Terms of Use for Beamex Digital Services

Last update: July 4, 2024

1. Applicability

1.1. These terms of use contain the terms and conditions that are applied for the sale, use and provision of any software, content or information a Beamex legal entity, such as Beamex Oy Ab or any of its subsidiaries (hereinafter the “service provider” or “Beamex”), offers through the internet, as cloud service or as a mobile application (the “service”) to its customer that uses the service (hereinafter collectively referred as the “user”). The user agrees to use the service in compliance with these terms throughout the term of the user right and agreement and as long as the user uses the service. If the user enters into a user agreement on behalf of an entity, such as a company the user works for, the user represents that it has the legal authority to bind that entity into a user agreement concerning the service.

1.2. These terms may be updated by Beamex from time to time. Updated terms are published on this page.

2. Service provider

2.1 Contact details for customer service and support:

Beamex Oy Ab
Business ID: 0181602-8
Ristisuonraitti 10
68600 Pietarsaari
FINLAND
https://www.beamex.com
Email: support@beamex.com
Tel: +358 10 550 5301
Portal: https://support.beamex.com/

3. About the service

3.1 The service to which these conditions apply at any given time is specified in the concluded purchase order or agreement. The service is typically described in more detail on Beamex’s website at www.beamex.com or in the applicable product documentation provided by Beamex. For detailed and up-to-date information on features of the applicable service, contact Beamex or visit the Beamex website.

3.2 Use of the service may require, depending on the applicable service:

a) a data connection;
b) a device, such as a computer, smartphone or tablet computer with a web browser or other software;
c) acceptance of these terms and conditions (always mandatory);
d) downloading and installing of an application;
e) possibly, creation of a user account; and
f) logging into the account for using the service.

3.3 By registering a user account and/or using the service, the user (1) agrees to be bound by these terms and conditions and the Beamex Data Processing Agreement (if applicable), and (2) understands that Beamex may process personal data relating to the user in accordance with its privacy policy in force from time to time (available at: https://www.beamex.com/privacypolicy/).

3.4 The user is responsible at its own expense to acquire and configure the device, data connection and software required for using the service, as well as acquiring and installing any necessary updates. Beamex does not provide any warranties that the service will function error-free on all possible devices, browsers and operating environments. For details on technical requirements, visit Beamex website or contact Beamex.

3.5 The service is targeted for use by legal entities and their employees, such as companies, not by consumers.

3.6 Beamex will (a) make the service available to a user pursuant to these terms, (b) use commercially reasonable efforts to make the service available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which Beamex may give advance notice), and (ii) any unavailability caused by circumstances beyond Beamex’s reasonable control. Beamex will also, pursuant to these terms and Beamex’s general data security and data protection principles as well as privacy policy, protect and keep confidential the data the user has provided or entered into the service.

4. Changes to the service and these terms

4.1 Beamex reserves the right to make changes to these terms and conditions and to the service. Beamex informs about essential changes to these terms and the service on its website and/or by email or through the service. The changes will enter into force at the specified time. Unless a separate date for the entry into force of the change has been specified, the change will enter into force when the change is made. By continuing to use the service after the terms or the service have been changed, the user is deemed to have accepted the changes and committed to comply with them. If the user does not accept the changes to the service or to these terms, the user must stop using the service.

5. Use of the service

5.1 Beamex grants the user a limited, non-exclusive, personal and non-transferable license to use and access the service in accordance with these terms and conditions, the applicable laws and any other terms and conditions possibly agreed between Beamex and the user when concluding a user agreement for the service. If Beamex has reason to believe that the user’s use of service is not in compliance with these terms, the applicable laws or the other terms and conditions of an agreement, Beamex may delete or limit the user rights or take other actions it considers necessary.

5.2 Use of the service, or certain features of the service, may require the creation of a personal user account and the provision of certain personal data (e.g. name, email address, employer’s name) in connection with the creation of the user account.

