This is a legally binding agreement between BusinessVibes OÜ, referred to herein as “Business Vibes, We, Our”, and you (either an individual or an entity), referred to herein as “YOU. This web-based software entitled BVP and all materials included in it are referred to herein as the “ BVP SOFTWARE”. Opening, signing up, logging in, or using all or any portion of this web-based software indicates your acceptance of all the terms and conditions of this End-User License Agreement referred to herein as “ Terms & conditions” , By Signing Up to a Free Trial, or subscribing to this software , you are providing your acceptance of the terms of this agreement. This agreement is enforceable against you and any legal entity that obtained the web-based software. If you do not agree to the terms of this agreement, do not use this software.
IT IS STRICTLY PROHIBITED AND ILLEGAL TO DISTRIBUTE, OFFER FOR SALE, LICENSE OR SUBLICENSE, GIVE OR DISCLOSE TO ANY OTHER PARTY, THIS WEB-BASED SOFTWARE OR THE DIGITAL FORM OR ANY OTHER MEDIUM WHETHER EXISTING OR NOT YET , EXCEPT PERMITTED BELOW. Please read them carefully. You are deemed to have read, understood, and accepted the terms & conditions of this agreement when you use BVP Software.
BVP is sold as a Software-as-a-Service (SaaS) and requires Clients to have a valid membership subscription. You are granted a limited, non-exclusive license to use BVO online Software from any devices. The license granted herein shall remain in effect perpetually but shall terminate upon your use of BVP Software beyond the scope licensed herein or upon your violation of any term or condition hereof. All protections with which Business Vibes is provided under this Terms & conditions agreement shall survive the termination of your license to use BVP Software.
BVP is sold as a Software-as-a-Service (SaaS) and requires Clients to have a valid membership subscription. We accept payments with Credit Cards, Debit Cards, Digital Wallets and SEPA Direct Debit scheme.
By subscription purchasing this software, you agreed to enroll in our automatic renewal service. This keeps your products up and running, automatically charging renewal fees to your payment method, with no further action on your part, unless you opt-out from automatic renewal or cancel your membership. You can update your payment method, manage your subscription, or cancel at any time by visiting the Billing page under your account.
I. Account cancellation policy: Once a user submits a request for cancellation, no additional charges will be made. However, no refunds are provided upon cancellation. If you cancel before an upcoming renewal date, you will have access to your Account through the end of the subscription period.
II. Cancellation of automatic renewal: Subscription purchased through the Business Vibes Store will renew automatically at the end of the term. Your payment methods is charged at the end of each subscription period and a renewal confirmation notice is sent to the account administrator’s email address. Notification of upcoming renewal is sent to the account administrator’s email address 7 days before renewal. If you wish to turn off the automated renewal, you can do so any time from your online account under My Account/Billing.
III. Free trial: Business Vibes offers a free trial version for BVP. We do not request credit card information when signing up to the free trial. The free trial allows anyone to use BVP Software, however, it does not allow you to Download, Export, Print or Copy. You need to purchase and activate BVP Software to be able to fully use BVP.
IV. Failed renewal & account suspension: If your credit or other payment methods is closed or expired, or for any reason a charge is rejected, you will be requested to update your Billing Information and supply a new payment method to keep your account active. If a charge is rejected, your access to the BVP software will be suspended until you update your account information, and the payment is successful.
Business Vibes and its suppliers retain all title, ownership, and intellectual property rights in BVP Software, including but not limited to all supporting documentation, files, marketing material, images, multimedia and applets. BVP Software is protected by copyright and other intellectual property laws and by international treaties. BVP Software may include security measures designed to control access and prevent unauthorized copying and use. You agree not to interfere with any such security components. Business Vibes permits you to download, use, or otherwise benefit from the functionality or intellectual property of BVP Software only in accordance with the terms of this agreement. Use of third party material included in BVP Software may be subject to the terms and conditions typically found in the third party's license agreement.
BVP Software contains trade secrets and proprietary know-how that belong to Business Vibes and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF BVP SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF BUSSINESS VIBE’S TRADE SECRET RIGHTS.
You may not:
I. Lease, sell, sublicense, assign or transfer your rights in BVP Software, or authorize any portion of BVP Software to be used by another individual or legal entity.
II. Modify or create any derivative works of BVP Software, including customization, any modifications or enhancements, translation, or localization without Business Vibes's express written consent.
III. Reverse engineer, decompile, disassemble, make or otherwise attempt to derive the source code of BVP Software, or the underlying ideas or algorithms of BVP Software.
IV. Attempt to gain unauthorized access to BVP Software, Business Vibes servers or any other service, account, computer system or network associated with BVP Software or with Business Vibes, it's affiliates, agents, partners and customers.
V. Remove or alter any trademark, logo, copyright or other proprietary notices or symbols in BVP Software.
VI. Block, disable, or otherwise affect any advertising, banner , tab, link to websites and services, or other features that are part of BVP Software.
