Thank you for your interest in these Terms of Service (these “Terms”). These Terms constitute a legal agreement between you and BIMeta governing the use of our social and business network platform and auxiliary services or via our BIMeta Lite, our iOS and Android mobile application.
1. ABOUT US
1.1. We are BIMeta Corporation of 304 S. Jones Blvd. #3671, Las Vegas, NV 8910, USA (“BIMeta”, “we”, “us”, “our”).
1.2. We operate our platform and its underlying functions through our online Portal (our “Portal”) or via BIMeta Lite (our “App”) and make them accessible to you depending on your selected plan (our “Services”).
1.3. To contact us, please use [email protected].
1.4. These Terms were last updated on Wednesday, October 9th, 2024, and are the current and valid version.
1.5. The BIMeta logo as well as related marks, emblems, and images are the copyright of BIMeta. All Rights Reserved © 2024 BIMeta Corporation.
2. GENERAL TERMS
2.1. We license use of our Services to you on the basis of these Terms.We do not sell our Services to you, and we remain the owner of our Services at all times.
2.2. The provisions set out in these Terms govern your access to and your use of our Services and shall constitute a legally binding agreement between you and us.
2.3. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Services.
2.4. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable license to use our Services on these Terms.
2.5. We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our Portal or your Account at any time, or remove or edit content (including content submitted by you) on our Portal and Services or on any of our affiliated websites (including social media pages).
2.6. We reserve the right to change, modify, suspend or discontinue any portion of the Services, our Portal or any other products, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time.
2.7. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
3. YOUR ACCOUNT
3.1. By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our Portal, you agree and acknowledge that:
3.1.1. you are at least 18 years of age and not a minor in your country of residence;
3.1.2. you have read the terms set out in these Terms and agree to be bound by and comply with them; and
3.1.3. you shall ensure that all Users of your Account abide by these Terms.
3.2. You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorized to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.
4. LICENSE
4.1. Subject to your payment obligations or free of charge access, we grant you, unless specifically agreed in writing, a personal, non-exclusive, non-assignable and non- transferable right to access and to use the Service within the limits determined by the plan chosen by you.
4.2. The license is granted for the sole and exclusive purpose of enabling you to use the Service for your internal business purposes and distribution only within one branch of your business to the exclusion of any other purpose.
4.3. The right of use shall mean the right to represent and implement the Service in accordance with its intended purpose, in Software as a Service (SaaS) mode via a connection to an electronic communications network Portal.
5. APP LICENSE GRANT
5.1. Our App is only available through accessing (or downloading from) a third-party platform or store, including but not limited to the Google Play Store and Apple App Store (each, an “App Store”).
5.2. Your use of our App is also governed by any applicable agreements you have with any App Store (the “App Store Agreement(s)”). In the event of a conflict between any other App Store Agreement(s) from which you acquire our App and these Terms with respect to your use of our App, these Terms will take priority.
5.3. So long as you comply with these Terms and, as applicable, the App Store Agreement(s), we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to (i) download and install our App on the device permitted by the App Store Agreement(s) (if applicable), and (ii) access and use our App, including any Content, for your personal entertainment purposes leveraging only the functionality of our App. We and our licensors reserve all rights not granted to you in these Terms.
5.4. “Content” means all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, and any other content within our App. Content also includes anything generated, created, or that is otherwise developed within our App by any user (including you) as a result of interaction with the functionality of our App. We may, in our sole discretion, remove, edit, or disable any content for any reason.
6. APPLE AND GOOGLE DEVICES LICENSE AGREEMENT
The following terms apply when you use our App obtained from either Apple’s or Google’s store (each an “App Distributor”) to access our App:
6.1. the License granted to you for our App is limited to a non-transferable License to use our App on a device that utilizes the Apple iOS or Google operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
6.2. we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this License or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
6.3. you must comply with applicable third-party terms of agreement when using the App,
6.4. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this License and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this License against you as a third-party beneficiary thereof.
7. AVAILABILITY
7.1. Although we will try to provide continuous access to the Service, we cannot and do not guarantee that our Services will be available 100% of the time and will not be liable in the event our Services are unavailable.
7.2. You acknowledge that availability of our Services depends further on your compliance with your usage allowances as per your selected plan and scheduled and emergency maintenance periods. We undertake to notify you of scheduled and unscheduled outages that are expected to take more than four (4) hours.
8. SUBSCRIPTION
8.1. We provide paid plan access (“Paid Services”) or free of charge access (“Free Services”) on a per-account basis.
8.2. The Paid Services require payment of subscription fees before you can access or use them (“Fees”). These Fees will be notified to you through our Portal.