5.3 The user is responsible:

a) for all use of the service, which takes place under the user’s user account and user agreement;
b) for providing correct, sufficient and truthful information required for creating and maintaining a user account in the service;
c) for not violating any third-party rights when using the service, entering content into the service, creating content to the service or sharing content through or from the service;
d) for keeping the username and password confidential and secure, not sharing them with anyone and not using any other person’s username and password;
e) for not using the service for fraudulent, criminal, illegal or deceptive activities;
f) for not copying, modifying, or creating derivative works of the service, technology related to it, or information contained therein;
g) for not misusing the service by knowingly or negligently causing viruses, trojans, worms or other materials to damage or be technically harmful to the service; and
h) for not storing or entering sensitive personal data into the service, as the service may not have been designed for such purposes.

5.4 Beamex has the right, but no obligation, to monitor that the user uses the service in compliance with these terms. If Beamex becomes aware of activity that it considers to be violating these terms, it may restrict or suspend access, delete or modify content, terminate the account responsible for such activity, or conduct any other measures it considers appropriate without any liability to the account holder who Beamex considers to be violating the terms.

6. Fees and payment terms

6.1 Beamex may offer unpaid trials, or certain features or versions of the service free of charge. With the exception of free versions and features, the use of the service is subject to payment of applicable fees.

6.2 The fee charged for the use of the service, the basis for its determination and Beamex’s payment terms are determined in the applicable sales agreement, Beamex’s offer or order confirmation, at Beamex’s online store or in some other document specifying fees and charges for the service valid at any given time. If service charges have not been agreed in advance, Beamex’s price list, valid at the time of concluding the agreement, shall apply. The payable fees for the service may depend on the amount of users and features or functions included in the service.

6.3 Beamex is entitled to update its fees and charges by providing at least one (1) month’s advance notice to the user. If the user does not accept the new fee, it may terminate the user agreement. The user’s continued use of the service after the fee has changed indicates acceptance of the new fees and charges.

6.4 Value added, sales and other similar taxes or public charges are not included in the service charges and they shall be added and payable by the user in accordance with applicable laws and regulations.

6.5 All payments for the service shall be made in the currency and in accordance with a payment method and billing period specified by Beamex from time to time. Subscription periods paid in advance are not usually refundable or returnable. If the payment method is invoicing, the payment term is thirty (30) days from the date of Beamex’s invoice, unless otherwise specified by Beamex. The interest rate for delayed payments is in accordance with the Finnish Interest Act. Failure to pay the bill may also lead to the closure of the user account or suspension of access to the service.

6.6 Purchasing user rights to LOGiCAL or to other applicable service through a Beamex sales channel: user rights can be purchased by contacting Beamex’s sales channels or directly from Beamex’s online store. If a user right is purchased through a Beamex sales channel, the purchase is made by placing an order, which is subject to order acknowledgement. The service charges are then invoiced in accordance with Beamex’s practices in force from time to time, (e.g. on a monthly, quarterly or annual level).Third-party payment services providers may also be used for collecting payments.

6.7 Purchasing user rights to LOGiCAL or to other applicable service online: When purchasing the service online, the service is resold by Bright Market, LLC d/b/a FastSpring, who is the Merchant of Record for all orders, unless otherwise specified by Beamex. FastSpring also handles all invoicing and payments relating to online sales. The applicable Fastspring reseller is specified in invoices and/or payment receipts. Fastspring is a payment services provider and it acts as Beamex’s non-exclusive online reseller and is responsible for invoicing and collecting payments for service charges. Unless otherwise specified, all charges for the service are invoiced by, and payable to, Fastspring. In addition to these terms and conditions, the user’s use of the service, especially paid versions of the service, is subject to applicable Fastspring terms and conditions in force from time to time, such as the Fastspring Terms & Conditions of Sale (https://fastspring.com/terms-use/terms-sale-eu/, Note! Fastspring’s terms of sale might vary based on your location) and the user agrees to comply with them.

7. Privacy and processing personal data

7.1 Beamex as a data controller. As a data controller, Beamex processes personal data pursuant to its privacy policy in force from time to time, which is available on the Beamex website. User information may also be shared to a limited extent with Beamex’s local business partners, who handle Beamex sales, services and customer support locally. They process personal data related to the users in accordance with their own privacy policies.

7.2 Beamex as a data processor. If Beamex, when providing the service and performing its contractual obligations, processes personal data as a data processor on behalf of the user, the data controller, then the Beamex Data Processing Agreement in force from time to time (available at the end of these terms) is also applied and considered an integral part of an agreement between Beamex and the user. If there is a conflict between the user agreement, these terms and the Data Processing Agreement, the terms of the Data Processing Agreement shall always take precedence.

