reasonable control (including and not limited to any pandemic, fire, strike, act, or order of public authority) during the pendency of such event.
When the Force Majeure Event has persisted for six (6) months, each Party shall be entitled to terminate the Agreement with immediate effect.
27. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Journeybee ABFiskebäcks Hamn 34
426 58 Västra Frölunda
Västra Götalands län
Sweden
support@journeybee.io