8.3. If you purchase a recurring subscription from us, the subscription period for your Account shall be renewed automatically at the expiry of each subscription period, until terminated successfully through our Portal. By purchasing the recurring subscription, you authorize us or our related corporations to automatically charge the Fees:
8.3.1. upon the commencement of your first subscription period, upon expiration of any applicable trial period or at a date otherwise indicated by us; and
8.3.2. on the renewal date of the subscription period thereafter, without any further action by you.
8.4. Any Fees due in relation to your Account must be paid by their due date for payment, as notified to you through our Portal or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to your Account and/or our Portal or any of the Services.
8.5. Our Fees may be amended from time to time at our discretion. We will provide you reasonably advance written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees.
8.6. You shall be responsible for any applicable taxes (including any goods and Services tax) under these Terms.
8.7. All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third party payment methods. We shall not be liable for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
8.8. We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.
8.9. Unless you have contacted us in writing to cancel your subscription within 7-days from the system ready email is sent or otherwise notified in writing by us, termination of your Account for any reason whatsoever shall not entitle you to any refund of the Fees. If you cancel your subscription, you may continue to access your Account until the expiry of the subscription period in which the cancellation occurred.
9. END OF LIFE
We reserve the right to End-Of-Life (EOL) the Service at our sole discretion and shall provide 3 months notification of such EOL event. If you prepaid Fees for a service which is subject to EOL, we will use commercially reasonable efforts to a) transition you to a substantially similar Service or b) upon our express written agreement, ensure the Service availability, without uptime guarantee or test bug fixes, patches, or enhancements to the Services.
10. SERVICE LEVELS AND SUPPORT
10.1. We shall render all commercially reasonable efforts to provide technical support to assist you in using our Portal and the Services. The total amount of technical support provided by us shall be governed under the fair use principle.
10.2. We have no obligation to provide any support:
10.2.1. for anything other than our Services;
10.2.2. if you or a third party has altered or modified any portion of the Services;
10.2.3. if you have not used the Services in accordance with the documentation or instructions provided by us;
10.2.4. to anyone other than you.
10.3. The response time for contacts concerning technical support made by you will not exceed 72 hours. If the response time exceeds 72 hours, we will present you with a technical justification and define a new deadline for carrying out and completing the support service.
11. PROPRIETARY RIGHTS
11.1. You acknowledge and agree that we own all intellectual property rights in our Services. Except as expressly stated herein, this agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of our Services.
11.2. You confirm that you have all the rights in relation to our Services that are necessary to grant all the rights it purports to grant under, and in accordance with, these Terms.
12. UPLOADING CONTENT
12.1. You irrevocably and unconditionally represent and warrant that any of your content uploaded to our Portal complies with our Privacy Policy, Nevada Privacy Law (“NRS 603A”), the EU General Data Protection Regulation (“GDPR”) and any other applicable laws.
12.2. You are fully responsible for your content uploaded to our Services. We will not be responsible, or liable to any third party, for:
12.2.1. the content or accuracy of any content or data uploaded or produced by you using the Services; or
12.2.2. the loss of any content or data uploaded or produced by you using the Services. You should keep a record of all such content and data.
12.3. We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content or data uploaded or produced by you using the Services, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
12.4. We may use the content or data uploaded or produced by you using the Services for the purpose of data analytics or to further develop our Services or machine learning. Any such content shall be anonymised and used only for the purposes of improving the Services and our response to users of our Portal.
12.5. We have the right to disclose your identity to any third party claiming that any content or data uploaded or produced by you to our Services constitutes a violation of their rights under applicable law.
13. PROHIBITED USES
13.1. You may use our Services only for lawful purposes. You may not use our Services:
13.1.1. in any way that breaches any applicable local or international laws or regulations;
13.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
13.1.3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
13.1.4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
13.2. You also agree:
13.2.1. not to reproduce, duplicate, copy or re-sell any part of our Services in contravention of the provisions of our Terms; and
13.2.2. not to access without authority, interfere with, damage or disrupt:
13.2.3. any part of our Services;
13.2.4. any equipment or network on which our Portal and Service is stored;
13.2.5. any software used in the provision of our Services; or
13.2.6. any equipment or network or software owned or used by any third party.
14. INTELLECTUAL PROPERTY RIGHTS
14.1. You acknowledge that all intellectual property rights in our Services anywhere in the world belong to us, that rights in our Services are licensed (not sold) to you, and that you have no rights in, or to, our Services other than the right to use them in accordance with these Terms.