7.3 Additional terms for International transfers of personal data. Personal data may be transferred outside the EU/EEA, for instance when a Beamex entity is located inside the EU/EEA and a user is located in a non-EU/EEA country. To the extent that Beamex transfers personal data to a user located in a territory outside the EU/EEA that does not provide adequate protection for personal data (as determined by EU Commission from time to time), the Standard Contractual Clauses (EU) 2021/914 as of 4 June 2021 (hereinafter the “SCCs”) are incorporated herein by reference and form an integral part of these terms and the commercial agreement concluded between Beamex and the user, completed as follows:

i) controller to controller transfers: with regards to transfers from a data controller to another controller, the transfer shall be governed by Module 1 of the SCCs. You agree that you are a “data importer” and we are the “data exporter” under the SCCs. For the purposes of the SCCs: (i) in Clause 7, the optional docking clause will apply; (ii) in Clause 11, the optional language will not apply; (iii) in Clause 17, Option 1 will apply, and the SCCs will be governed by Finnish law; (iv) in Clause 18(b), disputes shall be resolved before the courts of Finland; (v) Annex I of the SCCs shall be deemed completed with the information set out in EXHIBIT I to these Terms, as applicable; and (vi) Annex II of the SCCs shall be deemed completed with the information set out in EXHIBIT II to these Terms.

ii) processor to controller transfers: with regards to transfers where we are considered a processor and a data exporter located inside the EU/EEA and you a controller and a data importer located outside the EU/EEA, the terms and conditions in our Data Processing Agreement relating to international data transfers shall apply.

8. Availability, maintenance and interruptions

8.1 The service is usually available 24/7. However, Beamex does not guarantee uninterrupted or error-free use of the service. The service may from time to time be completely or partially unavailable due to necessary backups, maintenance, improvements, security updates or similar activities. Beamex will inform the users of planned outages whenever possible. Beamex is not responsible for any damages or harm caused by interruptions in the use of the service. All maintenance and support work are by default performed remotely from Beamex’s location on weekdays during normal business hours. Beamex makes backup copies and deletes data contained in the service in accordance with its normal IT and data retention policies. Contact Beamex for further information on these policies.

9. Support

9.1 Contact Beamex’s support service for questions or problems regarding the service. Contact
information:

Email: support@beamex.com
Tel: +358 10 550 5301
Portal: https://support.beamex.com/

10. Intellectual property rights and data entered by the user

10.1 The service (including any modifications, updates and bug fixes to it) and content relating to it are protected by copyright and other intellectual property right laws and are and shall remain the sole and exclusive property of Beamex or its licensors, as the case may be. Other intellectual property rights, such as trademarks, patents, designs or trade secrets, may as well relate to the service, which also belong to Beamex or its licensors. No intellectual property rights are transferred from Beamex to the user, the user is only granted a limited, non-transferable and non-exclusive license and right to use the service in accordance with these terms for its customary use and purpose.

10.2 If a user enters, creates or shares content in the service while using it, the intellectual property rights relating to such content are owned by the user or other applicable rights holder. However, Beamex (and its local business and services partners, as the case may be) has and is granted a right to use the content entered, created or shared by the user for providing the service, for developing the service, for analytical purposes, for monitoring the use of the service or, in compliance with these terms, applicable laws and Beamex’s privacy policy, for any other reasonable, limited business purpose of Beamex that can be expected from customary use of the service.

11. Term and termination

11.1 As long as a user uses the service these terms apply. Unless otherwise agreed, either party can terminate a user agreement for the service by providing at least one (1) month’s written notice to the other party. If the concluded order or user agreement for the service specifies a subscription term for the service, the agreement for the service cannot be terminated for convenience during the subscription term pursuant to this clause. If the order or user agreement for the service specifies that the subscription for the service is automatically renewed for a new similar subscription period, the subscription is automatically renewed, unless either party terminates the subscription before the new subscription period begins.

