Image Description

Terms and Conditions

Last updated: January 17th, 2020.

Introduction

These RouterBee Terms and Conditions (the “Terms”) govern the access and use of the website https://www.routerbee.com and the related services (collectively, “RouterBee”) by an individual user or business entity (“you” and “your”).

By accessing and using RouterBee, you agree to the terms and conditions set out below. These Terms apply whenever you access RouterBee, regardless of whether it is by telephone, computer or other device.

1. General

1.1. About RouterBee. RouterBee is a business-to-business software-as-a service product that monitors the status of the availability of your website and sends notifications in case website downtime or errors. By accessing and using RouterBee, you understand and are that RouterBee is a monitoring and not a preventative service.

1.2. Age limitation. RouterBee should not be accessed and used by individuals under the age of 18.

1.3. License to use RouterBee. We grant you a personal, revocable, non-exclusive, non-transferable and limited license to use RouterBee pursuant to these Terms.

1.4. Disclaimer. Although we regularly monitor the information available on RouterBee, we do not guarantee the accuracy, reliability, currency, relevance, and completeness of the information available on RouterBee.

1.5. Third parties. These Terms apply to your use of RouterBee only. Unless otherwise provided by the applicable law, we are not responsible or liable in any manner for the acts and omissions of third parties, the quality of services provided by third parties, and security and privacy practices deployed by the operators of third-party websites, applications, and services referred to from RouterBee.

1.6. Support. Any requests for customer or technical support regarding RouterBee should be addressed to us by email at [insert your email address]. Technical support is only provided to you if you pay the applicable Fees (as defined below). Verbal or written abuse of any kind (including threats of abuse or retribution) of any Company customer, Company employee, member, or officer will result in immediate termination of your Account (as defined below).

1.7. Privacy. We are committed to protecting your right to privacy and complying with applicable data protection laws. Therefore, before using RouterBee, you are strongly encouraged to review our privacy policy available at https://www.routerbee.com/privacy (the “Privacy Policy”) which explains in detail our practices and procedures for collection and processing of personal data through RouterBee.

2. The Account

2.1. To access the full functionality of RouterBee, you are required to sign up by creating a user account (the “Account”). The Account can be registered by submitting the requested information, accepting these Terms, and reviewing the Privacy Policy. If you do not agree with one or more provisions of the said documents, you are not allowed to register the Account; by registering the Account, you acknowledge and agree that you have read the said documents. We may monitor and review new Accounts and refuse the registration of any Account at our sole discretion.

2.2. Authorisation to create the Account. An individual acting on behalf of a business entity (the “Entity”) in accepting these Terms warrants and undertakes that the individual has the requisite power and authority to act on behalf of the Entity and bind the Entity to these Terms. By creating the Account and providing the details of the Entity, the individual confirms that the individual is an authorised employee, contractor, or representative of the Entity and has the necessary rights and authority to act on behalf of the Entity. We are not responsible in any manner and bear no liability for your activities carried out without such authorisation.

2.3. By completing the registration of the Account, you acknowledge, agree and warrant that:

• You are a human being; Accounts registered by automated methods (e.g. “bots” or other) are not permitted;

• You are responsible for all activity and all data, images, graphics, photos, links, and text that is uploaded under your Account (collectively, “Your Content”);

• You are responsible for successful and correct setup and installation of RouterBee on your device/software;

• You are at least 18 years old;

• You have the necessary authorisation and permission to create the Account;

• You will provide a valid email address and other true, accurate, complete, and up-to-date information needed in order to complete the signup process and use RouterBee;

• You are solely responsible for keeping your password secure. The Company cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account, username, and password;

• You may not use RouterBee for any illegal or unauthorised purpose nor may you, in the use of RouterBee, violate any laws in your jurisdiction (including but not limited to intellectual property laws); and

• You will not transmit any worms, malware, spyware, viruses, or any code of a malicious or destructive nature.

2.4. Security of Account. You must immediately notify us of any unauthorised use of the Account or any other breaches of security. You are responsible for using secure Internet connection and protected networks when accessing RouterBee. The Company cannot and will not be liable for any loss or damage resulting from your failure to take precautions, as necessary to protect the your devices from viruses, malware, worms, Trojan horses, and other harmful or destructive content.