14.2. Any intellectual property rights in content uploaded by you to our Services shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of our Portal.
14.3. You acknowledge that you have no right to have access to our Services in source code form.
15. WARRANTIES
15.1. While we make all efforts to maintain the accuracy of the information on our Portal, we provide the Services, website and all related content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
15.2. BIMeta makes no representations about the suitability, reliability, timeliness, comprehensiveness and accuracy of the Services or on our Portal.
15.3. BIMeta cannot guarantee that the AI generated content and information and content and the provision of the content of our Services and on our Portal will always be correct or fault, error and virus free.
15.4. BIMeta does not accept liability for incorrect content or errors and omissions in Services and on our Portal or its content (whether of legal, typographical, technical, or other nature).
15.5. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Portal or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our Portal, the related content, or electronic communications sent by us are free of viruses or other harmful components.
15.6. As part of the services, you may have access to AI-generated content and information. Any information about and generated by AI is provided on an “as is” basis. We do not make any warranties, express or implied, as to the qualifications, quality, suitability, fitness for purpose, completeness, or correctness of any AI-generated content and information.
15.7. The AI-generated content and information is provided for general information purposes only and is not intended to constitute or substitute legal or other professional advice of any kind whatsoever. The AI-generated content and information is not intended or implied to be a substitute for professional advice.
15.8. You are encouraged to confirm any information obtained from or through Silver with other sources and review all information provided. Please do not disregard professional advice or delay seeking advice because of something you have read on our website or in the AI-generated content and information.
15.9. We make no representations about the suitability, reliability, timeliness, comprehensiveness, and accuracy of the AI-generated content and information, and other content produced by Silver.
15.10. We cannot guarantee that the AI-generated content and information and the provision of the content produced by Silver will always be correct, fault-free, and error-free.
15.11. We do not accept liability for incorrect content or errors and omissions in AI-generated content and information produced by Silver (whether of legal, typographical, technical, or other nature).
15.12. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to Silver and the AI-generated content and information, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
16. LIMITATION OF LIABILITY
16.1. We are not liable for the completeness, accuracy or correctness of any information and any related content in our Services and on our Portal. You expressly agree that your use of the Services and our Portal, including reliance on any content and information, is at your sole risk.
16.2. You agree not to use the Services, our Portal and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our Portal or any other website or software) for:
16.2.1. loss of profits, sales, business, or revenue;
16.2.2. business interruption;
16.2.3. loss of anticipated savings;
16.2.4. loss or corruption of data or information;
16.2.5. loss of business opportunity, goodwill or reputation; or
16.2.6. any other indirect or consequential loss or damage.
16.3. Nothing in these Terms shall limit or exclude our liability for:
16.3.1. death or personal injury resulting from our negligence;
16.3.2. fraud; and/or
16.3.3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
16.4. Our Portal is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
16.5. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our Portal. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our Portal which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
17. INDEMNITY
You agree to indemnify and hold us, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Portal, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.
18. FORCE MAJEURE
We shall have no liability to you under this agreement if we are prevented from or delayed in performing our obligations under this agreement, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors and will notify you of such an event and its expected duration as soon as reasonably possible.
19. ADVERTISERS AND AFFILIATES (FREE SERVICES USER)
19.1. We allow advertisers and affiliates to display their advertisements and links and other information in certain areas of the website. If you are an advertiser or affiliate, you take full responsibility for any advertisements you place on the website and any services provided on the website or products sold through those advertisements.
19.2. Further, as an advertiser or affiliate, you warrant and represent that you possess all rights and authority to place advertisements on our website, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
19.3. We simply provide the space to place such advertisements and links, and we have no other relationship with advertisers and affiliates.
20. BINDING ARBITRATION
20.1. If we are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
20.2. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") in Nevada, online or offline, and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA Website www.adr.org.
20.3. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
20.4. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party.
20.5. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law.
21. CLASS ACTION WAIVER
The parties agree that (i) no arbitration proceeding hereunder whether a consumer dispute or a business dispute shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. The parties agree to arbitrate a consumer dispute or business dispute on an individual basis, and each waives the right to participate in a class action.
22. WAIVER OF JURY TRIAL
Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to this agreement or the transactions contemplated hereby.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
23.1. Using our 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 our Services, satisfy any legal requirement that such communication be in writing.
23.2. 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 our 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.
24. OTHER IMPORTANT TERMS
24.1. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.
24.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
24.3. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
24.4. These Terms and any document expressly referred to in it constitutes the entire agreement between us.
24.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
24.6. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
24.7. These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its choice of law provisions.