Terms of Service
By using the BQool website (i.e. bqool.com)(the “Site”), creating or using an account on the Site (“Account”), and/or accessing or using any products, services, or other features offered to you when you visit or shop at the Site (“Service”), you, the User, expressly agree to: (i) be bound by these terms of service (“Terms of Service”), the Terms of Service, Exhibit, any additional terms and conditions that may be applicable to certain areas of the Site, content, or transactions, and all policies posted on the Site (collectively the “Agreement”), and (ii) abide by the Agreement and all applicable laws and regulations. BQool Inc. (“BQool”) reserves the right to modify the Terms of Service from time to time without notice. Any new features that augment or enhance the Account or Service, including the release of new tools and resources, shall be subject to the Agreement. Your use of the Site, Account, or Service after any such change or modification shall constitute your consent to such changes and/or the Agreement as modified. You can review the most current version of the Terms of Service at any time at: https://www.bqool.com/
Account Creation and Usage
- You must be a human to create, maintain, or use an account on this Site. Accounts registered by “bots” or other automate methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- An upgrade from any free trial account to any paying plan will end your free trial.You will be billed for your first month (monthly subscription) or first year (annual subscription) immediately upon upgrading.
- All fees are non-refundable (irrespective of actual usage). Fees are billed in advance on a monthly basis (monthly subscription) or annually basis (annual subscription) and must be paid in U.S. dollars via credit card. There will be no refunds or credits for partial months of service (monthly subscription), partial year of service (annual subscription), upgrade/downgrade refunds, refunds for days in which an account was unused (monthly subscription), or refunds for months in which an account was unused (annual subscription). No exceptions will be made.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- One person or legal entity may not maintain more than one free account.
- You may not use the Account or Service for any illegal or unauthorized purpose. You must not, in using the Account or Service, violate any applicable laws (including, but not limited to, intellectual property laws).
Payment, Refunds, Upgrading, and Downgrading
- You are solely responsible for properly canceling your Account. An email or phone request to cancel your Account is not considered cancellation. You can cancel your Account at any time by clicking on the Cancel button at the Current Subscriptions tab after you are logged into your Account.
- Your profile and all materials uploaded to your Account (“User Content”) will be deleted from the Account upon cancellation. This information cannot be recovered once your Account is cancelled.
- If you cancel your Account prior to the end of the month (monthly subscription) or prior to the end of the year (annual subscription) and you have fully paid all fees due and owing, the cancellation will take effect and you will not be charged again.
- BQool, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Account, User Content, or any other Service, for any reason at any time. Such termination of the Account will result in the deactivation or deletion of your Account, access to your Account, and the forfeiture and relinquishment of all User Content.
Modifications to the Account and Prices
- BQool reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Account or any Service with or without notice.
- Prices of all Accounts are subject to change upon 30 days’ written notice from BQool. Such notice may be provided at any time by posting the change on the Site.
- BQool shall not be liable for any modification, price change, suspension, or discontinuance of the Account or Service.
Copyright and Content Ownership
- All User Content posted on the Site must comply with applicable copyright laws.
- Subject to the foregoing Account Cancellation and Termination provisions, your User Content remains yours. However, by adding Authorized Users to your Account, you agree to allow others to view and share your User Content.
- BQool does not pre-screen User Content, but BQool and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any User Content that is available via the Account or Site.
- The look and feel of the Site is copyrighted. BQool reserves all rights. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from BQool.
Limitation of Liability and Risk
- The exclusions and limitations on our liability for provision of the Account or Services under these Terms of Service do not apply in the case of: (i) the tort of deceit or fraud; (ii) death or personal injury cause by negligence; (iii) any liability to the extent that the same may not be excluded or limited as a matter of applicable law.