VII. Incorporate, integrate, or otherwise include BVP Software or any portion thereof into any software, program, or product.
VIII. Provide false information when registering to BVP Software.
IX. Use BVP Software in any way that violates this agreement or any law.
X. Authorize or assist any third party to do any of the things described in this section.
XI. Refer to the existence of this agreement in any press release, website, advertising or any publicly distributed or accessible material, without the prior written consent of Business Vibes.
Certain portions of BVP Software may be locked or unavailable in the free version. In order to upgrade or use additional content and features you must pay a fee to obtain a valid Software license key. All Software license key holders are subject to the terms and conditions of this agreement.
Certain features or content of BVP Software may require the purchase of a Software license. You agree not to attempt to, and not to, control, disable, modify, or remove any component of BVP Software license key protection system. You also agree not to access, attempt to access, copy, share or distribute the license key for any purpose.
BVP Software is configured to automatically check for updates. By using BVP Software, you consent to receiving software updates, modifications, and/or patches that address issues such as security, interoperability, and performance. Your use of the updates shall be governed by this agreement.
SOFTWARE IMPROVEMENT PROGRAM. By participating in the Business Vibes Software Improvement Program, you allow Business Vibes to collect anonymous information relating to your use of BVP Software, such as the frequency of your use of BVP Software and of certain features, and information on errors occurring during your use of BVP Software. This anonymous usage data will be used to diagnose performance issues and improve the reliability of BVP Software and its features. This data will not be tied to any information that would personally identify you.
EXCEPT AS REQUIRED BY LAW, BUSINESS VIBES AND ITS EMPLOYEES, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE BVP SOFTWARE, INCLUDING WITHOUT LIMITATION DAMAGES OR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED.
YOU ACCEPT BVP SOFTWARE “AS IS” AND WITH ALL FAULTS (IF ANY). BUSINESS VIBES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUSINESS VIBES MAKES NO WARRANTY OR REPRESENTATIONS REGARDING YOUR USE OF THE SOFTWARE, OR THE SUITABILITY OF THE SOFTWARE TO MEET YOUR SPECIFIC NEEDS. THE SOFTWARE CONTENT ARE DETAILED, BUT GENERIC IN FORM. THERE MAY BE APPLICABLE CONTENT IN YOUR INDUSTRY/COUNTRY THAT NEED TO BE ADDRESSED.
Business Vibes makes no warranties with respect to BVP software as described above and as such, there should be no reason for you to bring any grievance against Business Vibes. However, if you do bring any action, claim, or demand against Business Vibes, and you do not substantially prevail, you shall pay Business Vibes’s entire attorney fees and costs attached to such action. In the same token, if Business Vibes is forced to take legal action to enforce this agreement or any of its rights described herein or under any law, you will pay Business Vibes’s attorney fees and costs.
Business Vibes reserves all rights not specifically granted to you above. Business Vibes will have the right to proceed against you in the event that you infringe against Business Vibes’s rights. Any use not within the precise scope of the license set forth herein will be considered an infringement. You acknowledge and agree that Business Vibes’s damages in the event of your violation of this agreement will be substantial and that Business Vibes will suffer irreparable harm in such event. As such, Business Vibes shall have the right to obtain equitable remedies, including but not limited to recovery of damages, obtaining injunctions, recovering statutory damages, recovering attorney fees, and any other available legal remedy.
Business Vibes shall have the sole and exclusive right to immediately terminate this agreement and suspend your license to use BVP Software should you fail to perform any obligation required under this agreement, engage in activity that Business Vibes deems harmful to its well-being.
If any part of this agreement is found void and unenforceable, it will not affect the validity of others terms & conditions of this agreement, which will remain valid and enforceable. Business Vibes's waiver of breach of this agreement shall not constitute an amendment to this agreement or Business Vibes's waiver of subsequent breaches.
Business Vibes reserves the right to unilaterally amend all offers, pricing terms or other matters pertaining to the BVP Software or this agreement. No course of dealing or trade usage shall be deemed to amend the terms of this agreement.
Business Vibes may provide notices to you via (i) email if you have provided Business Vibes with a valid email address, or (ii) by posting the notice on the Business Vibes website or BVP Software which Business Vibes owns and operates. You may withdraw your consent for electronic notices.
This agreement shall be governed by and construed under the laws of Estonia. You consent and agree that all legal proceedings relating to this agreement shall be maintained in courts within Estonia, and that jurisdiction for such proceedings shall lie exclusively with Estonian courts.
This Terms & Conditions is the entire agreement between Business Vibes and you relating to use of BVP Software and it supersedes any prior discussions, undertakings, warranties, communications or advertising relating to BVP Software.
BusinessVibes OÜ (registry code 16186171), Harju maakond , Tornimäe tn 7-26, 10145Tallin, Estonia
Business Vibes and BVP, are either the registered trademarks or trademarks of Business Vibes OU in the Estonia and/or any other countries.