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EverBee

EverBee

Terms of Service

Welcome to EverBee, a software service provider that is used for Etsy product research and revenue analytics. With EverBee you can quickly take actions and start growing your business.

 

Please read these Terms of Service, the Privacy Policy. Together, these TWO (2) artifacts form a unified agreement (“Agreement”) that applies to all users of our Software. This Agreement is between EverBee (“EverBee”, “We”, “Our” or “Us”) and the natural or legal person agreeing to it (“Customer”, “You” or “Your”) and contains important information about Your use of Our Site and / or Software.


BY USING OR ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED IN THE TERMS OF USE BY REFERENCE, INCLUDING, BUT NOT LIMITED TO EVERBEE PRIVACY POLICY (COLLECTIVELY, THIS “AGREEMENT”). BY USING OR ACCESSING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE. THIS AGREEMENT IS LEGALLY BINDING AND CONDITIONS YOUR USE OF THE SERVICES. If you do not agree to all the terms and conditions of this Agreement, you must discontinue use of the Services.

If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity.

  1. Account Registration and Access

    To use the software, you must create an account by providing EverBee with all required information and accepting this agreement. You agree to provide EverBee with complete and accurate information upon registration and to keep such information up to date.

    EverBee may access your account, or information associated with your account, to provide support or maintenance, for security-related reasons, or any other business purpose. You acknowledge and consent to such access.

  1. Fees

    2.1 Subscription terms. Subscription Plans are billed in advance of their respective terms and automatically renew at the end of their respective terms for an equivalent term, or as otherwise stated in the Order Form, unless customer chooses not to renew such plan by writing to EverBee at hello@everbee.io Or EverBee terminates the Agreement.

    2.2 Payment of fees. As an express condition of your use of and access to the Services, you agree to pay all fees applicable to your Plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Services.

We will bill the fees due under your Plan to the credit card you provide to us during registration (or to a different credit card if you change your payment information). You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your Plan, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts. We reserve the right to deactivate your access to the Services for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in U.S. Dollars.



2.3 Credit card payments. All fees for your Plan will be billed to your credit card. You authorize the card issuer to pay any amounts described herein and associated with your Plan and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account until you, or we, cancel or terminate your Plan as provided herein or these amounts are paid in full, whichever is later.

You must provide current, complete and accurate billing and credit card information. Furthermore, you must promptly update all billing information (such as billing address, card number and expiration date) to keep your account current, complete and accurate, and you must promptly contact EverBee if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your EverBee username or password).

2.4 Refunds. If you contact us within three (3) days of purchasing any EverBee services to terminate such services, we will refund the amount of your LAST PAYMENT to EverBee. This provision shall apply to monthly, yearly and/or lifetime service plans.

2.5 Upgrade and downgrade terms. If you upgrade your Plan level, your credit card will immediately be charged a pro-rated amount reflecting the increased rate, and you will be charged the full amount of the new rate beginning with your next billing cycle. If you downgrade your Plan level, your credit card will automatically be charged the new rate beginning with your next billing cycle. Downgrading your Plan may cause the loss of account content, features, or capacity. EverBee does not accept any liability for such loss.



2.6 Free plan. EverBee may offer, during the registration process, a free plan during which you can try out the software from the date you register to use the EverBee without pre-paying in advance (“Hobby Plan”). To view the specific details regarding the Free (Hobby) plan, if any, visit the EverBee Website.


  1. Termination

    3.1 EverBee may terminate your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately. EverBee shall notify you via email to your registered email account if we terminate your account.

    3.2 If you wish to terminate this Agreement or your account, you may follow the cancellation request routine available on the platform or email hello@everbee.io and then following the specific instructions indicated to you in EverBee’s response.

    3.3 Notwithstanding the foregoing, if you have an account, it can be terminated by EverBee if you materially breach this Agreement and fail to cure such breach within thirty (30) days from EverBee’s notice to you thereof; provided that, EverBee can terminate the Service immediately as part of a general shut down of our service. EverBee shall notify you via email to your registered email account if we terminate your account. 

    All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

  1. Licenses to EverBee

    4.1 License to EverBee software. Except as otherwise stated herein, all rights, titles, and interest in our site and/or the software and any content and Intellectual Property Rights contained therein is the exclusive property of EverBee. Unless otherwise specified, the software is for your limited use only and if you copy or download any information from this site and/or software, You agree that you shall not remove or obscure any copyright or other notices contained in any such information.

4.2 License to client data. As between you and EverBee, you shall retain ownership of any information, data and statistics that EverBee obtains from your website, such as raw data and log files generated by and/or provided to the Services. You hereby grant to EverBee a royalty-free, non-exclusive, irrevocable, right and license to access your registered web page(s) and to access and log (a) any information concerning users’ actions, entries, or activities on your web page(s), (b) any information sent to you by users’ web browsers concerning users’ web activities immediately prior to visiting your web page(s) (e.g., URL information and HTTP header information), and/or (c) any data or other information you provide to EverBee (collectively “Client Data”) for the purposes of (i) providing you with reports and other functions related to the Services; (ii) analyzing and improving the Services; and/or (iii) compiling aggregate data derived from your use of the Services to compile statistics, metrics, insights and general trend data about the Services for, among other things, EverBee’ marketing and promotional purposes. This information will be presented only in aggregate form, and we will not share specific site data that identifies you or your visitors without your permission.

You represent and warrant that you have all rights, licenses, and consents required to license Client Data to EverBee on these terms, and further represent and warrant that this license does not infringe the rights of any third party or violate any applicable law or regulation.


  1. Amendment

    This Agreement will only be amended by our posting new terms on this Website. These new terms will then be incorporated into the existing Agreement. If there is a conflict between the existing terms and the new terms, the new terms shall control.