2.5. Termination of the Account. A breach or violation of any provision of the Terms, as determined in the sole discretion of the Company, will result in an immediate suspension or termination of your Account. We reserve the right to modify or terminate your access to RouterBee at any time for any reason, with or without notice. Without limiting the foregoing, the Company may limit, suspend or terminate your Account if we suspect that (a) you have engaged in unlawful or fraudulent activity in connection with RouterBee, (b) you have used RouterBee in violation of any applicable laws, or (c) your use of RouterBee is considered excessive. If we delete the Account for the foregoing reasons, you may not re-register. We may also suspend or terminate the Account upon a lawful request of a public authority.

2.6. Cancellation of the Account. You may cancel your Account at anytime by notifying us by email. Once your Account is cancelled, Your Content will be immediately and permanent deleted from RouterBee, these Terms shall terminate, and the services provided through RouterBee shall cease.

2.7. Free Account. Free accounts are not guaranteed to be accessible forever. Upon policy changes, free accounts may be discontinued and/or require upgrade to continue usage.

3. Payment Terms

3.1. The Fees. The services offered through RouterBee are subject to the applicable service fees (the “Fees”) payable by you. The schedule of the Fees is available on RouterBee (https://www.routerbee.com/plans) or communicated to you personally. Unless indicated otherwise, the Fees include applicable sale tax. The Fees are charged automatically on a monthly or annual basis within the term of the service contract. By concluding a service contract with us, you agree to pay the Fees in accordance with these Terms, the terms and conditions of the respective Fees, and other terms and conditions in force at the moment the service contract is concluded. The Fees are indicated in United States dollars (USD) and remain valid for as long as (i) they are indicated on RouterBee, (ii) as communicated by us, or (iii) your service contract lasts. The Fees are subject to a change without a prior notice. Any changes to the Fees will be made available to you, on RouterBee, and, if necessary, we will request you to provide consent to the amendments of the Fees.

3.2. Payment. All payments are processed by our third-party payment processor Stripe (the “Payment Processor”). The Payment Processor handles all steps in the payment process through its systems, including data collection and data processing. You are responsible for ensuring that all payment information is correct and the funds necessary for paying the Fees are available. You further agree not to hold the Company liable for payments that do not reach the Company because you have quoted incorrect payment information or the Payment Processor refused the payment for any other reason. When your billing period is over, you will be automatically billed through your credit card on file. You will have 14 days to dispute any billing issues. Your failure to make payment within 7 days of invoice will result in the restriction of your access the the Account. Your failure to make payment within 14 days will result in the services being disabled and may result in your Account being terminated.

3.3. Cancelling the Fees. You are entitled to cancel then-current payment plans and the Fees related thereto at any time though the Account or by contacting us directly. No Fees already paid for the respective subscription plan shall be returned to you. After the cancellation of your subscription plan becomes effective, no further Fees shall be charged to you.

3.4. Free Account. The Company offers a free account with limited functionality for the purpose of evaluating paid plans. Free accounts can be terminated upon policy change.

3.5. Refunds. Taking into account that the Company offers the Free Trial, the Company does not provide refunds for partial months of service, upgrade/downgrade refunds, or refunds for months unused with the Account. If you are not satisfied with RouterBee and there is a reason to believe that the quality of the services is impaired due to Company’s fault, the Company may, after carefully assessing the issue and in its sole discretion, issue partial or full refunds. The situations in which the Company may consider issuing refunds include: (a) if the services provided though RouterBee are impaired due to technical issues that cannot be solved in a reasonably timely manner; (b) the Company materially breach these Terms; or (c) the Company fails to provide the services as agreed to with you. In order to terminate the service contract and receive a refund, you must contact us and explain your concern in detail. If you qualify for a refund, the Company will issue the refund by using the same payment method that you used to make the payment, unless you expressly requests otherwise.

4. Intellectual Property

4.1. Your Content. We do not own any of Your Content. You are responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or the right to use Your Content submitted by you through RouterBee. We reserve the right, but are under no obligation, to, at our own sole discretion, refuse or remove Your Content that, in our reasonable opinion, violates the Terms, any of our other policies, or is in any way harmful or objectionable. By submitting Your Content through RouterBee, you grant us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to use, distribute, advertise, adapt, remix, modify, publicly display, publicly perform, excerpt, prepare derivative works of, and reproduce Your Content for the purposes of rendering our services through RouterBee. You are solely responsible to creating, keeping and maintaining any backup copies of any Your Content or other information submitted to, through, or in relation to RouterBee. You accept that Your Content may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

4.2. Our Content. Most of the content made available on RouterBee is owned by us, our partners, agents, licensors, vendors, and/or other content providers (“Our Content”). Our Content includes, but is not limited to, text, images, audiovisual content, source code, trademarks, service marks, and trade names. Our Content is protected by state laws and international intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights that belong to the Company. You obtain no interest in that intellectual property. You must not, for any commercial purpose, reproduce Our Content or transmit it, or store it in any other application or website, or disseminate any part of Our Content in any other form, unless you obtain our written prior permission to do so.