11.2 Beamex may also terminate the agreement with immediate effect or by giving a reasonable notice, if (1) the user does not pay the applicable service fees even after Beamex’s notification of a due payment, (2) the user becomes insolvent or goes bankrupt, (3) the user uses the service in violation with these terms, the applicable laws or good practice, (4) the user’s account has remained inactive and/or unaccessed for a substantial period of time, as reasonably considered by Beamex, (5) the user uses a free version of the service, which Beamex wants to stop offering, (6) the provision of the service to the user violates or could violate, in Beamex’s justified opinion, applicable laws, regulations or decisions by authorities, or (7) Beamex makes a decision to end, discontinue or substantially modify the provision of the service and/or close the service platform.

11.3 If a user has not paid the applicable access subscription fee for the service for a period of 60 days, Beamex has the right to deactivate the user’s account. In connection with deactivating an account any remaining credits will be nullified. After 12 months from the date of the expiration of the access subscription, Beamex has the right to delete completely and terminate the account.

11.4 An agreement for provision and use of the service may be terminated for breach upon written notice to the other party by either party in case of breach of an agreement or these terms by the other party, if the breach has not been cured within 30 days of receipt of a notice from the non-breaching party.

11.5 Upon termination of the agreement between Beamex and the user relating to use of the service, (a) Beamex has the right to deactivate and delete the user’s account as well as any data entered by the user, as soon as reasonably practicable after the effective date of termination or expiration, unless a specific time period is provided in these terms, (b) the user must stop using and prevent the further usage of the service by the effective date of termination as well as pay any amounts owed by it to Beamex under these terms and the agreement. If an agreement is terminated, the user is not entitled to any refund on payments invoiced or made prior to the effective date of termination, unless otherwise specifically agreed. The terms and conditions which by their nature and purpose are intended to survive termination, shall survive any termination or expiration of an agreement.

12. Special terms for the mobile application version of the service

12.1 The following special terms apply to the use of the service as an application on Apple’s iOSbased mobile devices and are between the user and Beamex, not with Apple Inc.:

a) Apple maintains an App Store where you can download the iOS version of the service;
b) the user hereby agree to use the iOS version only in accordance with Apple’s thencurrent App Store terms and conditions; and
c) Beamex, not Apple Inc., is solely responsible for the iOS version and the service available through it. Apple Inc. has no obligation or liability to the user with respect to the iOS version of the service or these terms.

12.2 The following special terms apply to the use of the service as an application on Androidbased mobile devices and are between the user and Beamex, not with the company Google Inc.:

a) Google maintains the Google Play store where a user can download the Android version of the service;
b) the user hereby agrees to use the Android version only in accordance with Google’s terms and conditions regarding Google Play; and
c) Beamex, not Google Inc., is solely responsible for the Android version and the service available through it. Google Inc. has no obligation or liability to the user with respect to the Android version of the service or these terms.

13. Applicable law and dispute resolution

13.1 An agreement between the user and Beamex, these terms and the use of the service are governed by the laws of the domicile of the Beamex entity that is considered as a party to the user agreement concluded between Beamex and the user, without regard to its conflicts of law rules and principles. If there is ambiguity about the applicable law, the laws of Finland shall apply.

13.2 Any dispute arising between the parties will primarily be settled by amicable settlement. Failing amicable settlement within thirty (30) days of the dispute being referred to the settlement, unless otherwise agreed, the dispute will be settled by arbitration in accordance with the Rules for Expedited Arbitration of the Finland Chamber of Commerce. The arbitration shall be held in Helsinki, Finland and the arbitration proceedings shall be conducted in English. The parties agree to keep confidential all information, documents and material relating to the arbitral proceedings as well as the arbitration award. In addition, Beamex shall always have the right to file a debt claim in any competent general court with jurisdiction in the user’s domicile.

14. Third-party intellectual property right infringements

14.1 Beamex shall defend the user against claims presented against the user that the service (or its use) infringes a valid third-party patent or copyright and indemnify for any final judgment awarded against the user by a court of competent jurisdiction as a result from such claim or settle such claim at no cost to the user provided that (a) the user notifies Beamex promptly as it is apprised of the third-party claim; (b) the user permits Beamex to handle defendant’s case or settlement; and (c) the user gives Beamex all reasonable assistance and information available as well as all necessary authorizations.