  2. Links to other Websites

    EverBee may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that EverBee shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

  1. Disclaimer of Warranties

    The information, reports and services included in or available through the services may include inaccuracies or typographical errors. Changes are periodically added to the information herein. EverBee and/or its respective vendors may make improvements and/or changes in the Services at any time, without obligation to notify any person or entity of such changes.

    The Services may contain links to third party websites (“Third Party Websites”). Access to Third Party Websites is at your own risk and EverBee is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on Third Party Websites.

  2. Limitations

    NEITHER EVERBEE, NOR OUR AFFILIATES, LICENSORS, AND THEIR RESPECTIVE INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, CONSULTANTS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL BE LIABLE TO YOU OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY CLIENT VISITORS, FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICES), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH.
    EverBee shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

  3. Governing law

    Enforcement of any dispute relating to this Agreement will be governed by the laws of the State of California. The exclusive jurisdiction and venue for any claims arising out of or related to this Agreement or Customer’s use of the Application Services is in the state and federal courts located in the City and County of San Diego, California, and Customer irrevocably agrees to submit to the jurisdiction of such courts.

  4. Confidential information, feedback


10.1 Confidential Information. “Confidential Information” shall mean all information provided by You or Us, whether orally or in writing, which information is designated as or is by its nature not intended to be public. The parties acknowledge that during the performance of this Agreement, each party will have access to certain of the other party’s Confidential Information or Confidential Information of third parties that the disclosing party is required to maintain as confidential. Both parties agree that all items of Confidential Information are proprietary to the disclosing party or such third party, as applicable, and will remain the sole property of the disclosing party or such third party.

 

10.2 Feedback. If a Customer or its Authorized Users provide EverBee any suggestions, recommendations, or other feedback relating to EverBee’s current or future products or services, including Beta Services (“Feedback”), EverBee shall have the right to use the Feedback in any manner, including, but not limited to future enhancements and modifications to the Application Services. By submitting any User Content to the In services other than on the Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, aggregate, reproduce, distribute, prepare derivative works of, display, and perform such user content solely for the purpose of providing the services. You are not entitled to any acknowledgment, compensation or reimbursement in connection with such Feedback or grant of rights to same. By providing such Feedback, you acknowledge and agree that: (a) your Feedback do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the Feedback.


  1. Changes

    EverBee.io reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the platform following the posting of any changes to this Agreement constitutes acceptance of those changes. EverBee.io may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

  2. Contacting us


If a customer has any questions or concerns about the Application Services or this Agreement, the Customer may contact us by email at hello@everbee.io

AFFILIATE PROGRAM AGREEMENT

 

By signing up to be an affiliate in EverBee’s Affiliate Program (the “Program”) you agree to be bound by the following terms and conditions (the “Terms”). Please ensure that you read them carefully before signing up.

 

We reserve the right to update and change the Terms from time to time without notice. Any amendments, modifications, enhancements or changes to the Program including the release of new features and resources made available by us from time to time shall be subject to these Terms. Continued use of the Program after any such changes shall constitute your consent to such changes. Any violation of these Terms may result in, among other things, termination or suspension of your rights to be an Affiliate and forfeiture of any outstanding affiliate referral fee payments earned during the violation.

 

  1. Account Registration & Terms

    You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign-up process for an Affiliate account (“account”).

    You may not use the Program for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction (including but not limited to copyright laws).

  2. Commission

    For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate referral links.

    We will only pay commission on links that are automatically tracked and reported by our systems. For our systems to track the referral, the visitor must have cookies enabled. We will not pay referral fees if someone says they signed up through you, but it was not tracked by our system.

    If the Affiliate is on a one-time payment option, they will receive a commission for each new signup. If the Affiliate is on a recurring payment schedule, they will continue to accumulate commissions for each paid transaction by the customer for all payments within 12 months.

    The referral fee is 30% of our revenue from customers that you refer. The referral fee will be credited to your Affiliate account once the customer pays their subscription.

  3. Payment

    Payments are “Due” 30 days after the successful earned commission and are sent at the beginning of each month. Payments will be paid out via PayPal.

    Customer payments refunded or payments charged-back due to credit card fraud do not qualify for referral fees. We may delay crediting of referral fees subject to risk analysis considerations and Anti-Money Laundering procedures.

    We reserve the right to disqualify referral fees earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. If we suspect fraud (for example, if we see that signups are all from the same city or IP address) we may require you to prove that the referrals are valid.

    3.1 Upgrades/downgrades. You will receive additional commission if a customer upgrades to a higher tiered product in the future. If a customer downgrades, you will receive the commission associated with that downgrade. 

  1. Customer definition

    Every customer who buys a service through this program is deemed to be a customer of EverBee Software. Accordingly, all of our rules, policies, and operating procedures concerning pricing, customer orders, customer service, and services sales will apply to those customers. We may change our policies and operating procedures at any time. EverBee Software is not responsible for any representations made by the Affiliate that contradict our rules, policies or operating procedures.

  2. Term and Termination

    Either party has the right to terminate the agreement immediately without prior notice.

    If the Affiliate terminates the agreement, no further commissions from EverBee will be paid for any past or future customer transactions.

 

  1. Limitations

    NEITHER EVERBEE, NOR OUR AFFILIATES, LICENSORS, AND THEIR RESPECTIVE INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, CONSULTANTS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL BE LIABLE TO YOU OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY CLIENT VISITORS, FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICES), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH.
    EverBee shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

  2. Entire agreement

    These Terms and any document expressly referred to in it represents the entire agreement between us in relation to the use of the Program and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.

    We each acknowledge that, in entering into these Terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these Terms except as expressly stated herein.

    Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into these Terms (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.


Governing Law


This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of California, without regard to its conflict of laws rules.