4.3. Copyright infringement claims. If you have any grounds to believe that any content made available through RouterBee violates your or third party’s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content. We will reply to the copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim to us, please make sure that you sign it and include information that would allow us to locate the allegedly infringing content.

4. Acceptable Use Policy

5.1. You are not permitted to use RouterBee in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):

• Reproducing, duplicating, copying, selling, reselling or exploiting any portion of RouterBee, or using RouterBee in an unauthorised manner without the express written permission by the Company;

• Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;

• Fraud;

• Provision of false, inaccurate, or misleading information;

• Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;

• Spreading ethnically, racially, or otherwise objectionable information;

• Sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour;

• Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;

• Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening RouterBee;

• Interfering with or abusing other users of RouterBee;

• Using bots and other automated methods; or

• Collecting and disclosing any information about other users of RouterBee.

• Excessive resource usage.

• Monitoring websites that you don't control or have the rights to monitor.

5.2. We may remove Your Content and Accounts containing Your Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violating any party’s intellectual property or these Terms.

6. Limitation of liability and disclaimers

6.1. By accessing and using RouterBee, you understand and agree that RouterBee is a monitoring and not a preventative service. Therefore, the Company is not responsible for any losses, damage, or downtime that you experience if your website goes down or it has technical problems. The Company further bears no responsibility for any incoming communication, including e-mails or sms, that does not reach you through the Website.

6.2. Although we put our best efforts to provide RouterBee in accordance with the highest industry standards, we do not guarantee that the monitoring results presented by us are correct, accurate, complete or up-to-date due to (a) changing nature of network conditions, (b) different locations where you and us are based, and (c) other factors that do not depend on us. RouterBee is provided solely for information purposes; you remain solely responsible for verifying any information that you receive within the scope of our services.

6.3. The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of RouterBee.

6.4. Your use of RouterBee is at your sole risk. RouterBee is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

6.5. The Company does not warrant that RouterBee will be uninterrupted, timely, secure, error-free or successful in performing.

6.6. The Company does not warrant that the results that may be obtained from the use of RouterBee will be accurate or reliable.

6.7. By using RouterBee, you expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use RouterBee.

6.8. The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

7. Amendments and termination

7.1. We reserve the right to amend all or part of the Terms at any time. If we do, the new version of the Terms will be published on RouterBee and we will notify you about the amendments (if we have your contact details). Any new features or tools which are added to RouterBee shall also be subject to the amended Terms. Your subsequent or continued use of RouterBee will constitute your acceptance of any changes to the Terms.

7.2. The Company reserves the right to change or terminate RouterBee for any reason, without notice at any time.

8. Applicable Law

8.1. These Terms shall be construed in accordance with and governed by the laws of Quebec, Canada.

8.2. The courts in Quebec, Canada shall have the exclusive jurisdiction to determine any matter or dispute which arises under the Terms.

8.3. Nothing herein prevents you or the Company from seeking any interim injunction that is deemed to be necessary in order to preserve the status quo prior to the resolution of any dispute, in any jurisdiction.

9. Final Provisions

9.1. Availability. We put reasonable efforts to ensure that RouterBee is always accessible. However, the availability of RouterBee may be affected by factors, which we cannot reasonably control, such as bandwidth problems, equipment failure, or force majeure events, including, but not limited to: acts of God; strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; shortage of supply; and breakdowns. We take no responsibility for the unavailability of RouterBee caused by such factors. If you encounter problems while using RouterBee, please contact us immediately. We may refuse the access to RouterBee to anyone for any reason at any time or period.

9.2. Indemnification. You agree to indemnify and hold us and our affiliates, founders, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to Your Content, your use of RouterBee or any wilful misconduct on your part.

9.3. Severability. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.

9.4. Assignment. You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations under these Terms, in whole or in part, without our prior written consent, which shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We reserve the right to assign any of our rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of RouterBee, substantial or all of our assets or stock or as part of a merger.

9.5. Entire agreement. These Terms, including all documents referred to herein, constitute the entire agreement between you and the Company and govern your use of RouterBee, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms).

12. Contact us

Please feel free to contact us if you have any questions. You may contact us through our form here.