14.2 Because Beamex has exclusive control of resolving infringement claims hereunder, in no event will Beamex be liable for the user’s own attorney fees or costs. Notwithstanding the foregoing, Beamex shall have no obligation or liability for any claim or proceeding against the user based upon (i) data, content or material provided or entered by the user or (ii) the combination, operation or use of the service with any products, programs or data not supplied by Beamex, if such infringement would have been avoided but for such combination, operation or use.

14.3 If a claim is made or Beamex believes that such is likely, Beamex may, at its option, obtain for the user the right to continue to use the service; or (b) replace or modify the service so that it becomes non-infringing. If none of the above-mentioned alternatives is reasonably available, the user shall, at Beamex’s request, stop the use of the service, in which case Beamex shall provide a reasonable refund for the fees already paid by the user for the infringing service, less a reasonable depreciation for use prior to the infringement claim.

14.4 This section states the parties’ sole and exclusive obligations and their exclusive remedies with respect to third party intellectual property infringements or claims thereof.

15. Limitation of liability

15.1 The service is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind either express or implied. Unless otherwise expressly stated by Beamex, Beamex does not warrant or make any representations regarding the use or the results of the use of the service in terms of correctness, accuracy, reliability, or otherwise.

15.2 In no event is Beamex responsible to the user or to any third party for loss of production, loss of revenue or profits, loss of or corruption to data, loss of use, interruptions in production, data recovery or recreation costs, or for any indirect, consequential, special or punitive damages, even if Beamex has been advised of the possibility of such damages in advance. All such damages and liability are expressly disclaimed.

15.3 Unless otherwise determined by mandatory laws, the cumulative liability of Beamex for all claims, damages, and indemnities arising out of or related to the these terms, the use of the service and the agreement relating to the use of the service, regardless of the form of action and whether in contract, tort or otherwise, will not exceed, in the aggregate, the fees paid to Beamex by the user during the 6-month period preceding the date on which the claim arose for the specific service giving rise to the claim.

15.4 Prior to claiming any monetary damages from Beamex, Beamex shall always have the primary right to correct a breach or deficiency by correcting its performance or reperforming it. Any claims for damages or monetary compensation against Beamex must be brought no later than three (3) months after the user became aware of the event giving rise to the respective claim. Thereafter all claims arising out of that event against Beamex shall be barred.

15.5 The limitations of Beamex’s liability in this section apply whether an action is in contract or tort or indemnity and regardless of the theory of liability. These limitations of liability apply to the extent permitted by mandatory legislation.

15.6 The limitations and exclusions of Beamex’s liability in this section shall not apply: (i) to the extent that liability cannot be limited or excluded according to mandatory provisions of applicable law; (ii) in cases of Beamex’s willful misconduct and gross negligence; and (iii) in cases of bodily injuries or death caused by Beamex’s negligence. In cases of gross negligence, Beamex’s liability is, however, limited to the amount of foreseeable loss that would have been prevented by exercising due care, provided that such limitation is possible under applicable law.

16. Other terms

16.1 Beamex shall not be deemed to be in breach of agreement, or otherwise be liable to the user, for any failure to perform, or any delay in performance, caused by reasons beyond Beamex’s control.

16.2 Beamex is entitled to employ subcontractors to fulfill its obligations under an agreement and is liable to the user for all acts of its subcontractors as for its own acts.

16.3 These terms and the additional agreed upon terms in a user agreement contain the entire agreement between the parties and supersede all prior communication, discussions and agreements relating to the subject matter.

16.4 The user does not have the right to transfer the user agreement, its user rights to the service, or any other rights or obligations related to a user agreement, not entirely nor even partly, to a third party if not expressly agreed by Beamex in writing. Beamex may assign the agreement and its rights and duties to a third party without the user’s permission, including without limitation in connection with debt collection, any merger, consolidation, or sale of all or substantially all of associated assets, or similar transaction or business reorganization.

16.5 Information, terms, warranties, specifications or conditions contained in Beamex’s website and other marketing materials are for informational purposes only and do not bind Beamex.

16.6 The Parties agree that the service and associated technical information are delivered subject to all applicable export controls or restrictions imposed by any country or organization or nation which are enforceable in the jurisdiction of Beamex, including without limitation Beamex’s domicile, the United Nation, the European Union and the USA. The user agrees that it will not use, export, trade or transfer, directly or indirectly, the service and associated technical information against such controls or restrictions.