- In no event will BQool be liable for any loss or damages, including, but not limited to, any direct, indirect, consequential, special, exemplary, or other indirect damages arising out of or related to the Account, any Service, the Site, these Terms of Service, or the Agreement, even if such BQool has been advised of the possibility of such loss or damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the foregoing limitation may not apply to you. In such states, BQool’s maximum liability for all claims, actions, proceedings, losses, liabilities or costs (including legal expenses) sustained, incurred or suffered by you shall be limited for all such claims in aggregate to an amount equal to one hundred percent (100%) of the total fees paid by you to BQool under these Terms of Service in the twelve (12) consecutive months preceding the most recent claim.
- For the purposes of the EU General Data Protection Regulation (Regulation (EU) 2016/679 of 27 April 2016) and any other applicable laws, as may be amended from time to time, you are the Data Controller and BQool is the Data Processor as defined in the data protection legislation. Both parties shall comply with the data protection procedures provided in the EU General Data Protection Regulation. The relationship and the respective obligations of Data Processor and Data Controller are provided in the Exhibit hereof.
- You shall own the rights, title and interest in and to all of the data (the “Service Data” submitted to the Service by you through your account or on your behalf (including by BQool) in connection with your use of the Service, and you shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Service Data.
- You understand that BQool shall process any personal data on your behalf when providing its Service. In such case, you acknowledge and agree that the personal data may be transferred or stored outside the EEA or the country where you are located. You shall also ensure that it is entitled to transfer the relevant personal data to BQool so BQool may lawfully use, process and transfer the personal data on your behalf in accordance with the Agreement. You shall ensure that the relevant third parties have been informed of, and have given their consent to such use, processing, and transfer as required by all applicable data protection legislation.
- BQool hosts all Service Data, including personal data, with Amazon Web Services (“AWS”). Details of the security policy of AWS can be found here http://aws.amazon.com/security/ and in no way shall Users hold BQool responsible for the quality of service provided by AWS.
- You agree that your use of the Account is at your sole risk. The Account is provided on an “as is” and “as available” basis.
- You understand that BQool uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Account and consent to the sharing of your personal information by BQool with these third party vendors for Account purposes.
- You must not modify, adapt, or hack the Account or modify another website so as to falsely imply that it is associated with the Service, BQool, or any other BQool service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or a access to the Service without the express written permission by BQool.
- You agree that BQool customer support may be accessing your Account in order to resolve your problem or issue of using our Service.
- BQool may remove content and Accounts containing content that we determine, in our sole discretion, are unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates any party’s intellectual property rights, these Terms of Service, or the Agreement.
- Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any BQool Account holder, user, customer, employee, member, or officer will result in immediate Account termination.
- You understand that the technical processing and transmission of information within or via your Account, including your content, may be transferred unencrypted and involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devise.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- BQool does not warrant that: (i) the Account or Service will meet your specific requirements;(ii) the Service or Account access will be uninterrupted, timely, secure, or error-free;(iii) the results that may be obtained from the use of the Service will be accurate or reliable;(iv) the quality of any products, services, information, or other material purchased or obtained by you through the Site or Account will meet your expectations; and (v) any errors in the Account or Service will be corrected.
- You understand and expressly agree that BQool 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 (even if BQool has been advised of the possibility of such damages), resulting from or relating to: (i) the use or the inability to use the Account, Service, or Site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained from the Site, or via messages received or transactions entered into, through, or from the Site or Account; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Site; (v) or any other matter relating to the Site.
- The Agreement constitutes the entire agreement between you and BQool and governs your use of the Account, superseding any prior agreement between you and BQool (including, but not limited to, any prior versions of the Terms of Service).The failure of BQool to exercise or enforce any right or provision of the Terms of Service or Agreement shall not constitute a waiver of such right or provision.
- If any suit, action, or other proceeding is instituted to interpret, enforce, or rescind any provisions of the Agreement or to resolve any dispute about or involving the Site, Account, Service, Content, or Agreement, the prevailing party will be entitled to recover its reasonable attorney’s fees and costs incurred in the prosecution or defense of such suit, action, or proceeding.
- If any part of the Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Agreement, all of which will remain in full force and effect.
