Terms of Service
These Terms of Service (“Terms of Service“), together with our Acceptable Use Policy, Data Processing Agreement, any Service Order (as defined below) and, if applicable, our API Terms of Use, collectively constitute a binding agreement (the “Agreement”) between Beantown Coffee, Inc. (Beantown Coffee) and you or the legal entity you represent (“Customer” or “you“).
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THE SERVICES. BY CLICKING ON THE “CREATE ACCOUNT” BUTTON, COMPLETING THE REGISTRATION PROCESS OR ACCESSING OR USING ANY OF THE SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH Beantown Coffee, (3) THE INFORMATION YOU PROVIDED IN CONNECTION WITH YOUR REGISTRATION FOR THE SERVICES IS ACCURATE AND COMPLETE, AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE AGREEMENT. THE TERM “YOU” OR “USER” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED FOR THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU DO NOT HAVE SUCH AUTHORITY OR ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH Beantown Coffee, YOU MAY NOT ACCESS OR USE THE SERVICES.
If you have any questions about these Terms of Service or the Services, please reach out to Beantown Coffee Support.
1. DEFINITIONS. Capitalized terms shall have the meanings set forth in this section, or in the section where they are first used.
1.1. “Authorized User” means any individual who is an employee of Customer or an affiliate, partner, service provider or such other person or entity as may be authorized by Customer to access the Services pursuant to Customer’s rights under this Agreement.
1.2. “Customer Communications” means communications sent via the Services, including emails, SMS and MMS messages, communications through websites and transactions, and other similar communications.
1.3. “Customer Data” means any data, information, programs, and other content provided or transmitted by Customer or its Authorized Users to the Services, including, without limitation, Customer Marketing Content and personal data, including personal data of end customers and prospects.
1.4. “Customer Marketing Content” means trademarks, trade names, service marks, slogans, logos, other source identifiers, and marketing and promotional content, including content in Customer Communications provided or transmitted by Customer or its Authorized Users to the Services in connection with the advertising, promotion, and sale of products and services.
1.5. “Documentation” means the online user guides and other technical material relating to the use of the Services, including any applicable service descriptions that are made available by Beantown Coffee to Customer, as may be updated from time to time.
1.6. “Intellectual Property Rights” means any and all intellectual property, industrial property, and other proprietary rights throughout the world, including all rights in, to, or arising out of patents, patent applications, inventions (whether patentable or not), invention disclosures, trade secrets, know-how, proprietary information, works of authorship, copyrights, mask works, moral rights, trademarks, service marks, software, data, technology, layout designs and design rights, and all registrations, applications, renewals, extensions, or reissues of any of the foregoing.
1.7. “Services” means Beantown Coffee cloud based services including support and other services made generally available and subscribed by Customer in a Service Order.
1.8. “Service Order” means any online or written form or other communication provided by Beantown Coffee evidencing Customer’s subscription to the Service.
2. MODIFICATION TO THE AGREEMENT.
Beantown Coffee may amend the Agreement from time to time due to changes to the Services, to account for developments under the law, or for any other reason. When material modifications are made, Beantown Coffee may (and where required by law, will) send an email to you at the last email address you provided to us pursuant to the Agreement to provide an updated copy of the Agreement. Beantown Coffee may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK Beantown Coffee WEBSITE TO VIEW THE THEN-CURRENT TERMS.
3. PROVISION OF SERVICES
3.1. Access. Subject to the terms and conditions of the Agreement, Beantown Coffee grants Customer a non-exclusive, non-transferable, non- sublicensable, revocable right to access and use the Services during the Term (as defined below). Customer may permit its Authorized Users to use the Services provided that Customer shall be responsible for each Authorized User’s compliance with and breach of the Agreement.