Scope of the Data Processing Arrangements
This exhibit (“Exhibit”) reflects the parties' agreement with regard to the processing of Personal Data. The parties acknowledge that for the purposes of the EU General Data Protection Regulation (Regulation (EU) 2016/679 of 27 April 2016) and any other applicable laws, as may be amended from time to time, the User is the Data Controller and the Company is the Data Processor as defined in the data protection legislation.
Definitions and Interpretation
- "Controller", "Processor", "Data Subject", "Personal Data", “Member State”, “Supervisory Authority”, and "processing" (and "process") shall have the meanings given in GDPR.
- “Agreement”, “Services”, “Service Data”, and “User” shall have the meanings given in Term of Service.
- “Data Protection Laws” means EU General Data Protection Regulation (Regulation 2016/679) (GDPR) and, to the extent applicable, any other applicable data protection laws and regulations.
- “EEA” means the European Economic Area.
- “Subprocessor” means any person appointed by or on behalf of Processor to process Personal Data on behalf of the Company in connection with this Exhibit.
Processing of Personal Data
Processor may not process or use the Service Data for any other purpose than provided in the documented instructions from the Controller, including the transfer of Personal Data to any third country outside EU and/or EEA or an international organization, unless Processor is required to do so according to European Union or Member State law. Processor must ensure that there is a legal basis for the transfer. If Processor considers an instruction from the Controller to be in violation of the GDPR, or other European Union or Member State data protection provisions, Processor shall immediately inform the Controller. Controller agrees that Personal Data will be processed and transferred through Amazon Web Services (“AWS”), and the Personal Data/Service Data may be transferred to the Subprocessor who provides the AWS service and the country where the AWS service located in.
Processor must ensure that persons authorized to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
- Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Processor shall in relation to the Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.
- In assessing the appropriate level of security, Processor shall take account in particular of the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data transmitted, stored or otherwise processed.
The Processor may engage a sub supplier and will be subject to a written agreement with the sub supplier, in which at least the same data protection obligations as set out in these terms.
Data Subject Rights and Obligation of Notification
- Taking into account the nature of the Processing, Processor shall assist the Controller by implementing appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of the Controller obligations, as reasonably understood by Controller, to respond to requests to exercise Data Subject rights under the Data Protection Laws.
- Processor must without undue delay after becoming aware of the facts in writing notify the Controller about:
- any request for disclosure of Personal Data processed under this Exhibit by authorities, unless expressly prohibited under European Union or Member State law;
- any suspicion or finding of breach of security that results in accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise processed by Processor under this Exhibit.
- any request for access to the Personal Data received directly from the data subjects or from third parties.
Data Protection Impact Assessment and Prior Consultation
Processor must assist the Controller with meeting the other obligations that may be incumbent on the Controller according to European Union or Member State law where the assistance of Processor is implied, and where the assistance of Processor is necessary for the Controller to comply with its obligations.
Deletion of Personal Data
Processor must, upon request from the Controller, delete all the Personal Data provided by the Controller to the controller after the end of the provision of services relating to processing, and delete existing copies unless European Union or Member State law requires storage of the Personal Data.
- Processor shall make available to the Controller on request all information necessary to demonstrate compliance with this Exhibit, and shall allow for and contribute to audits, including inspections, by the Controller or an auditor mandated by the Controller.
- Information and audit rights of the Controller only arise to the extent that this Exhibit does not otherwise give them information and audit rights meeting the relevant requirements of Data Protection Laws.
- Processor shall keep Personal Data confidential and shall not disclose the Personal Data to third parties or take copies of Personal Data unless strictly necessary for the performance of Processor's obligations towards the Controller according to these terms, and on condition that whoever Personal Data is disclosed to is familiar with the confidential nature of the data and has accepted to keep the Personal Data confidential in accordance with these terms. All terms apply to any of Processor's employees and Processor must ensure that its employees comply with these terms. Processor must limit the access to Personal Data to employees for whom access to said data is necessary to fulfil Processor's obligations towards the Controller.
- These terms may be amended from time to time with due notice being provided.
- This Exhibit shall be terminated as the Processor’s service being ceased or unavailable. However, these terms shall be in force as long as Processor processes the Personal Data, for which the Controller is data controller.